/RESTATED/ Batys tranzit disputes the opinion of the Ministry of Finance of the Republic of Kazakhstan on its infrastructural bonds

12.11.08 20:26
/KASE, November 12, 08, recent due to the text changing by the issuer/ - Batys tranzit (Almaty), the listed company of Kazakhstan Stock Exchange (KASE), provided to KASE the copy of official letter of November 10, 2008 # 834 concerning the placement of its infrastructural bonds KZ2CKY13B996 (KASE official list, the second subcategory of "Non-rated Debt Securities" category, BTTRb1; KZT100, KZT18,830.0 m.; March 30, 06 - March 30, 19, the annual coupon indexed on the inflation rate, 19.20 % APR for the current period, 30/360), issued within the concession project on construction of inter-regional electricity lines "North Kazakhstan - Aktobe Region". According to the above mentioned letter the bond loan size, fixed in the bonds issue prospectus, has been calculated based on the basic debt size KZT15,692,710,000 and the assumed interest on bonds for 2.5 years (planned construction period) based on the rate of 8 % APR. However, during the concession project implementation the budget cost of the construction increased from KZT15,692,710,000 to KZT19,898,603,000 (with no account of the need in the coupon interest payment), which is confirmed by the government expertise conclusion of March 19, 2007 # 2-115/07 and Order of the Construction Committee on approval of the project plan of May 15, 2008 # 196-PIP. Concerning the need in bringing the bonds issue prospectus in line with the Concession Agreement of January 9, 2006 # 2DP002 Batys tranzit informed the following: Quotation start Previously the Company did not receive requests of the Ministry of Finance on making changes into the bonds issue prospectus. At that we think there is a need in including changes into the Contract of Guarantee in order to avoid double meaning of standards of Concession Agreement, Contract of Guarantee and bonds issue prospectus. Thus, the issue of government guarantee is stipulated by the Concession Agreement. In compliance with sub-item 5) of item 2 Appendix to the Concession Agreement, the amount of guarantee on infrastructural bond loan complies with the construction project cost, which is formed from actual initial investment costs of the concessionaire to the moment of the government registration of the project property right, which today exceed KZT18 bn. Due to this we consider necessary to sign the additional agreement to the Contract of Guarantee # 2DP002 of January 9, 2006 with indication of the subsidiary responsibility amount for the Issuer obligations fulfillment either in the amount appropriate to the being transferred to the government construction project or in the amount, provided by the bonds issue prospectus of Batys tranzit. Quotation end We remind that the Ministry of Finance of the Republic of Kazakhstan provided to Kazakhstan Stock Exchange (KASE) the copy of letter of October 28, 2008 # DG3-3/11082, addressed to the Agency of the Republic of Kazakhstan on Regulation and Supervision of Financial Market and Financial Organizations, where expressed its opinion on the need in prohibition of further infrastructural bonds issue of Batys tranzit. References to documents on his topic: - the letter of Batys tranzit of November 10, 2008 # 834 - http://www.kase.kz/files/emitters/BTTR/bttr_101108.pdf - KASE news of November 5, 2008 "The Ministry of Finance of the Republic of Kazakhstan believes it is necessary to prohibit further issue of Batys tranzit infrastructural bonds" - http://www.kase.kz/ru/news/show/1059720 - the letter of the Ministry of Finance of the Republic of Kazakhstan of October 28, 2008а # DG3-3/11082 - http://www.kase.kz/files/emitters/BTTR/bttr_minfin_281008.pdf - resolution of the Government of the Republic of Kazakhstan "On Introduction of Changes and Additions into the Contract of Guarantee within the Concession Agreement on Construction and Exploitation of Inter-regional Electricity Line "North Kazakhstan - Aktobe Region"" of March 18, 2008 # 264 - http://www.kase.kz/files/emitters/BTTR/bttr_post_180308.pdf - Contract of Guarantee of January 9, 2006 # 2DP002, signed between the Ministry of Finance on behalf of the Government of the Republic of Kazakhstan and ATFBank" - http://www.kase.kz/files/emitters/BTTR/bttr_090106_agr.pdf [2008-11-12]