DTEK Energy B.V. (the "Company") hereby announces that, pursuant to an injunction dated 18 September 2020 granted by the District Court of Amsterdam (the "Injunction"), conservatory attachments (the "Attachments") have been levied over (i) the share capital of the sole Dutch subsidiary of the Company (the "Attached Shares"); and (ii) current and future monies, receivables and other assets held for or owing (or that may be owed) to the Company by certain of its affiliates (including DTEK Oil & Gas B.V.) and certain other third parties (the "Attached Receivables", and together with the Attached Shares, the "Attached Assets").
The Attachments have the effect of prohibiting (i) the payment of the Attached Receivables to the Company; and (ii) the Company from disposing of, or receiving dividends on, the Attached Shares, but are not expected to adversely affect the ability of the Company or its consolidated subsidiaries (together, the "Group") to continue to conduct their businesses, or to prevent the Group from continuing to negotiate and agree the terms of the ongoing restructuring of the Group's indebtedness with its bank and bond creditors. The Attachments do not otherwise affect the authority of the Company or its directors, or of the Dutch subsidiary of the Company, nor do they affect other assets than the Attached Assets.
The Injunction was obtained in ex parte proceedings by Sberbank of Russia (the "Creditor") in connection with the delivery by the Creditor on 18 September 2020 of a demand for payment of approximately US$45.1 million by the Company under a guarantee agreement (the "Demand") in respect of the payment obligations of certain of the Company's affiliates (the "Affiliates") under a facility agreement entered into between the Affiliates and the Creditor (the "Facility Agreement").
The Company intends to use all legal rights and remedies available to it to challenge and defend against the Demand and the Attachments. It also intends to continue discussions with the Creditor, together with the Affiliates, to restructure the indebtedness under and in respect of the Facility Agreement.
For any enquiries, please contact:
DTEK Energy B.V.: corpfin@dtek.com
