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#Current report 29/2011

 Subject:

The conclusion of a significant agreement by a subsidiary of the Issuer - Bioenergia Invest SA

 Legal basis:

Article 56 paragraph 1 item 2 of the Act on Public Offering - current and periodic information

 Contents of the report:

 The Management Board of POL-MOT Warfama SA announces that on September 9,2011 the subsidiary of the Issuer - Bioenergia Invest SA in Dobre Miasto (Supplier) signed with the company GDF SUEZ Bioenergia sp. z o.o. in Zawada (Buyer) the biomass supply agreement.

The subject of the above-mentioned contract is the supply by Bioenergia Invest SA agricultural biomass to the Buyer. Deliveredbiomass will fulfill all the requirements regulated in the law. The agreement was concluded for a fixed period from 1 January 2012 to 31 December 2020. Deliveries will be on terms and in the amounts determined in the Schedules of Supply agreed by the parties for each subsequent year of the contract.

  

The parties agreed that during the term of the contract, the agreement may be terminated only by mutual agreement of the parties, except in cases of gross breach of the contract by the other party, and after no removing the effects of violations for 30 days from the date of request for removal. In such situations, the other party may terminate the contract for 14 days' notice. In the case of the introduction of general applicable legislation, regardless of the intentions of the parties, which may change in the fundamental way the external conditions of the functioning of parties (making the performance of the contract to lose the economic and business reasons), then the parties will accede to renegotiate the terms of the agreement. Failure to reach agreement within 60 days from the date of the negotiations will give the right to terminate with immediate effect.

 

During the period of the contract, Bioenergia Invest SA sells to GDF SUEZ Bioenergia sp. z o.o. about 900 thousand tons of agricultural biomass. The failure to provide of biomass, determined in the Supply Schedule in a particular month, Bioenergia Invest SA will pay to a Buyer a contractual penalty in the amount calculated according to the formula agreed by the parties, which depends on the amount of undelivered biomass. Bioenergia Invest SA will not be responsible for failure to execute the missing amounts of biomass, if the missing amount will be delivered by an appropriately larger supply of biomass in the next two months, and the parties will confirm this in writing. For unclaimed biomass the Buyer will pay Bioenergia Invest SA penalty calculated by the formula analogous to the above, dependent on the number of unclaimed biomass. Buyer will not be responsible for unclaimed the biomass, if this amount will be compensate by higher receipts of biomass in the next two months, and the parties will confirm this in writing. By mutual agreement, the parties may waive the stipulated penalties.

Other terms are similar to those commonly used for contracts for the sale of biomass. Although theselling price of biomass has now been agreed by the parties only for the period from 1 January 2012 to 31 March 2013, and the indexing will be followed once a year (new prices will apply from 1 April for the next 12 months), the contract was considered significant due to the fact that on the conclusion of its total estimated value of more than 10% of the equity of the Issuer.

The legal basis:

Pursuant to § 5 section 1 point 3 in conjunction with § 9 of the Minister of Finance Regulation of 19 February 2009 on current and periodic reporting by issuers of securities and the rules of equal treatment of the information required by the laws of non-member states (Journal of Laws of 2009 No. 33, item 259, later amended).