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. ---------------------------------------------------------------------------- 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 ---------------------------------------------------------------------------- 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]