Dosjan Temir Joly (DTJ) JSC (Kazakhstan) informed about amendments into government regulation of the Republic of Kazakhstan "About providing government guarantee..."
10.09.07 20:38
/KASE, September 10, 07/ - Dosjan Temir Joly (DTJ) JSC (Almaty), bonds
of which are traded under "A" category in the Kazakhstan Stock Exchange's
(KASE) official listing, had provided KASE with a press release of the
following content:
Beginning of citation
"About corrective actions and amendments into the Government
regulation of the Republic of Kazakhstan dated August 25 of 2005
number 785 "About providing guarantee of government within
concessive agreement on construction and exploitation of a new
railway line" - Shar-Ust-Kamenogorsk station".
Almaty city, September 5, 2007
Over the last years, the pace of development of Kazakhstani transportation
industry as the paces of development of other industries has considerably
accelerated. The high paces of economic development presuppose
construction of new and lucrative traffic roads to transport the passengers
and freight. Reduction of transportation time of freight and decrease in flow
of cargo in the region is one of the main factors while building new traffic
roads. Construction of the new railway - Shar-Ust-Kamenogorsk is a
realization of the idea of traffic roads development and a response on fast
growing economy of the country.
With the goal of implementation of the Decree of President of the Republic
of Kazakhstan "About further actions for realization of the Development
Strategy of Kazakhstan until 2030" dated December 4 of 2001 # 735, and
with a view to form and develop of the regional transport network of the
country, on January 18 of 2005, Government of the Republic of Kazakhstan
passed resolution # 21 - "About the measures to build new railway line,
Shar-Ust-Kamenogorsk Station". On July 6 of 2005, a Concessive
agreement between Dosjan Temir Joly (DTJ) JSC and Ministry of transport
and communication of the Republic of Kazakhstan has been signed on
behalf of Government, and, on August 27 of 2005, building and assembly
jobs had started.
At t\present, the project has been realized quite successfully. As of today,
80% of volume of work was done. At the present moment, about 95% of
materials and equipment needed during construction of the Object has been
purchased.
The specified project is pilot project that has been realized on the basis of
concessive agreement and financed at the expense of offering infrastructure
bonds. Since the beginning of project realization till now, infrastructure
bonds of the Company have been offered to the sum of KZT18,529,000 th.
Taking into account that project financing is being conducted a lot due to
bonds, the defense of bondholders' interests and provision of certain
guarantees are important terms for us.
With the aim of satisfying mutual interest of issuers and investors, we
conduct a thorough work of providing all the investors with favorable offering
conditions.
In particular, we would like to inform that as a result of team-work with
representatives of investors, a significant success has been achieved in
defending bondholders' interests. Particularly, on August 17 of 2007, the
Government of the Republic of Kazakhstan passed the resolution # 698 -
"On corrective actions and amendments into the Government regulation of
the Republic of Kazakhstan dated August 25 of 2005 number 875 "About
providing guarantee of government within concessive agreement on
construction and exploitation of a new railway line" - Shar-Ust-Kamenogorsk
station".
By the given resolution, the Government provides a guarantee for interest,
accrued on the offered bonds for the period of circulation of infrastructure
bonds that had been issued wile building the object of Concession. The
resolution's edition that used to be valid before had not provided the
bondholders with protection against risk on interest remuneration on of
infrastructure bonds in case of default of concessionaire during the
exploitation of the object, but had offered guarantees only for the period of
Object's construction.
Therefore, the bondholders' interests are protected for the whole period of
infrastructure bonds' circulation. Before the present resolution takes effect,
in the earlier edition, the term of demand of a refund to the guarantor had
been restricted with 30 days following the maturity date, after that, the
guarantee time was expired.
In order to offer a reasonable term for demand of a refund to the guarantor
who carries secondary liability with issuer of infrastructure bonds, the term of
demand of a refund to the guarantor was changed to 60 calendar days.
Moreover, the contract of guarantee used to stipulate that the representative
of bondholders has a right to raise a demand to a guarantor only in case of
issuer's refusal to satisfy or in case of his violation of capital commitments
on the day of redeeming plus 30 days from the maturity date.
In its turn, the opportunity of raising a demand by the representative of
bondholders on the maturity day or at the date of coupon payment is also an
additional factor of reduction of risk when investing in infrastructure bonds.
The accepted amendments increase the investment attractiveness of the
project and considerably improve the guarantee terms protecting the
investors' interests. That contributes to the successful realization of not only
Shar-Ust-Kamenogorsk, but also of all future concessive projects.
End of citation
[2007-09-10]