Polygon AB (publ) announces a consent solicitation for its outstanding senior secured floating rate notes
NOT FOR RELEASE, PUBLICATION OR DISTRIBUTION IN OR INTO THE UNITED STATES OR TO ANY PERSON LOCATED OR RESIDENT IN ANY OTHER JURISDICTION WHERE IT IS UNLAWFUL TO DISTRIBUTE THIS ANNOUNCEMENT.
Polygon AB (publ) announces a consent solicitation for its outstanding up to maximum EUR 180,000,000 senior secured floating rate notes due 2019 with a current outstanding total nominal amount of EUR 120,000,000 (ISIN SE0005878535) (the " Notes" )
Polygon AB (publ) reg. no 556816-5855 (the "Company" ) announces that it is soliciting consent from holders of the Notes (the "Noteholders" ) to amend certain terms and conditions of the Notes (the "Consent Solicitation" ).
The Consent Solicitation is made subject to the terms and conditions, and certain restrictions, described in the consent solicitation memorandum regarding the Consent Solicitation issued by the Company and dated 11 October 2016 (the "Consent Solicitation Memorandum" ).
Consent solicitation from Noteholders
The Company today announces that it is soliciting consents from all Noteholders to certain amendments (the "Proposals" ) of the terms and conditions (the "Term and Conditions" ) governing the Notes.
A Noteholder who delivers a valid voting instruction in favour of the Proposals before 17:00 CET on 19 October 2016 (the "Early Bird Consent Fee Deadline" ) may be eligible to receive an early bird consent fee of 1.50 per cent. in respect of the Notes (the " Early Bird Consent Fee ").
The Proposals are passed through voting at a noteholder’s meeting held at the offices of Nordea Markets at Smålandsgatan 17, 111 47 Stockholm, Sweden, and will take place at 09:00 CET on 26 October 2016 (the "Meeting" ). In order for the Proposals to be passed at the Meeting a quorum of at least twenty (20) per cent. of the adjusted nominal amount must be reached and a majority of at least sixty-six and two thirds (66 2/3) per cent. of the adjusted nominal amount must approve the Proposals. Noteholders may cast a vote at the Meeting by participating in person or via representation by proxy.
Noteholders that wish to be eligible to receive the Early Bird Consent Fee should not participate in person or via representation by proxy at the Meeting, but should use the consent voting instruction form annexed to the Consent Solicitation Memorandum. Noteholders are advised to read carefully the Consent Solicitation Memorandum for full details of and information on the procedures for participating in the
Consent Solicitation. This press release is for information purposes only and is not an offer to sell or a solicitation of an offer to buy any security. The Consent Solicitation is being made solely pursuant to the Consent Solicitation Memorandum. If any Noteholder is in any doubt as to the contents of this press release, the information contained in the Consent Solicitation Memorandum or the action it should take, such Noteholder should seek its own financial and legal advice, including in respect of any tax consequences, immediately from its broker, bank manager, solicitor, accountant or other independent financial, tax or legal adviser.
To receive copies of the Consent Solicitation Memorandum or for questions relating to the Consent Solicitation, please contact Nordea Bank Danmark A/S acting as solicitation agent (the "Solicitation Agent" ). Any individual or company whose Notes are held by a nominee must contact such nominee to participate in the Consent Solicitation.
Nordea Bank AB (publ): IssuerSeCustodian@nordea.com
For further information, visit
Mats Norberg, CFO at Polygon
Phone: + 46 (0) 70 331 65 71
This information is information that Polygon AB (publ) is obliged to make public pursuant to the EU Market Abuse Regulation. The information was submitted for publication, through the agency of the contact person set out above, at 18:00 CET on 11 October 2016.