The Management Board of Grupa LOTOS S.A. (“Grupa LOTOS”, the “Company”) announces that on August 21st 2015 LOTOS Asfalt Sp. z o.o. (“LOTOS Asfalt”, the “Seller”), a company controlled by Grupa LOTOS, and Oxbow Energy Solutions B.V. of Rotterdam (“Oxbow”, the “Buyer”), entered into a contract to sell coke produced at the delayed coking unit (DCU), to be built under the EFRA (Effective Refining) project.
Pursuant to the contract, the Buyer will collect all the coke produced at the DCU. The annual coke output is estimated at ca. 350,000 tonnes.
The coke price shall be based on the data from PACE report („Pace Petroleum Coke Quarterly”) as published by Jacobs Consultancy and adjusted accordingly to the physicochemical parameters of the coke (in line with market standards).
The contract stipulates a condition precedent and it will go into effect upon obtaining by LOTOS Asfalt permits required for the completion of the DCU project. Additionally, LOTOS Asfalt has committed itself to specify the date when the DCU is to be put into commercial operation.
The contract was concluded for 10 years from the start of commercial operation of the DCU.
The contract provides for contractual penalties in the event the Buyer fails to collect the specified amount of coke. The total assumed value of all compensations is USD 10m, or PLN 37.3m(1).
Each party may terminate the contract with immediate effect in certain situations, among others LOTOS Asfalt may terminate the contract with immediate effect if (i) the aggregate amount of coke stored in its silo exceeds 6,000 tonnes for 30 consecutive days (the maximum amount of coke that can be stored is 6,500 tonnes), (ii) total compensation due from Oxbow reaches USD 10m.
The contract is deemed significant because its estimated value over its term is approximately PLN 1.05bn and thus exceeds 10% of the equity of Grupa LOTOS S.A.
The legal basis for the publication of this Current Report is Par. 5.1.3 of the Minister of Finance’s Regulation on current and periodic information to be published by issuers of securities and conditions for recognition as equivalent of information whose disclosure is required under the laws of a non-member state, dated February 19th 2009, as amended.
(1) As translated at the mid rate quoted by the NBP for August 21st 2015.