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

To the bondholders in senior secured bonds with ISIN NO 001 0820178 (NOK Bonds) and ISIN SE 001 1062256 (SEK Bonds) (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 to bondholders

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

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

The Trustee has been contacted by a bondholders concerning a wish for a formation of a Bondholders’ Committee (BHC).

The respective bondholder (the “Initiator”) has experience from the Norwegian High Yield marked and wishes to take initiative to a formation of a BHC. The Initiator has since the late 1990s worked with different situations related to high yield, both as Issuer, on behalf of Issuer, in relation to sale or reconstruction or in relation to board positions. From 1994-2013, the Initiator worked in the Astrup Fearnely Group, mainly as managing director in Fearnley Securities. 

Pursuant to cl. 19.1 a BHC needs to consist of no less than (3) natural persons and all members of a BHC shall be elected at a Bondholders’ Meeting.

Pursuant to cl. 19.3, a BHC may enter into discussions with the Issuer and other creditors of the Issuer and by majority decision among its member (i) adopt such procedural rules as it considers appropriate and (ii) prepare proposals and recommendations to the Bondholders. A BHC may not bind the Bondholders to any agreement or decision. 

Bondholders who are interested in participating in a BHC are kindly asked to reach out to the Initiator of the Trustee in accordance with the contact details below, within 31 July 2020. The Trustee will proceed with the initiation of a Bondholders’ Meeting after this date if the interest among the Bondholders is sufficient. 

To the Initiator:

Eivind Hadler-Olsen, [email protected], +47 950 33 523

To the Trustee:

Intertrust (Norway) AS

Eleonore Foss, [email protected], +47 958 14 513

Andreas W. Hennyng, [email protected], +47 971 87 151