Issue, circulation and maturity terms of eurobonds of KAZKOMMERTS INTERNATIONAL B.V. of the second issue
23.09.02 00:00
/IRBIS, September 23, 02/ - Following is the characteristics of the second
issue eurobonds of KAZKOMMERTS INTERNATIONAL B.V. published in
connection with their admittance into official list of securities of Kazakhstan
Stock Exchange (KASE) under category "A". The given data is based on
conclusion of listing commission of KASE and data presented to the
exchange by the issuer.
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Type of securities: Coupon notes
Servicing currency: US dollar (USD)
National identification number: XS0146008171
Issue volume in issue currency: 150,000,000.00
Circulation starting date (date of issue): May 8, 02
Circulation term: 5 years
Maturity date: May 8, 07
Interest rate: 10.125% APR
Date of interest rate payment: Nov 8 and May 8 of each year
Time basis at all settlements: 30/360
Term of register fixation at coupon payment: 15 days before payment date
Date of register fixation for coupon payment: Oct 23 and Apr 23 of each year
Term of register fixation at maturity: 15 days before maturity date
Date of register fixation at maturity: Apr 23 of 2007
Financial consultant: Kazkommerts Securities OJSC
(Almaty)
Date of including into KASE trade lists: Sep 23, 02
Date of first trades: Sep 23, 02
KASE trade code: KKGBe3
Accuracy of price changing during quotation: 4 decimal figures
Market-maker at KASE: Kazkommerts Securities OJSC
(Almaty)
Minimal volume of compulsory quotation: USD3,000
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Bonds were offered by Kazkommerts International B.V. (Rotterdam,
Netherlands, 100% of the authorized capital belong to
KAZKOMMERTSBANK OJSC) and guaranteed by KAZKOMMERTSBANK
OJSC (the guarantee has been included into the Register of the National
Bank of Kazakhstan on June 18 of 2002 under the number #8462).
Managers of the issue - ABN AMRO Bank N.V., Morgan Europe Limited,
Commerzbank Aktiengesellscaft, Raiffeisen Zentrabank Osterreich
Aktiengesellscaft, Unit Credit Banca Mobiliare S.p.A and Kazkommerts
Securities OJSC.
Trusty, payment agent, registrar, depositary - JPMorgan Chase Bank
(London, Great Britain) - protects interests of bondholders, receives all
payments on bonds from the issuer or guarantor (Bank) and distributes
sums, which are to be paid, makes payments on bonds and controls their
conformance, registers global bond and keeps books certificates given on
bonds. "Trust agreement" and "Agent agreement" with JPMorgan Chase
Bank were signed on May 8 of 2002.
Regulating legislation. Bonds and trust agreement are regulated in
accordance with English legislation.
Status of bonds. Bonds are direct, general, unconditional and unsecured
obligations of the issuer, which are ranked and will be ranked on equal basis
among themselves and, leastways, on equal basis have the right for
payment in comparison with other present of future insubordinate obligations
of the issuer, excluding obligations, which may be preferred in accordance
with applicable legislation.
Status of guarantee. The Guarantor (Bank) notes in the guarantee that it
undoubtedly and irrevocably guarantees proper and timely payment of all
sums, which are to be paid by the issuer relative to bonds and trust
agreement. Obligations of the guarantor, according to the guarantee, are
direct, general, unconditional and uncovered obligations of the guarantor,
which are ranked and will be ranked on equal basis among themselves and,
leastways, on equal basis have the right for payment in comparison with
other present of future insubordinate obligations of the issuer, excluding
obligations, which may be preferred in accordance with applicable legislation.
The guarantor assumes the obligation, which says that while any bond is
unredeemed, it will do nothing for liquidation or stoppage of the issuer's
activity and will assist him in constant possession of enough means for
satisfying of his obligations when the term of their redemption comes.
Solution of arguments concerning the issue. According to the trust
agreement the issuer and the guarantor agreed with the fact that any claim,
argument or disagreement, concerning the bonds, are to be solved by
presenting of written notification of the trusty to the issuer and/or the
guarantor by arbitration in accordance with the rules of UNO Commission on
international trade legislation. The place of arbitration conducting is Vienna
(Austria), tyhe legal procedure is to be conducted in English. Appointing body
- The President of Arbitrage of International trade chamber (Paris).
Payments. Payment of the main debt and the interest rate, which is to be
received on bonds on maturity date will be made by means of money
transfer to a bondholder' account, which is noted in the register of securities
holders. In case a bondholder has not such the registration account or the
main sum of bonds, which is in his possession, equals to less than
USD250,000, the payment will be made by cheque in US dollars, which will
be written for the bank in New York city and sent to the registered address of
the bondholder by an uninsured post sending on the bondholder's risk.
Interest payment (except recompense, which is to be paid during maturity),
will be made by cheque in US dollars, which will be written for the bank in
New York city and sent to the registered address of the bondholder (or the
first person, which is in the list of collective holders).
Register fixation for maturity and interest payment. A person (the first
person given in the fist of collective holders), which has been registered in
the register of securities holders fifteen days before the date of the
corresponding payment, has the right to receive interest rate and the main
debt concerning the bonds.
Taxation. According to the acting legislation of Kazakhstan all payments of
the main sums and interest rate on bonds to the persons, which are not
residents of the Republic of Kazakhstan, and also incomes, which are
received by them from usage, sale, exchange or transfer of bonds, are not
the subject of taxation in Kazakhstan. Interest payments by the Bank to the
issuer for financing of the issuer's obligations are the subject of taxation at
the source in Kazakhstan at the rate 10% in accordance with Kazakhstan-
Netherlands agreement about avoiding of double taxation.
Additional information on bonds. The bonds have passed listing at
Luxemburg stock exchange. The bonds have been admitted for circulation
on the territory of Kazakhstan by the permission of the National Bank of
Kazakhstan dated August 8 of 2002, #20114/5009.
- Purpose of borrowing. Means received by means of bonds floatation
will be given by the issuer as a loan for the Bank and will be used by the
Bank in order to grant loans to Kazakhstan juridical entities and for other
general corporate aims.
[2002-09-23]