To the holder of bonds of JSC “OGK-2”
To the holder of bonds of JSC “OGK-2”
JSC “Second power generating company of whole sale power market” located at the address: 117393, 56, Profsoyuznaya st., stock 6 , Moscow, Russian Federation (hereafter – Company) informs that on October 31, 2007 the Extraordinary General Meeting of Company Shareholders (protocol w/o No. of 06.11.2007) made a decision on reorganization in the form of merger to JSC “OGK-2 Holding”, which will be established in the result of reorganization of JSC RAO “UES of Russia” in the form of withdrawal.
Terms and procedures for the settlement of demands of creditors (bondholders) of JSC «OGK-2».
Claims (statements) acceptance start date: 24.12.2007
Claims (statements) acceptance final date: 22.01.2008
Claims (statements) acceptance address: 117393, 56, Profsoyuznaya st., 6 floor, Moscow, Russian Federation.
Payment period: within 90 (ninety) days upon the date of acceptance of creditors’ demands by Company.
The Company shall purchase bonds itself.
Company repurchases bonds at nominal cost. In addition, the Company pays to bondholders accumulated coupon yield as of the performance date (i.e. performance of Company obligations related to the advance redemption of bonds). This sum is calculated in accordance with clause 9.3.2 of Decision on bond issue and clause 9.1.2. of Securities prospect.
For the execution of rights to advance bond redemption the Bondholder – the deponent of National Depositary Center or nominal holder – deponent of National Depositary Center authorized by the Bondholder to perform actions for advanced redemption of bonds shall send to the Company a statement with specification of the following data:
-full name of creditor – bondholder:
-for legal entities: company name, location, post address, taxpayer ID;
-for individual person: full name, residential address, post address, taxpayer ID (in case it was given pursuant to the established order); type, number, date and place of ID issuance, issuing authority;
-number of bonds for advanced redemption requested by creditor-bondholder;
-banking details for funds transfer:
- account number;
- bank name (including bank city) where the account was opened;
- correspondent account of the bank where the account was opened;
- bank identification code of the bank where the account was opened;
- taxpayer identification number of payment recipient;
- code of registration cause of payment recipient;
- tax position of a person entitled to obtain funds for the advance redemption of bonds (resident, non-resident with permanent establishment in RF, non-resident without permanent establishment in RF).
Documents which certify the ownership right to bonds and guarantee availability of securities as of the date of their redemption shall be attached to the application;
-depositary statement of the bondholder who presents bonds for redemption, under his depot account which is used for the registration of ownership rights to bonds as of 31.10.2007;
-copy of the report issued by the noncommercial partnership “National Depositary Center” as a depositary responsible for the general storage of bonds. The report should contain information on transactions with bonds which were presented for redemption under the depot account for securities blocking.
-in case the request has not been signed by the bondholder – document certifying the authorities of a person or entity which has signed such request on behalf of bondholder;
-notarized signature form of the entity which has signed the request on behalf of bondholder;
-documents certifying tax position of a non-resident creditor.
Request (statement) on advanced redemption of bonds should be submitted to the Company from 9am till 6.15pm on Monday-Thursday and from 9am till 5pm on Friday on any working day from the date when bondholder obtained a right to request the advanced redemption of bonds or by registered letter with notification to the address: 117393, 56, Profsoyuznaya st., 6 floor, Moscow, Russian Federation.
Within not more than 15 (fifteen) working days upon the receipt date the Company examines the documents.
After the completion of document examination the Company dispatched to the bondholder written notification on examination results: notification on the possibility to settle the demands of creditor – bondholder, or notification of denial with the explanation of reasons. The Company notifies the Non-commercial partnership “National Depositary Center” in case it refuses to settle demands for the advanced redemption. Such notification should contain specifying name, full name of owner – physical body, amount of bonds, Depositary name where the depot account was opened.
In case comments to the submitted documents (i.e. documents which were refused) can be eliminated, creditor – bondholder shall be entitled to dispatch to the Company respective package of documents which must be reexamined within 15 (fifteen) working days upon their receipt by the Company. Such package of documents should be dispatched within the validity period established for demands for advance redemption.
Company obligations on advanced redemption of bonds shall be deemed fulfilled on the date the respective funds are debited from the Company’s account.
In case the date of event falls on a nonworking day or nonworking day for payment transactions, the payment of funds shall be effected on the first working day after such nonworking day.