The Note holders voting
AS Moda Kapitals (the Issuer) initiates procedure to amend the notes issue terms using the rights prescribed in 6.6 section of the terms of the notes issue, to specify opinion of the Note holders about increasing equity of the Issuer, in accordance with article 6.5. of the notes issue terms.
The notes issue 6.5 section terms: “Early redemption” determines a right of Note holders to demand early redemption of the notes in case if according to the issuer’s audited annual starting from the year 2020 the balance sheet reports equity less 100000 EUR and if during 30 (thirty) day period after the audited annual report shareholders do not increase it to at least 150000 EUR.
The Issuer invites all Note holders to participate in the voting to indicate the Note holder opinion about the notes issue 6.5. section terms and gives its permission to the Issuer not to increase the equity to EUR 150.000,00 and to continue operations even if the issuer's equity at the 31.12.2020. will be less then EUR 100.000,00.
According to the terms of the notes issue Note holders have to submit to the issuer signed voting form until 3rd May 2021 by submitting it in person or by sending a registered letter to the Issuer’s office address: Ganību dambis 40A-34, Rīga, LV 1005.
The record date of the list of Note holders who have the right to vote is fixed on 26th April 2021.
Amendments come into force if Note holders who own at least 2/3 (two thirds) of the outstanding notes (not counting the notes owned by the issuer and/or its related parties (subsidiaries, shareholders, members of the supervisory council and the management board or employees) have voted in support of the offered amendments. The notes owned by the issuer and/or its related parties (subsidiaries, shareholders, members of the supervisory council and the management board or employees) may not be used to participate in the voting procedure.
The issuer will count received votes and announce voting results to the Note holders within one business day after the end of voting form submission deadline by making a relevant announcement.
Attached is a voting form.
Member of the Board JSC Moda kapitāls