Countermotions
by Robus German Credit Special Situations Master Fund, L.P.,
c/o Ogier Fiduciary Services (Cayman) Ltd, Nexus Way No. 89, KY1-9007 Caymana Bay,
Cayman Islands
in relation to
the resolution subjects 1 and 3 proposed by 3W Power S.A. under Section A.
of the invitation to the creditors' meeting of the bondholders on 18 December
2013 for purposes of re-adopting resolutions regarding the 9,25% bearer bonds
2010/2015 ISIN: DE000A1A29T7 / WKN: A1A29T with a total volume of up to
EUR 125,000,000 (the "Bond") and published on the website of 3W Power S.A.
and in the Federal Gazette on 28 November 2013 ("Invitation to the Creditors'
Meeting")
By letter, received by 3W Power S.A. on 28 November 2013, Robus German Credit
Special Situations Master Fund, L.P., in its capacity as bondholder announced to file/filed
the following countermotions to the resolution subjects 1 and 3 proposed by 3W Power
S.A. under Section A. of the Invitation to the Creditors' Meeting:
Countermotion to resolution subject 1 of 3W Power S.A.:
"One Square Advisory Services GmbH, Munich, (commercial register of Local
Court Munich HRB 207387) will be appointed as Common Representative of all
Noteholders of the 9.25% Bond with a total volume of up to EUR 125,000,000
due on 1 December 2015 (ISIN: DE000A1A29T7 / WKN: A1A29T)."
Countermotion to resolution subject 3 of 3W Power S.A.:
"To the extent that insurance protection (third party liability) for the actions of the
Common Representative can be obtained, the Common Representative shall, to
the extent possible, agree with the Issuer, 3W Power S.A., on the Issuer bearing
any costs of such insurance protection and shall contract such insurance. To the
extent that no security protection can be obtained, the liability of the Common
Representative will, as far as legally possible, be excluded."
Luxemburg, in November 2013
3W Power S.A.
The Board of Directors
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