Report concerns:
Notice receipt based on section 70.1 of the Act on Public Offering, Conditions Governing the Introduction of Financial Instruments to Organized Trading, and Public Companies
Report’s text:
Acting pursuant to section 70.1 of the Act on Public Offering, Conditions Governing the Introduction of Financial Instruments to Organized Trading, and Public Companies of 29 July 2005 (Journal of Laws No. 184 item 1539, as amended) J.W. Construction Holding S.A., with its seat in Ząbki, Poland (henceforth the Company) hereby reports that on 4 November 2008 the Company received the following notice from Mr. Józef Wojciechowski:
“NOTICE REGARDING A CHANGE IN THE NUMBER OF SHARES IN J.W. CONSTRUCTION HOLDING S.A. HELD BY THE SHAREHOLDER
Pursuant to the provisions of section 69.2.(2) of the Act on Public Offering, Conditions Governing the Introduction of Financial Instruments to Organized Trading, and Public Companies of 29 July 2005 (Journal of Laws No. 184 item 1539, as amended), Józef Kazimierz Wojciechowski (henceforth the Shareholder) hereby reports that on 31 October 2008, as a result of settlement of an off-session package deal concluded on 28 October 2008 by J.W. Construction Holding S.A. (henceforth the Company) in execution of the buy-back program for the redemption of own shares as well as transactions executed by the Shareholder in the period from 27 November 2007 to 9 October 2008, the Shareholder’s total share in the number of votes at the Shareholders’ Meeting, held directly and indirectly by EHT S.A. with its registered office in Luxembourg (henceforth EHT) and the Company increased by 1%.
Prior to the aforementioned change, as of 27 November 2007 the Shareholder held directly and indirectly by EHT the total number of 44,373,347 shares in the Company, which accounted for 81.12% of the Company’s share capital, gave right to 44,373,347 votes at the General Shareholders’ Meeting and represented 81.12% of the total number of votes at the General Shareholders’ Meeting.
As a result of a number of transactions concluded in the period from 27 November 2007 to 9 October 2008 the Shareholder purchased directly 450,376 shares in the Company, whereas in the period from 22 July 2008 to 31 October 2008, in execution of the buy-back program for the redemption of own shares the Company purchased 97,951 own shares in the form of off-session package deals for redemption. The total number of shares acquired by the Shareholder and the Company is 548,327, which accounts for 1% of the Company’s share capital. The shares give right to 548,327 votes at the General Shareholders’ Meeting and represent 1% of the total number of votes at the General Shareholders’ Meeting. However, it should be noted that the 1% threshold was exceeded on 31 October 2008 as a result of settlement of the Company’s acquisition of 18,861 shares in the Company in the form of an off-session package deal in execution of the buy-back program for the redemption of own shares.
As a result of the aforementioned transactions, as of 31 October 2008 the Shareholder holds directly and indirectly by EHT and the Company the total number of 44,921,674 shares in the Company, which account for 82.13% of the Company’s share capital, give right to 44,921,674 votes at the General Shareholders’ Meeting and represent 82.13% of the total number of votes at the General Shareholders’ Meeting.
The execution of the aforementioned transactions did not involve a change in the number of shares held by the Shareholder indirectly by EHT. As of 31 October 2008 the number of such shares is 25,448,300 and they account for 46.52% of the Company’s share capital, give right to 25,448,300 votes at the General Shareholders’ Meeting and represent 46.52% of the total number of votes at the General Shareholders’ Meeting. On the other hand, the number of shares in the Company held directly by the Shareholder changed and as of 31 October 2008 is 19,375,423, which shares account for 35.42% of the Company’s share capital, give right to 19,375,423 votes at the General Shareholders’ Meeting and represent 35.42% of the total number of votes at the General Shareholders’ Meeting. The Shareholder, indirectly by the Company, holds 97,951 shares in the Company, which account for 0.18% of the Company’s share capital, give right to 97,951 votes at the General Shareholders’ Meeting and represent 0.18% of the total number of votes at the General Shareholders’ Meeting.”