On April 15, 2019, Nyrstar NV (« Nyrstar » or « the company ») and its subsidiaries announced the « group » (the « April 15 announcement ») that it had entered into a blocking agreement with representatives of its main financial creditor groups (the « lock-up agreement ») to recapitalize the group. For more details on the terms of the recapitalization, see the April 15 announcement. All the terms capitalized in this notice have the meaning given to them in the April 15 announcement, unless otherwise defined. The recapitalization terms include the sale of The Operating Group company to NewCo, after which Trafigura issues 98% of NewCo`s share capital. The company will continue to be a holding company holding 2% (indirectly) of the operating group`s (indirect) equity to existing shareholders, which will free up debt for existing financial debt and guarantees of commercial agreements. The Task Force will also provide certain funds for the company`s other operating costs. Holders of convertible bonds are reminded that, as the Company announced on May 6, 2019, a general meeting of convertible bondholders will be held on May 21, 2019. For more details on this meeting, see the company`s announcement of May 6, 2019 and the caller release of this meeting, published on the Nyrstar www.nyrstar.com/en/investors/share-and-bondholder-information/bondholder-information website and on the Lucid website, as described below. Anthony Simms Head of Investor Relations T: `41 44 745 8157 M: `41 79 722 2152 email@example.com Regulated Information – Preferred InformationNyrstar provides summary information on the procedures relating to the appointment of d a panel of experts 30 October 2020 at 22.00 CETNyrstar NV (the company) today informs of the summary proceedings brought against the company by certain minority shareholders, by subpoena on 27 April 2020.
The president of the Antwerp Enterprise Court today issued a court order in which he ruled in favour of the minority shareholders` claim to appoint a group of experts in corporate law, in accordance with Article 7:160 of the Belgian Code of Companies and Associations. At the same time, the court order contains the following: – A group of three independent experts is appointed to examine: (i) whether the transactions between the former Nyrstar Group and the Trafigura Group were concluded on 9 November 2015 and after 9 November 2015 « on the length of the arms » and under normal conditions and, if not, Nyrstar`s direct and indirect damages as a result of violations of this principle have been assessed; (ii) whether the terms of transfer of all rights arising from the agreements between the Talvivaara Mining Company and Nyrstar, from Nyrstar to Terrafame, Winttal Oy Ltd. and hence Terrafame Mining, have been assessed on the length and, if not, the direct and indirect damage suffered by Nyrstar as a result of this transfer; and (iii) the causes of the liquidity crisis and whether it was necessary for Nyrstar to obtain the binding timetable, the TFFA and the lockout agreement and to examine whether the terms of these agreements were lengthy and, if not, to estimate the damage suffered by Nyrstar by the conclusion of these agreements. The company files an advance of EUR 121,000 in the judicial register to cover the costs of the expert group.