10/2009

10/2009
Completion of the Public Offering of Series C Shares

Current Report 10/2009


Date of preparation: July 1, 2009

Subject: Completion of the Public Offering of Series C Shares

General legal basis: Article 56.1.2 of the Act on Public Offering – current and periodic information

Content:

The Management Board of Lubelski Węgiel Bogdanka S.A. hereby provides information on the completed subscription of Series C Shares.

1. Subscription start and completion dates

− Opening of the subscription: June 1, 2009
− Subscriptions for Individual Investors and Employee Investors were accepted between June 1 and June 5, 2009.
− Subscriptions for Institutional Investors were accepted between June 8 and June 10, 2009.
− Subscriptions for Institutional Investors at the invitation of the Management Board were accepted between June 12 and June 18, 2009.
− Closing of the subscription: June 18, 2009

2. Date of allocation

− The allocation date for all investors was June 19, 2009.

3. The number of shares subscribed for

− Individual Investors: 1,670,000 Series C Shares;
− Institutional Investors: 9,000,000 Series C Shares;
− Employee Investors: 330,000 Series C Shares

4. Reduction rates of subscriptions in particular investment tranches

− Individual Investors: 88.75%
− Institutional Investors: the shares were allocated according to placed subscriptions;
− Employee Investors: 2.99% (the reduction rate in the part exceeding the guaranteed allocation - pursuant to the provision of item 20.2.7 of the Issue Prospectus, p. 203-204).


5. The number of shares subscribed for in particular investment tranches:

− Individual Investors: 14,849,746 Series C Shares;
− Institutional Investors: 9.000.000 Series C Shares;
− Employee Investors: 335,480 Series C Shares.

6. The number of shares allocated in particular investment tranches:

− Individual Investors: 1,670,000 Series C Shares;
− Institutional Investors: 9.000.000 Series C Shares;
− Employee Investors: 330,000 Series C Shares.

7. Issue Price

− The issue price of Series C Shares amounted to PLN 48.00.

8. The number of persons who validly subscribed for the shares in particular investment tranches:

− Individual Investors: 7,828
− Institutional Investors: 417
− Employee Investors: 1,740

9. The number of persons who were allocated shares in particular investment tranches:

− Individual Investors: 7,828
− Institutional Investors: 417
− Employee Investors: 1,740

10. Names of underwriters who took up shares, the number of shares taken up and the actual price per share after deducting the underwriter’s fee:

− Under the standby underwriting agreement concluded on June 1, 2009, BRE Bank S.A. acted in the capacity of a standby underwriter. Due to the fact that during the subscription period all offered Series C Shares were taken up and paid for by the investors, the standby underwriter did not take up any Series C Shares inperformance of the concluded standby underwriting agreement. The Issuer did not sign a bought-deal underwriting agreement.

11. Value of the Public Offering

− The Public Offering’s value was PLN 528 million.



12. The costs which were included in the costs of issue and the specification of costs by their types along with the manner of settling the costs in the accounting books as well as the manner of disclosing the costs the financial statements:

− The total gross cost of issue amounted to PLN 7,072,329.13, including:
− costs of preparation and conducting the offering: PLN 4,834,424.51;
− Underwriters’ fees: PLN 200,000.00;
− preparation of the Issue Prospectus, including consulting and advisory costs: PLN 1,752,419.00;
− promotion of the offering: PLN 285,485.62.

The costs of issue incurred by the Company will decrease the supplementary capital made of the share premium.


13. Average cost of conducting subscription per one Series C Share subscribed for:PLN 0.643.


Legal basis for submitting the report: Article 33.1 of the Regulation of the Minister of Finance on the Stock Exchange