Notice of outcome in written procedure for senior secured bonds issued by BioFish Holding AS

To the bondholders in senior secured bonds with ISIN NO 001 0820178 (NOK Bonds) and ISIN SE 001 1062256 (SEK Bonds) (collectively, the “Bonds”) issued by BioFish Holding AS (the “Issuer”) on 13 April 2018.

A Norwegian Translation of this notice is included in the full notice which can be downloaded below. In case of any inconsistency between Norwegian translation and English text, the English text shall prevail.

Notice of outcome

Intertrust (Norway) AS (the “Trustee“) is acting as Trustee on behalf of the Bondholders under the terms and conditions relating to the Bonds dated 9 November 2017 (the “Terms and Conditions”). 

Capitalized terms not otherwise defined herein shall have the same meaning as in the Terms and Conditions.

In the Written Procedure for which notice was given on 11 August 2020 and the last date to vote was 26 August 2020 at 12:00 CET, the Trustee hereby announce the successful completion of the Written Procedure. The Written Procedure was initiated by the Trustee in accordance with cl. 22.1 cf. cl. 20.1 under the Terms and Conditions, in order to appoint a Bondholders’ Committee (the “Request”). The Request is described in Schedule 1. 

Eligible replies corresponding to 18,90 per cent of the Adjusted Nominal Amount have been received in the Written Procedure. It was thus established that the requisite quorum of at least 50 per cent of the Adjusted Nominal Amount was not achieved. The Request was therefore neither accepted nor rejected. 

The Request was approved by 89,76 per cent of the eligible votes received in the Written Procedure. The consent requirements in cl. 20.9 of Bondholders representing more than 50 per cent of the Adjusted Nominal Amount for which Bondholders reply in the Written Procedure was therefore met. 

A Second Written Procedure will be initiated shortly.