Serving a notice of withdrawal

Legal basis (selected in ESPI): Article 56 Section 5 of the Act on Offering – information update

In reference to Current Report No. 40/2016 of 24 June 2016, the Management Board of PKP CARGO S.A. (“PKP CARGO”) hereby reports that on 27 June 2016 PKP CARGO and its subsidiary PKP CARGOTABOR USŁUGI sp. z o.o. (“PKP CU”) served on PKN Orlen S.A. and Euronaft Trzebinia sp. z o.o. (“Euronaft”) a notice on exercise of their right to withdraw from:

– conditional binding purchase agreement for 40,796 shares with a par value of PLN 1,000 each, with a total par value of PLN 40,796,000, representing approx. 99.85% of the shares in the share capital of ORLEN KolTrans sp. z o.o. entered into by and between PKN Orlen S.A., PKP CARGO and PKP CU (“KolTrans Purchase Agreement”), and
– conditional binding purchase agreement for an organized part of Euronaft’s enterprise, under which Euronaft provides rail transport services, rail siding service, track works and rolling stock repair services, entered into by and between Euronaft and PKP CARGO (“OPE Euronaft Purchase Agreement”).

Consequently the KolTrans Purchase Agreement and the OPE Euronaft Purchase Agreement were terminated, effective as of 27 June 2016.

Legal basis:
Article 56 Section 5 of the Act of 29 July 2005 on Public Offering and the Terms and Conditions for Introducing Financial Instruments to an Organized Trading System and on Public Companies (Journal of Laws 2013 Item 1382).