The Management Board of AFORTI Holding S.A. with its registered office in Warsaw (hereinafter referred to as the “Company”, “Issuer”) hereby announces that in connection with the acceptance by the Company’s creditors on September 14, 2024 of the arrangement in the arrangement approval
proceedings, the Issuer filed on September 14, 2024 – to the District Court for the Capital City of Warsaw in Warsaw, 18th Commercial Division for Bankruptcy and Restructuring Cases – an application for approval of the arrangement.
Pursuant to art. 119 sec. 1 of the Act of 15 May 2015 – Restructuring Law (Journal of Laws of 2022, item 2309, hereinafter referred to as “PrRest”), a resolution of the meeting of creditors on the acceptance of the arrangement is adopted if the majority of voting creditors who cast a valid vote and who have a total of at least two-thirds of the sum of the receivables owed to the voting creditors vote in favour of it.
710 creditors took part in the vote. Valid votes were cast by 629 creditors with a voting power of PLN 175,176,410.18.
523 creditors with a voting power of PLN 117,171,180.26 voted in favour of the arrangement.
It was found that:
a) the arrangement was not accepted in group I – it obtained 0% of the votes of the creditors voting in terms of quantity and 0% in terms of capital;
b) the arrangement was accepted in group II – it obtained 100% of the votes of the creditors voting in terms of quantity and 100% in terms of capital;
c) the arrangement was accepted in group III – it obtained 83% of the votes of the creditors voting in terms of quantity and 67% in terms of capital.
However, in accordance with Article 119 sec. 3 of the PrRest, the arrangement is accepted even if it does not obtain the required majority in some of the groups of creditors, if creditors having a total of two-thirds of the sum of receivables owed to the voting creditors voted in favour of accepting the arrangement, and creditors from the group or groups that voted against accepting the arrangement will be satisfied under the arrangement to an extent no less favourable than in the case of conducting bankruptcy proceedings.
To sum up, it should be noted that in the vote on the arrangement, 629 creditors cast valid votes, with a voting power of PLN 175,176,410.18. 523 creditors voted in favour of the arrangement, with a voting power of PLN 117,171,180.26, which constitutes 67% of the total receivables due to all voting creditors.
The Company will inform about the consideration of the application by the Court in a separate announcement.
Legal basis: Article 17 paragraph 1 of the MAR – confidential information
Klaudiusz Sytek
President of the Management Board