Appena ricevuto mail da OSA, la condivido:
Dear Sir or Madam,
Thank you for your support so far, Air Berlin plc (the "Company") has now invited to conduct a bondholder meeting for the EUR 225 million, 2011/2018, 8,250% bond (ISIN: DE000AB100B4 / WKN: AB100B) to have a common representative elected. This creditors’ meeting takes place on 22. November 2017 in Berlin, at 10:00 am (admission from 8:30 am), Room MOA 6, Mercure Hotel Moa Berlin, Stephanstraße 41, 10559 Berlin.
Please note that only this bond (EUR 225 million, 2011/2018, 8,250% ISIN: DE000AB100B4 / WKN: AB100B) will be named for the election of a common representative. If you are only a holder of one of the other Air Berlin bonds, you cannot participate in this meeting.
We, as One Square Advisory Services GmbH ("One Square"), candidate as common representative, pursuant to § 7 of the German Bond Act (SchVG 2009), for the bond (EUR 225 million, 2011/2018, 8.250% ISIN: DE000AB100B4 / WKN: AB100B). As such, we would represent the interests of the bond creditors in insolvency proceedings and, for example, take over the application of the claims from the bond to the insolvency table. We would also be the first point of contact for all bond issuers of the said bond with regards to the proceedings.
We would offer to assist you in exercising your right to vote and to be authorized to act on your behalf. This will support the election of a common representative, who’s function it is to represent the bondholders’ rights and interests in the insolvency proceedings. In addition to a signed power of attorney and copy of passport, a so-called deposit certificate together with a blocking certificate must also be furnished by the respective depositary bank. A template for this is also enclosed.
Representation at this creditor's meeting, which is carried out by legal attorneys, is free of charge for you. The remuneration of a common representative is also to be borne by the debtor, i.e. Air Berlin plc or its insolvency estate, pursuant to Section 7 (6) SchVG (Geman Bond Act). Please find enclosed the following:
- the decision of the District Court of Berlin on the organization of a creditors' meeting to elect a common representative for the EUR 225 million bond (for information purposes, in German only);
- a power of attorney template to be completed by you; and
- a form of confirmation of blocking notice signed and stamped by your depositary bank
We would require the documents, i.e. the
signed power of attorney and copy of passport in text form, pursuant Section 126b of the BGB, by fax (+49 89 15 989822) or as scan by email ([email protected]) as well as the
deposit proof with blocking note of your depository bank, as original document, following the District Court of Berlin-Charlottenburg’s announcement to only accept originals. The power of attorney as well as the copy of passport can also be sent by post. Please send the documents to the following address:
One Square Advisory Services GmbH
- Team Air Berlin -
Theatinerstrasse 36
80333 Munich
Germany
If you are working for a legal person who holds the bonds, you will also need a commercial register or similar foreign document of representation. If the commercial register is not in German, a certified translation with an apostille of proof of representation would be required. Please contact us, if you have any queries regarding the legal person and submission of documents.
In general, please do not hesitate to contact us for any questions you may have and thank for the return of the signed documents by 21. November 2017.
Thank you for your ongoing support.
Mit freundlichen Grüßen / Kind regards,
One Square Advisory Services GmbH
- Team AirBerlin -
Theatinerstrasse 36
80333 Munich
Germany
fax +49 89 15 989822
email
[email protected]
web
www.onesquareadvisors.com
