18 September 2019
Intertrust (Norway) AS (the “Trustee”) acting in its capacity as trustee for the bondholders under the terms and conditions of the bonds, has at the request of the bondholders on 18 September 2019 initiated a written procedure by which bondholders are asked to elect the candidates to the Bondholders’ Committee (the “BHC”).
The bondholders are hereby asked to vote on the nominated candidates in order to elect the members to the BHC. For further details of the candidates and the voting process, please see the full notice which can be downloaded as per below.
Notice of Written Procedure for Filago Prosjekt Holding 1 AS – Election of BHC
Pursuant to cl. 19.2 of the Terms and Conditions, the BHC shall consist of minimum three (3) natural persons. There is no upper limit of the amount of candidates, hence the bondholders can choose to vote for election of all the candidates to the BHC.
Each bondholder that is entitled to vote shall have the same number of votes to cast for each Bond as the total number of persons to be elected. A Bondholder may cast its votes for one or several of the candidates. The candidates that receive the most votes shall be elected to the BHC.
Pursuant to cl. 20.10 of the Terms and Conditions, a quorum in respect of the Written procedure will only exist if a Bondholder (or Bondholders) representing at least Fifty (50) per cent. of the Adjusted Nominal Amount reply to the request. Pursuant to cl. 20.8 of the Terms and Conditions, at least sixty six and two thirds (66 2/3) per cent. of the Adjusted Nominal Amount for which Bondholders reply in a Written procedure must consent to the Proposal in order for it to be approved.
The Trustee must have received the votes no later than by 12:00 (CET) on 3 October 2019.
For further information, please contact:
Intertrust (Norway) AS
Contact: Peter Drachmann
Phone: +47 400 22 444
E-mail: peter.drachmann@intertrustgroup.com