Bank Sends Notice of Settlement Instructions to Claimants11.08.2010
Terms used in this press release and defined in the Information Memorandum of JSC BTA Bank (the “Bank”) dated 1 May 2010, as supplemented, are used in this press release as so defined.
Notice of Settlement Instructions sent to non-Euronoteholder Claimants
The Bank has today sent a notice of Settlement Instructions to Claimants (other than Euronoteholders) using the contact details set out in their Claim Form, or if applicable to any recognised transferee. Each notice of Settlement Instructions includes a summary of the relevant Claimant’s Entitlements which they will be required to complete and send directly to the Bank. Claimants are also required to send Electronic Instructions containing the information set out in the above-mentioned summary to Clearstream account number 11252. The completed summaries and Electronic Instructions shall constitute Claimants’ Settlement Instructions for the purposes of the Restructuring Plan.
Claimants must submit their completed summaries and Electronic Instructions by no later than 12.00pm (London) on 18 August 2010 (the “Settlement Instructions Deadline”).
The Bank currently expects the Distribution Date to be 26 August 2010.
The Bank will in due course publish the final Coefficients and allocations for each Restructuring Package.
Bank Creditor SPVs
Claimants who had elected to receive their entitlement to New Notes through a Bank Creditor SPV are hereby notified that the Minimum Face Value required for the establishment of Bank Creditor SPVs was not reached in respect of any of the relevant form of New Notes. Therefore no Bank Creditor SPVs will be established and any Claimants who had made such an election will receive their entitlements to New Notes directly from the Bank through the clearing systems. As set out in the press release of the Bank dated 23 June 2010, all Claimants were requested to ensure that they or an agent or custodian on their behalf has an account with Euroclear or Clearstream through which to receive their Entitlements. Any Claimants who have not made such arrangements are advised to do so prior to the Settlement Instructions Deadline so that they may submit valid Settlement Instructions.
Failure to submit Settlement Instructions
Claimants who fail to submit Settlement Instructions by the Settlement Instructions Deadline, or who submit incomplete or incorrect Settlement Instructions will not receive their Entitlements on the Distribution Date. However, Claimants are advised that they may still submit Settlement Instructions after the Settlement Instructions Deadline until the date being three years after the Distribution Date (the “Entitlement Termination Date”). After the Entitlement Termination Date such Claimant’s Entitlement will be extinguished and the cash, New Notes and Shares/GDRs forming such Entitlement will remain with the Bank to hold for its own account.
Notice to Euronoteholders
Euronoteholders who are not Accredited Investors, QIBs or non-U.S. persons are required to contact the Bank using the contact details below providing evidence satisfactory to the Bank of beneficial ownership as at the Distribution Date (which is expected to be 26 August 2010) and confirming their status. Such Euronoteholders are not required to take any action prior to the Distribution Date. In accordance with section 5.2.5 of the Restructuring Plan, following the Distribution Date the Bank shall sell or procure the sale of such Euronoteholders’ Entitlements to New Notes and Shares or GDRs and remit to them the Net Proceeds of Sale, together with their cash entitlements.
BTA Contact Details
Contact: Mr. Asset Zhaisanov
Tel: +7 727 3124671
Fax: + 7 727 2500224