Further Information for Claimants14.07.2010
This Press Release sets out certain amendments to the Restructuring Plan, notifies Claimants that the Tenge New Notes shall be governed by English law and that the U.S.$600,000,000 7.875 per cent. Notes due 2010 issued by TuranAlem Finance have been delisted from the Luxembourg Stock Exchange. In addition Claimants are notified that the New Notes will be cleared through Euroclear and Clearstream, Luxembourg.
Terms used in this press release and defined in the Information Memorandum of the Bank dated 1 May 2010, as supplemented, are used in this press release as so defined.
Amendments to the Restructuring Plan
Following consultation with the Steering Committee and pursuant to Clause 7.2(b) (Modifications of the Restructuring Plan) of the Restructuring Plan, JSC BTA Bank (the “Bank”) hereby amends the Restructuring Plan, effective as of the date hereof, to replace Clause 4.10 with the following:
“4.10 Assignments and Transfers
Claimants who have transferred Claims or who are intending to transfer Claims after the Claim Submission Date but prior to the submission of Settlement Instructions should:
(a) Submit to the Bank a request to recognise such transfer in the form of a duly completed transfer recognition request, (the “Transfer Recognition Request”), copies of which are available on the Banks website at www.bta.kz/en/investor Transfer Recognition Requests must be submitted with a copy of the Claim Form corresponding to the Claim which is the subject of the transfer and which was submitted to the Bank. Claimants must also submit the summary of their Claim Form (the “Claim Form Summary”) which they received from the Bank. Transfer Recognition Requests which are submitted without the Claim Form and Claim Form Summary, will be rejected and the Bank will not recognise the transfer. Appropriate evidence of any transfer should also be submitted to the Bank. The Bank will use all reasonable efforts to respond, by email, to requests to recognise transfers within five business days of receipt, stating whether it agrees to recognise such transfer.
(b) If the Bank agrees to recognise a transfer, it will register the details of any approved transferee. Following the date of such approval, future correspondence in relation to the Claim, including the notice of Settlement Instructions will be sent to such transferee. The Bank will accept Settlement Instructions from such transferee in respect of the corresponding Claim and provide the transferee’s details to the Distribution Agent.
(c) If the Bank does not agree to recognise a transfer of a Claim, the Bank will continue to address all correspondence in relation to such Claim, including the notice of Settlement Instructions, to the Claimant using the details provided in the Claim Form. In such cases, Settlement Instructions will only be accepted from the Claimant named in the Claim Form.
(d) The Bank will not recognise any transfers of Claims to customers of the Bank. Customers of the Bank trying to become a Restructuring Creditor will not be able to set off any Claim against any liability it may have to the Bank.
(e) The Bank will only recognise transfers which relate to the Total Claim, it will not recognise any transfers which are in respect of part of a Claim.
(f) The Bank reserves the right to request information from any new transferee and retains the discretion as to whether or not it recognises any such transfer.
(g) Any transfers of Claims will not affect the election of Entitlements as set out in the Claim Form.
(h) The Bank will not recognise any transfer of Claims made after Settlement Instructions in respect of Claims have been submitted.”
Contact Details of the Bank
Claimants wishing to file a Transfer Recognition Request should contact the Bank using the following email addresses:
Mr. Asset Zhaisanov - firstname.lastname@example.org
Ms. Dinara Adil - email@example.com
Pursuant to Clause 7.2 (b) (Modifications of the Restructuring Plan) of the Restructuring Plan, notice is hereby given to Claimants that the definition of “BV Deposit” is amended by the addition of the phrase “or any loans made to TuranAlem Finance” after the word “Euronotes”.
Correction to Information Memorandum
Notice is hereby given to Claimants that the definition of “Recovery Assets Opening Report” is amended by the addition of the phrase “Recovery Assets Auditor” in the second line thereof with “Bank, and subject to review by the Recovery Assets Auditor”.
Footnoted Items in the Information Memorandum
The following items, which were footnoted in the Information Memorandum, have now been resolved as follows:
- — — — — Footnote 5 (definition of Reference Rate) and footnote 16 (Annex 2 of Schedule 1) As agreed with the Steering Committee, Claims will be converted into U.S. Dollars for the purpose of the calculation of Entitlements.
- — — — — Footnote 38 (final paragraph of Schedule 11) Wording in square brackets has been agreed with the Steering Committee.
- — — — — Footnote 39 (paragraph (r) of Schedule 12) Contents of the certificate have been agreed with the Steering Committee.
Tenge New Notes
The FMSA’s regulations currently require Tenge denominated notes governed by Kazakhstan law to be repaid in one instalment at maturity and do not permit principal to be repaid in more than one instalment. This requirement does not apply to Tenge denominated notes governed by English law.
Claimants are therefore hereby notified that the Tenge New Notes will be governed by English law. As noted in the Information Memorandum, this results in a number of consequential amendments to the Information Memorandum, each of which have been drawn to Claimants’ attention by way of footnotes contained therein.
Claimants are also hereby notified that the Senior Tenge Notes will bear interest from 1 July 2010, regardless of their date of issue) until 1 January 2013 at the rate of 14.75%, and 16.50% thereafter. The terms and conditions of all the Tenge New Notes, other than as expressly varied by this press release, will be as set out in the Information Memorandum.
TuranAlem Finance - U.S.$600,000,000 7.875 per cent. Notes due 2010 (the “Notes”)
The above Notes issued by TuranAlem Finance were delisted from the Luxembourg Stock Exchange on 2 June 2010 on the basis that the maturity date for these Notes has passed and they are therefore no longer eligible for trading on the regulated market of the Luxembourg Stock Exchange.
Clearing of the New Notes
Claimants are hereby notified that the Bank has designated Euroclear and Clearstream, Luxembourg as “Designated Clearing Systems” for the purposes of clearing the New Notes. New Notes will not be made eligible for clearing in DTC’s system and therefore Claimants (including Euronoteholders) or their Direct Participants must have an account with a Designated Clearing System in order to receive New Notes. Claimants who do not currently hold an account with a Designated Clearing System are advised to make the necessary arrangements to ensure they can receive New Notes through a Designated Clearing System.