On 20 February 2010, public company ALITA notified the material event regarding the notified information on the termination of the 24 July 2007 share sale-purchase agreement of the 51,90242% shares (the Shares) of Akcionarsko društvo Beogradska industrija piva (the Company), concluded between the Share Fund of the Republic of Serbia and the Privatisation Agency of the Republic of Serbia, from one side, and public company ALITA and United Nordic Beverages AB, acting as a consortium of legal entities (the Buyer), from the other side (the Privatisation Agreement) and informed that the Share Fund of the Republic of Serbia and the Privatisation Agency of the Republic of Serbia claim the following contractual penalties from the public company ALITA for the alleged infringement of the obligations arising from the Privatization Agreement: - the fine amounting to 50 % of the purchase price of the Shares - for the breach of the obligation to make investments into the Company, as stipulated in Article 8.1.2 of the Privatisation Agreement; - the fine amounting to double value of the transferred fixed assets of the Company - for the breach of the obligation, stipulated in Article 8.2.2 of the Privatisation Agreement (i.e. for the failure to secure that the Company would dispose its fixed assets in accordance with the provisions of the Privatisation Agreement); - the fine amounting to 100% of the purchase price of the Shares - for the breach of the obligation, stipulated in Article 8.2.4 of the Privatisation Agreement (i.e. for causing the Company to be put into the enforced settlement by way of sale of the Company's fixed assets or any other similar proceeding and failure to prevent such proceedings). The amount of the claimed contractual penalties was not indicated; therefore the exact amount of it is not clear at the moment. However, it is obvious that the amount of contractual penalties shall exceed the price of the Shares paid by the Buyer, i.e. EUR 21,400,055.29. While responding to such a request, on 5 March 2010 public company „ALITA“, has informed the Share Fund of the Republic of Serbia and the Privatisation Agency of the Republic of Serbia, that it does not agree with such alleged breaches of the Privatization Agreement and, accordingly, the request to pay the penalties, deems such request as not reasonable and does not agree to pay the requested penalties; and also deems that the Share Fund of the Republic of Serbia and the Privatisation Agency of the Republic of Serbia have violated the contractual rights and applicable laws. Currently the Buyer together with its lawyers is still analysing the situation and possible strategies to challenge the aforementioned requests of the institutions of the Republic of Serbia. Authorized to provide information: Vytautas Junevicius tel. +370 315 57243 Vytautas Junevičius, Director General
Re response to the claims on payment of penalties of the Share Fund of the Republic of Serbia and the Privatisation Agency of the Republic of Serbia
| Quelle: ALT investicijos AB