Polymetal Makes Notice of Material Fact
OREANDA-NEWS. October 27, 2011. JSC "Polymetal" (LSE, MICEX, RTS: PMTL) ("Polymetal" or the "Company") announces that POLYMETAL INTERNATIONAL PLC, a company incorporated in Jersey, Channel Islands ("Polymetal International") and PMTL HOLDING LIMITED ("PMTL"), a wholly owned subsidiary of Polymetal International, have made announcements, according to which, reported the press-centre of Polymetal:
As of 12 pm London time (being 3 pm Moscow time) on 21 October 2011, the original Expiration Time for the exchange offer (called the "Institutional Share Swap Facility" or "ISSF"), previously announced and made on 30 September 2011 by PMTL, PMTL had received total acceptances for 296,457,684 ordinary shares and 35,089,096 global depositary receipts ("GDRs") representing ordinary shares of Polymetal being approximately 83 per cent. of Polymetal's issued and outstanding share capital.
The ISSF is conditional on certain matters, including the receipt of acceptances representing an aggregate of 85 per cent. of Polymetal's shares and GDRs (or such other percentage as may be determined by PMTL) and subject to the terms and conditions set forth in the ISSF documents. In accordance with those terms and conditions, PMTL has exercised its right to waive the condition of the ISSF relating to the acceptances. In addition, due to certain complexities of the acceptance under the ISSF, some Polymetal shareholders and GDR holders have not been able to accept the ISSF prior to the Expiration Time. Therefore, in order to provide shareholders and GDR holders of Polymetal with additional time to accept the ISSF, PMTL has decided to extend the period during which the Institutional Share Swap Facility is open for acceptance to 12 pm, London time (being 3pm Moscow time), on 26 October 2011 (the "Extension") which will be the revised Expiration Time for the ISSF.
The ISSF has been made in connection with the intention of Polymetal International, together with certain major shareholders of the Company, to change the corporate structure of Polymetal. Under these proposals, Polymetal International will become the new holding company for the Company. Polymetal International will seek application for admission of its Shares to the premium listing segment of the Official List of the UK Financial Services Authority and to trading on the main market for listed securities of the London Stock Exchange.
The ISSF has been made to existing holders of Company Shares and/or GDRs outside of the Russian Federation, Australia, Canada, Italy and Japan who, under the laws of their jurisdictions, are permitted to participate in the ISSF in accordance with applicable laws and the terms of the Institutional Share Swap Facility, and to certain existing holders of Company Shares and/or GDRs inside the Russian Federation that are "qualified investors" under Article 51.2 of the Russian Federal Law No. 39-FZ dated 22 April 1996 "On Securities Market", as amended, or are otherwise permitted to receive foreign securities under Russian law.
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