KDPW STATEMENT CONCERNING THE CONCLUSION OF AN AGREEMENT WITH THE COMPANY FOR REGISTRATION OF RIGHTS TO SHARES (PDA)

The Management Board of the company under the name Polenergia S.A. (“Company”) informs that on October 25, 2023, the National Depository for Securities Krajowy Depozyt Papierów Wartościowych S.A. (“KDPW”) issued declaration No. 998/2023 regarding the conclusion of an agreement with the Company for registration in the depository operated by KDPW (“Deposit”) of 10,416,667 (in words: ten million four hundred and sixteen thousand six hundred and sixty-seven) rights to series AB ordinary bearer shares of the Company (“PDA”) and marking them with the code ISIN PLPLSEP00153 (“Declaration”).

According to the Declaration: (i) the condition for registering the PDA in the Depository is the admission of the PDA to trading on the regulated market; and (ii) registration of the PDA in the Depository will take place within 3 days from the receipt by KDPW of the decision on the admission of the PDA to trading on the regulated market.

The full text of the Declaration is attached to this report.

Legal Disclaimer:

This current report and the information contained therein are for informational purposes only and cannot constitute the basis for making a decision to invest in the Company’s shares, and therefore do not constitute and should not be interpreted as an offer, solicitation or invitation to sell or issue, or an offer, an attempt to solicit or an invitation to underwrite, purchase or otherwise acquire the Company’s securities or an encouragement/recommendation to undertake investment activities.

The Company’s Prospectus approved by the Polish Financial Supervision Authority on September 11, 2023, together with all published supplements and updates to the Prospectus, is the only legally binding document containing information about the Company and the public offering of series AB ordinary bearer shares of the Company. The prospectus was made available to the public on September 11, 2023 in electronic form on the Company’s website (https://www.polenergia.pl/dla-inwestorow/oferta-publiczna-akcji/oferta-publiczna-akcji-2023/) and, for informational purposes only, on the website of the investment company acting as an intermediary in the Offer (Santander Bank Polska S.A. – Santander Biuro Maklerskie).

This current report and the information contained herein are not intended for publication, announcement or dissemination, directly or indirectly, in or into the United States of America or any other country where public dissemination of the information contained herein may be restricted or prohibited by law.

The securities referred to in this material have not been and will not be registered under the United States Securities Act of 1933, as amended, and may not be offered or sold in the United States of America except in transactions not subject to the registration requirements of the U.S. Securities Act, or pursuant to an exception to the registration requirements of the U.S. Securities Act.

Legal grounds: § 17 section 1 point 1 of the Regulation of the Minister of Finance of March 29, 2018 on current and periodic information submitted by issuers of securities and the conditions for recognizing as equivalent information required by the laws of a non-member state.