Minister of Treasury, ul. Krucza 36/Wspólna 6, postal code: 00-522 Warszawa, acting on behalf of the Treasury, pursuant to Article 33 (1) (3) of the Commercialisation and Privatisation Act of 30 August 1996 (Journal of Laws of 2002 No. 171 item 1397, as amended), hereinafter referred to as the “Act”, and the Resolution of the Council of Ministers of 17 February 2009 on the Detailed Procedure of Disposal of Treasury-owned Shares (Journal of Laws No. 34 item 264, as amended) extends to all interested parties an invitation tonegotiations for the purchase by one buyer of 51,000 (say: fifty-one thousand) shares owned by the Treasury, with a nominal value of PLN 50.00 (say: fifty) each, constituting 85% of the share capital of Przedsiębiorstwo Komunikacji Samochodowej w Lublińcu Spółka z ograniczoną odpowiedzialnością with registered office in Lubliniec at ul. K. i W. Niegolewskich 5, 42-700 Lubliniec, hereinafter referred to as the “Company”.

 

Pursuant to Article 36 of the Act, eligible employees are entitled to acquire, free of charge, up to 15% of the shares that were acquired by the Treasury on the day when the Company was entered in the register. The Minister Of Treasury envisages that the shares that are not acquired by the eligible employees may be alienated to the Investor selected as a result of these negotiations in the event that the right of such eligible employees to acquire these shares free of charge expires.

 

The core objects of the company are: land urban and suburban transport, other land passenger transport, road transportation of goods, services supporting land transport.

 

All interested parties who come to the Ministry of Treasury from Monday to Friday, between 12.00 noon and 3.00 PM, from 11 January 2010 to the day directly preceding the deadline for submitting written answers to the public invitation to negotiations concerning the purchase of the Company’s shares, and produce a transcript from the Register of Entrepreneurs from the National Court Register or the certificate of entry in the register of business activity, reflecting the current standing of the entity (issued not earlier than three months prior to the date of submission), and in the event that the interested party is a natural person who is not an entrepreneur – produce the ID card will receive, for a fee, the “Company Memorandum” containing the information on the Company’s legal, financial and economic standing and the structure of responses to the public invitation of negotiations (the Company Memorandum) upon signing of the “Confidentiality Obligation” document by the Potential Investor or a person acting on its behalf. The fee for the Memorandum is PLN 100.00 (say: one hundred), and it is payable at the cashier’s desk, room 372, Division of General Accountancy and Reporting of the Department of Budget and Finances of the Ministry of Treasury from 12.00 noon to 2.00 PM or to the account of the Ministry of Treasury no. 83 1130 1017 0019 9426 2520 0008, maintained in Bank Gospodarstwa Krajowego, Branch No. 1 in Warsaw.

The person responsible for accepting the responses is Ms. Marta Kulik-Zawadzka, room 463, phone: 0-22 695-87-26, fax. 0-22 629 80 97.

The subject of negotiations shall be in particular the price of shares, investment commitments, environmental commitments as well as commitments concerning the protection of interests of employees and other persons related to the Company and the manner of securing that these commitments are executed.

The deadline for submitting written responses to the public invitation to negotiations for the purchase of shares in the Company by the Potential Investors who have collected the Company Memorandum shall be 2 February 2010, 3.00 PM Warsaw Time.

 

Potential Investors’ responses should be made in the Polish language. They should be submitted in two copies, in a sealed envelope, to the Ministry of Treasury, 00-522 Warszawa, ul. Krucza 36/Wspólna 6, to the front office of the Department of Ownership Supervision and Privatisation I, room 477, phone: (022) 695-87-92, fax: (022) 629-80-97.

On the envelope should be placed the details identifying the Potential Investor as well as the respective inscription: “Response to the public invitation of negotiations for the purchase of shares of Przedsiębiorstwo Komunikacji Samochodowej w Lublińcu Sp. z o.o. – Do not open”.

 

Only the responses submitted by those Potential Investors who have signed the “Confidentiality Obligation” and collected the “Company Memorandum” will be taken into consideration.

The Minister of Treasury reserves the right to request additional clarifications from potential investors, who submitted responses to the public invitation to negotiations.

The Minister of Treasury will inform each of the Potential Investors who submitted responses to the public invitation for negotiations in writing of the result of examination of these responses by 23 February 2010.

 

The Minister of Treasury reserves the right to select one or several Potential Investors, with whom the negotiations shall be conducted; change the procedure and schedule of negotiations; terminate negotiations without giving reasons; extend the deadline for filing responses to the public invitation for negotiations and the date for informing potential investors of the result of examination of such responses.