OSX BRASIL S.A. Rio de Janeiro, January 29th, 2016 - OSX Brasil S.A. - Em Recuperação Judicial ("OSX" or "Company") (BM&FBovespa: OSXB3), in accordance with article 157, paragraph 4 of Brazilian Law No. 6.404/76 and CVM Rule No. 358/02, announces to its shareholders and the market that, OSX Construção Naval S.A. - Em Recuperação Judicial ("OSX CN", together with the Company, the "Companies"), pursuant to the "Private Deed of the 1st (first) Issuance of Simple Debentures, non- convertible into shares, secured with Additional Personal Guarantee, of 8 (eight) series, by OSX Construção Naval S.A. - Em Recuperação Judicial", signed on December 18th, 2015 and amended on January 14th, 2016, between OSX CN, Oliveira Trust Distribuidora de Títulos e Valores Mobiliários S.A., as the trustee, and the Company, as guarantor ("Deed Issuance") and in compliance to the Companies' Judicial Reorganization Plan, approved on December 17th, 2014, by the Creditor's General Meeting of the Judicial Reorganization and by the respective Bankruptcy Court on December 19th, 2014, ("Judicial Reorganization Plan"), completed the first issuance of simple debentures in 8 (eight) series, in the total aggregate amount of R$ 1.827.721.000,00 (one billion, eight hundred and twenty seven million, seven hundred and twenty one thousand reais) ("Debentures"), of which (i) R$ 30.898.000,00 (thirty million, eight hundred and ninety eight thousand reais) correspondent to new resources provided by the pre-petition creditors and/or other creditors included in the Judicial Reorganization Plan that were interested on funding the Companies, and (ii) R$ 1.796.823.000,00 (one billion, seven hundred and ninety six million, eight hundred and twenty three thousand reais) correspondent to the pre-petition credits and/or other credits novated by creditors who participated in the Companies' financing.
The funds raised through the Debentures are destined to (i) pay expenses related to the Judicial Reorganization, operational and administrative expenses of OSX CN activities in accordance to the Judicial Reorganization Plan, and (ii) restructuring of
OSX CN debt among those lenders which financially subscribed the Debentures by novating their respective pre-petition and post-petition credits.
The Settlement of the Debentures is the conclusion of an essential step in the reorganization of the Companies whitin the Judicial Reorganization Plan. The Company will keep its shareholders and the market informed on any further development of the negotiations and relevant events related to the Judicial Reorganization process.
LEGAL NOTICE
This document contains Company-related statements and information that reflect the current vision and/or expectations the Company and its management have regarding its business plan. These include, among others, all forward-looking statements that involve forecasts and projections, indicate or imply results, performance or future achievements, and may contain words such as "believe," "foresee," "expect," "consider," "is likely to result in" or other words or expressions of similar meaning. Such statements are subject to a series of expressive risks, uncertainty and premises. Please be advised that several important factors can cause the actual results to diverge materially from the plans, objectives, expectations, estimations, and intentions expressed in this document. In no event shall the Company or the members of its board, directors, assigns or employees be liable to any third party (including investors) for investment decisions or acts or business carried out based on the information and statements that appear in this presentation, or for indirect damage, lost profit or related issues. The Company does not intend to provide to potential shareholders with a revision of the statements or an analysis of the differences between the statements and the actual results. Each investor must conduct and rely on its own evaluation, including of the associated risks, in making an investment decision.
This material fact notice is not an offer of securities for sale in the United States. Securities may not be offered or sold in the United States absent registration or an exemption from registration. Any public offering of securities to be made in the United States will be made by means of a prospectus that may be obtained from the issuer or the selling security holder and that will contain detailed information about the company and management, as well as financial statements.
Contact Mauro Abreu ri@osx.com.br
+55 21 3237 5292
OSX Brasil SA issued this content on 29 January 2016 and is solely responsible for the information contained herein. Distributed by Public, unedited and unaltered, on 29 January 2016 23:34:14 UTC
Original Document: http://www.mzweb.com.br/osx/web/download_arquivos.asp?id_arquivo=DF54F5D3-8311-4250-92CC-7FDC4E8727E4
