Sale of claims

Invitation to submit an Expression of Interest


HETA Asset Resolution Hrvatska, društvo za financiranje d.o.o. (“HETA HR”), having its seat at Slavonska avenija 6a, HR-10000 Zagreb, intends to sell its unsecured claims (“HETA HR Claims”) towards a debtor in the amount of up to EUR 4,833,252.66 (status as on August 28, 2020) which are mostly overdue (the “Transaction”).


The Transaction will be conducted in an open, non-discriminatory and transparent sale process (“Sale Process”) and is anticipated to commence during September, 2020.


Interested parties (natural persons, legal entities or consortia) (each an “Interested Party”) are hereby invited to submit their expressions of interest to participate in the Transaction (each an “Expression of Interest”). Expression of Interest should at least contain the following:
 

  1. Name, address and short description of the Interested Party (or of each consortium member in case of a consortium), including its (or their) ultimate beneficial owner(s), and contact details of the person(s) who can be contacted in case of queries.
  2. Names and contact details of any advisors engaged to represent or advise the Interested Party in respect to the Transaction.
  3. Rationale for the Transaction.
  4. Confirmation that the Interested Party is acting as principal for its own account or, in case of agents or brokers submitting an Expression of Interest on behalf of an Interested Party, submission of written and adequate proof of the power of such agent or broker to act on behalf of the Interested Party.


Interested Parties are required to submit their written and signed Expressions of Interest in English, titled “Expression of Interest for the Participation in the Transaction regards the Overdue Claims”, until  October 15, 2020, electronically per e-mail to (followed by a hard copy of the Expression of Interest promptly thereafter) to the following addresses:

(e) davor.stampalija@heta-asset-resolution.hr

(a) HETA ASSET RESOLUTION HRVATSKA d.o.o.
Slavonska avenija 6a
10000 Zagreb
Croatia
Attn. Mr Davor Štampalija


After the receipt and evaluation of the Expressions of Interest, HETA HR may choose (at its sole discretion) to invite Interested Parties to take part in the Sale Process and receive further information regarding the HETA HR Claims and the Transaction, subject to the execution of a non-disclosure agreement provided by HETA HR.


HETA expressly reserves the unlimited right, at its sole discretion and at any time and in any respect, without giving any reason or notification, to terminate or withdraw from the Sale Process or the Transaction, to extend the above stated deadline for the submission of Expressions of Interest, amend the time limits or other terms of Sale Process or the Transaction, amend the Transaction as a whole or in part, or modify the Transaction structure or change any aspect thereof.


While HETA HR will at all times aim to comply with the principles of an open, transparent and non-discriminatory Sales Process, no Interested Party will have any claim for any damages or compensation for loss, costs and other expenditure incurred by it in connection with the Sales Process for any reasons and under any circumstances whatsoever, even if the Sales Process is terminated, modified or suspended by HETA HR.


Any costs (including without limitation legal, tax, financial, technical, etc.) incurred by an Interested Party, associated with the due diligence conducted by an Interested Party, negotiation of the Transaction, drafting of any documents, travel expenses or any other costs incurred in any way, directly or indirectly, related to the Sale Process or the Transaction are to be borne by such Interested Party and will in no case be reimbursed or indemnified by HETA HR.


This invitation is neither a commitment nor an obligation by HETA HR to consider or conclude any transaction with any Interested Party.


Neither HETA HR nor any of its affiliates, directors, officers, employees, advisers or agents (together: the “Related Parties”) accept any liability whatsoever to any person nor make any representation or warranty with respect to the information provided hereunder and expressly disclaim any and all liability for representations and warranties made or deemed to be made or statements contained in this invitation.


By submitting an Expression of Interest and participating in the Sale Process, each Interested Party explicitly waives any right to claim damages based on culpa in contrahendo (or on any similar legal grounds) in connection with the Sale Process or the evaluation of the Transaction.


Legal Notices: Neither this notice nor the release of any confidential information to an Interested Party constitutes, or may be used for, any offer to sell or a solicitation of an offer to subscribe for or purchase any securities by any person in any jurisdiction or under any circumstance where it is unlawful to make such an offer or solicitation. The distribution of this invitation in certain jurisdictions may be restricted by law, and recipients should inform themselves about, and observe any applicable legal or regulatory requirements in relation to, the distribution or possession of this invitation. Neither HETA HR nor any of the Related Parties accept any liability to any person in relation to the distribution or possession of this invitation in any jurisdiction. By submitting an Expression of Interest an Interested Party confirms that it is a person able to receive the information provided to it (or which may be provided to it in any subsequent phase) without contravention of any unfulfilled registration requirements or other applicable legal or regulatory restrictions in the jurisdictions in which it resides or conducts business.


If an Interested Party will have any questions in connection with this invitation, it should refer them only to Mr Davor Štampalija (davor.stampalija@heta-asset-resolution.hr). Mr Štampalija will be the sole contact person at HETA HR regarding this invitation. Each Interested Party should refrain from contacting any other Related Party in connection with this invitation, the Sale Process or the Transaction.