Arrangement concluded between TIM SA, 3LP SA and HE Wroclaw 3 sp. z o.o.

Date

2016-11-10

Current report no.

49/2016

Management Board of TIM S.A. with its registered office in Wrocław notifies that on 10.11.2016 TIM SA received a copy of an arrangement of 02 November 2016 signed by all parties and concluded between TIM SA, 3LP SA _ subsidiary of TIM SA, with 100 % shares held by TIM SA _ and HE Wroclaw 3 spółka z ograniczoną odpowiedzialnością _ previous name HE Enterprises Sp. z o.o. with its registered office in Warsaw_ to the Lease Agreement concluded on 03 November 2015 between TIM SA _ hereinafter : „Lessee”_ He Enterprises Sp. z o.o. with its registered office in Warsaw _current name HE Wroclaw 3 spółka z ograniczoną odpowiedzialnością_, _ hereinafter „Lessor”_ the subject of which is the lease of warehouse buildings located in Siechnice at ul. Kwiatkowskiego 24 _ hereinafter “Lease Agreement”_. TIM SA published information about the conclusion of Lease Agreement in the current report No. 32/2015 of 03.11.2015.
Pursuant to an arrangement of 02.11.2016, referred to above, 3LP entered into the Lease Agreement and represented that it will be exercising any and all rights and obligations under the Lease Agreement.
One of the obligations under the Lease Agreement is to provide Lessor with a bank guarantee to secure timely payment of monetary obligations under the Lease Agreement in line with the terms and conditions specified therein. The information about issuing by Bank Handlowy w Warszawie SA _ hereinafter: „Bank Handlowy” _ of the guarantee in question, at the order of TIM SA for the period from 10.11.2015 to 09.11.2016, was published by TIM SA on 10.11.2015, current report No. 34/2015.
At the same time the Management Board of TIM SA notifies that on 10.11.2016 Bank Handlowy, acting on behalf of 3LP SA, issued an irrevocable, transferable and unconditional payment guarantee up to the amount of EUR 2 million _in words: two million euro_ made to HE Wroclaw 3 spółka z ograniczoną odpowiedzialnością in order to secure timely payments of monetary obligations under the Lease Agreement.
The Guarantee shall be valid from 10.11.2016 to 08.11.2017.
Obligations under the guarantee are secured by TIM SA by way of surety up to the amount of EUR 2,400,000 _ in words: two million four hundred thousand euro _ by 31 May 2018, mortgage established in favour of Bank Handlowy on the perpetual usufruct right to the real property located in Wrocław at ul. Stargardzka 8, described in the Land and Mortgage Register KW No. WR 1 K/00095155/3, whose perpetual usufructuary and owner of the buildings and structures is TIM SA, up to the amount of EUR 2,400,000 _ two million four hundred thousand euro_ and representations made by TIM SA and 3LP SA on submission to enforcement.
Management Board of TIM SA decided that the above information is of confidential nature, referred to in Art. 17 MAR due to the fact that such information may have potential impact on financial results of TIM SA.

2016-11-10, Artur Piekarczyk – Member of the Board
2016-11-10, Anna Slobodzian-Pula – Member of the Board