Very strong support of Atos SE’ shareholders and financial
creditors meeting as classes of affected parties vote on the draft
accelerated safeguard plan
Press release
Very strong
support of Atos SE’ shareholders and financial creditors meeting as
classes of affected parties vote on the draft accelerated safeguard
plan
Favorable vote
of all classes of affected parties of the draft accelerated
safeguard plan
As planned, the
draft accelerated safeguard plan will be presented to the
commercial court on October 15, 2024
Paris, France
– September 27, 2024 – Atos SE (“Atos” or
the “Company”) announces today that Atos’
shareholders and financial creditors, meeting as classes of
affected parties, have strongly supported the proposed draft
accelerated safeguard plan (the “Draft Plan”) and
that all of the three classes of affected parties have voted in
favor of the Draft Plan by the required majority (more than 2/3 of
the votes cast).
Maître Hélène Bourbouloux and Maître Thibaut
Martinat, in their capacity as judicial administrators of Atos,
have transmitted to Atos the results of the vote of all classes of
affected parties on Atos’ Draft Plan, which are set out in the
Schedule 1 to this press release, and are as follows:
-
the class of financial unsecured claims n°1 voted in favor of the
Draft Plan by 100.00% of the votes cast;
-
the class of financial unsecured claims n°2 voted in favor of the
Draft Plan by 97.64% of the votes cast;
-
the class of shareholders voted in favor of the Draft Plan by
75.03% of the votes cast.
Next
steps
Pursuant to the provisions of article L. 626-31
of the French Code de commerce, the Company will apply to
the specialized Commercial Court of Nanterre (the
“Court”) for approval of the Draft Plan.
The hearing is intended to take place on October
15, 2024 and the judgment ruling on the Draft Plan can be expected
by the end of October 2024.
If the Court considers that the legal conditions
are met and approves the Draft Plan, it will be enforceable against
all parties, including any affected party having voted against it.
This will allow Atos to implement its financial restructuring as
planned, in accordance with its corporate interest.
The transactions provided under the Draft Plan are expected to be
executed from November 2024 until December 2024/January
20251 and to lead to, in particular:
-
the equitization of €2.9 billion of debt; and
-
the receipt of €1.5 to €1.675 billion of new money debt and the new
money equity resulting from the rights issue (up to €233 million)
already backstopped in cash by participating bondholders for €75
million and by the creditors participating in the new financings by
set off against a portion of their debts for €100 million, as
previously communicated and, as the case may be, from the potential
voluntary subscription in cash by the participating creditors of up
to €75 million as part of the Potential Capital Increase as
provided in the Draft Plan.
The main characteristics of the share capital
transactions to be implemented as part of the Draft Plan are
described in the document entitled “Main terms and conditions
of the share capital transactions carried out as part of the
Company’s financial restructuring plan” (Principales
modalités des opérations sur le capital mises en œuvre dans le
cadre du plan de restructuration financière de la Société)
published on the Company’s website (section “Financial
Restructuring”) on September 6, 2024 and updated on September 16,
2024. These share capital transactions will be covered by
prospectus submitted to the Autorité des Marchés
Financiers (AMF) for approval.
The Company will continue to inform the market
in due course of the next steps of its financial restructuring.
*
Schedule 1:
Result of the vote of the classes of affected parties on the draft
accelerated safeguard plan
Class n°1 –
Class of financial unsecured claims n°1
Results of votes
expressed
Voting Rights |
Total votes expressed |
For |
Against |
296,250,000.00
euros |
286,400,125.00
euros |
96.68% |
286,400,125.00
euros |
100.00% |
0
euro |
0.00% |
Class n°2 –
Class of financial unsecured claims n°2
Results of votes
expressed
Voting Rights |
Total votes expressed |
For |
Against |
5,055,413,062.24
euros |
3,253,479,240.67
euros |
64.36% |
3,176,553,571.41
euros |
97.64% |
76,925,669.26
euros |
2.36% |
Class n°3 –
Class of shareholders
Results of votes
expressed
Number of shares making up the
capital: 112,136,778
Votes validly expressed |
For |
% |
Against |
% |
4,938,475 |
75.03 |
1,643,436 |
24.97 |
Disclaimer
This document contains
forward-looking statements that involve risks and uncertainties,
including references, concerning the Group’s expected growth and
profitability in the future which may significantly impact the
expected performance indicated in the forward-looking statements.
These risks and uncertainties are linked to factors out of the
control of the Company and not precisely estimated, such as market
conditions or competitors’ behaviors. Any forward-looking
statements made in this document are statements about Atos’s
beliefs and expectations and should be evaluated as such.
Forward-looking statements include statements that may relate to
Atos’s plans, objectives, strategies, goals, future events, future
revenues or synergies, or performance, and other information that
is not historical information. Actual events or results may differ
from those described in this document due to a number of risks and
uncertainties that are described within the 2023 Universal
Registration Document filed with the Autorité des Marchés
Financiers (AMF) on May 24, 2024 under the registration number
D.24-0429 and in the June 30, 2024 half-year financial report
published by Atos SE on August 5, 2024. Atos does not undertake,
and specifically disclaims, any obligation or responsibility to
update or amend any of the information above except as otherwise
required by law.
This document does not contain or constitute an offer of Atos’s
shares for sale or an invitation or inducement to invest in Atos’s
shares in France, the United States of America or any other
jurisdiction. This document includes information on specific
transactions that shall be considered as projects only. In
particular, any decision relating to the information or projects
mentioned in this document and their terms and conditions will only
be made after the ongoing in-depth analysis considering tax, legal,
operational, finance, HR and all other relevant aspects have been
completed and will be subject to general market conditions and
other customary conditions, including governance bodies and
shareholders’ approval as well as appropriate processes with the
relevant employee representative bodies in accordance with
applicable laws .
About
Atos
Atos is a global
leader in digital transformation with c. 92,000 employees and
annual revenue of c. € 10 billion. European number one in
cybersecurity, cloud and high-performance computing, the Group
provides tailored end-to-end solutions for all industries in 69
countries. A pioneer in decarbonization services and products, Atos
is committed to a secure and decarbonized digital for its clients.
Atos is a SE (Societas Europaea), and listed on Euronext
Paris.
The purpose of
Atos is to help design the future of the information space.
Its expertise and services support the development of knowledge,
education and research in a multicultural approach and contribute
to the development of scientific and technological excellence.
Across the world, the Group enables its customers and employees,
and members of societies at large to live, work and develop
sustainably, in a safe and secure information space.
Contacts
Investor relations:
David Pierre-Kahn | investors@atos.net | +33 6 28 51 45 96
Individual
shareholders: 0805 65 00 75
Press contact: globalprteam@atos.net
1 Subject to the required regulatory approvals.
- PR - Atos - Very strong support of shareholders and financial
creditors on the draft accelerated safeguard plan - 27 September
2024
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