euro adhoc: PrimaCom AG
other
PrimaCom entered into a Settlement Agreement
with its Second Secured Lenders
Disclosure announcement transmitted by euro adhoc. The issuer is responsible for the content of this announcement.
13.10.2005
PrimaCom is pleased to announce that it has today entered into a Settlement Agreement with its Second Secured Lenders under a Facility Agreement dated 26 March 2002 ("SSFA").
This follows a judgment by the District Courts of Mainz (on the 13 September 2005) and an oral hearing in Frankfurt (on 16 September 2005) in which both courts clearly stated that they have no jurisdiction to hear the matters put before them which were subject to the exclusive jurisdiction of the English courts as provided for in the SSFA.
Under the Settlement Agreement PrimaCom has agreed to withdraw the litigation initiated by it against the Second Secured Lenders. Once this and certain other conditions have been satisfied on or before 30 November 2005 the Settlement Agreement provides for:
- the sale of PrimaComs Dutch business, Multikabel; - the refinancing and repayment in full of the existing Senior Facilities; - a judgment in favour of the Second Secured Lenders to be obtained in the English courts in the amount of EUR 425 million; - the settlement of all amounts due and payable under the SSFA including the judgment of the English Courts referred to above by payment by PrimaCom of the amount of EUR 375million to the Second Secured Lenders; - the resolution of all litigation outstanding between PrimaCom and the Second Secured Lenders; and - the giving of mutual waivers and releases between PrimaCom and the Second Secured Lenders.
Mr Preuss for PrimaCom said: "The PrimaCom Management is convinced that with this Agreement it achieved the best possible settlement with Second Secured Lenders."
A spokesperson for the Second Secured Lenders said: "We are pleased that once the Settlement Agreement is fully implemented matters between the Second Secured Lenders and Primacom will be resolved. The favourable outcome of the court proceedings in Mainz and Frankfurt, PrimaComs agreement to withdraw the German litigation and the releases from future claims given by PrimaCom confirm the validity of our claims under the SSFA. We believe this outcome to be in the best interests of the Companys stakeholders."
PrimaCom AG Management Board
end of announcement euro adhoc 13.10.2005 16:04:56
Further inquiry note:
Investor Relations
Telefon: +49(0)6131 944 522
E-Mail: investor@primacom.de
Branche: Telecommunications Equipment
ISIN: DE0006259104
WKN: 625910
Index: General Standard
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