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Notice to bondholders in senior secured bonds issued by BioFish Holding AS

4 August 2020

To the bondholders in senior secured bonds with ISIN NO 001 0820178 (NOK Bonds) and ISIN SE 001 1062256 (SEK Bonds) collectively; the “Bonds”) issued by BioFish Holding AS (the “Issuer”) on 13 April 2018.

A Norwegian Translation of this notice is included in the full notice which can be downloaded as per below. In case of any inconsistency between the Norwegian translation and the English text, the English text shall prevail. 

Notice of outcome

Intertrust (Norway) AS (the “Trustee”) acting as Trustee on behalf of the Bondholder under the terms and conditions relating to the Bonds dated 9 April 2018 (the “Terms and Conditions”).

Capitalized terms not defined herein shall have the same meaning as in the Terms and Conditions.

In the Written Procedure for which notice was given on 15 July 2020 and last date to vote was 4 August 2020 at 12:00 (CET), the Trustee hereby announce the successful completion of the Written Procedure. The Written Procedure was initiated by the Trustee, on behalf of and as requested by the Issuer in accordance with the obligations under the Terms and Conditions., in order for the Bondholders to approve or reject a proposal regarding certain amendments to the Terms and Condtions (the “Request”) as fully described in Schedule 1. 

Eligible replies corresponding to 13,85 per cent of the Adjusted Nominal Amount have been received in the Written Procedure. It was thus established that the requisite quorum of at least 50 per cent of the Adjusted Nominal Amount was not achieved. The Request was therefore neither accepted nor rejected. 

The Request was approved by 43,63 per cent of the eligible votes received in the Written Procedure. The consent requirements in cl. 20.8 of Bondholders representing more than sixty-six and two thirds (66 2/3) per cent of the Adjusted Nominal Amount for which Bondholders reply in the Written Procedure was therefore not met. 

The Issuer will decide whether a Second Written Procedure shall be initiated in accordance with cl. 20.11 under the Terms and Conditions. 

 

For further information, please contact:

For the Trustee;

Eleonore Foss

Intertrust (Norway) AS

[email protected]

+47 958 14 513

 

Andreas W. Hennyng

Intertrust (Norway) AS

[email protected]

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