22 January 2021
To the bondholders in senior secured bonds with ISIN NO 001 0865504 (NOK Bonds) and ISIN NO 001 0865470 (SEK Bonds) (the “Bonds”) issued by Filago Prosjekt Holding 1 AS (the “Issuer”) on 29 September 2017.
A Norwegian translation of this notice is include din the full notice which can be downloaded as per below. In case on any inconsistency between the Norwegian translation and the English text, the English text shall prevail.
Intertrust (Norway) AS (the “Trustee”) is acting as Trustee on behalf of the Bondholders under the terms and conditions relating to the Bonds dated 29 September 2017 (the “Terms and Conditions”).
Capitalized terms not defined herein shall have the same meaning as in the Terms and Conditions.
On June 30 2020, the Bondholders resolved to approve the Proposal from Bright View AS, subject for the Written Procedure initiated 26 May 2020. As communicated to the Bondholders in the Notice for Written Procedure and in the Notice to Bondholders dated 1 July 2020, the Proposal from Bright View AS was conditioned by the consent of the estate of bankruptcy. The Trustee, the estate of bankruptcy and Bright View AS entered into discussion concerning a possible effectuation of the Proposal from Bright View AS. Due to a lack of assurance in respect of legal issues, security related aspects and technicalities, the estate of Bankruptcy did not consent to an effectuation of the Proposal from Bright View AS.
As a result of this, the estate of Bankruptcy submitted a motion for forced sale of the properties on Tjøme and Gran in October 2020.
The Trustee is currently waiting for any decision to be available in respect of the forced sale. The Bondholders will be informed promptly upon receival of such decision.
For further information, please contact:
For the Trustee:
Eleonore Foss
Intertrust (Norway) AS
Eleonore.foss@interustgroup.com
+47 958 14 513
Andreas W. Hennyng
Intertrust (Norway) ASc
Andreas.w.hennyng@intertrustgroup.com
+47 971 87 151