EX-4.60 24 d143572dex460.htm EX-4.60 EX-4.60

Exhibit 4.60

 

 

ATT.: Arbitration Court of Moscow

17 Bolshaya Tulskaya St., Moscow 115191

 

Claimant: Public Joint Stock Company “Sberbank of Russia” (Sberbank PJSC)

TIN 7707083893 PSRN 1027700132195

Date of incorporation - 20.06.1991

19 Vavilova St., Moscow, 117997

 

Respondent: Public Joint Stock Company “Southern Kuzbass Coal Company” (Southern Kuzbass PAO)

TIN 4214000608 PSRN 1024201388661

Date of incorporation - 04.06.1993

6 Yunosti St., Mezhdurechensk, Kemerovo Region, 652877

  Case No. A40-187451/15

AMICABLE AGREEMENT

 

Moscow    April 13, 2016        

Public Joint Stock Company “Sberbank of Russia” (Sberbank PJSC), hereinafter referred to as the “Claimant”, represented by Maxim Nikolaevich Degtyarev, Vice-President - Director of Toxic Assets Division of Sberbank PJSC, acting under Power of Attorney No. 109-D dated February 17, 2016, on the one part, and

“Southern Kuzbass Coal Company” Public Joint Stock Company (Southern Kuzbass PAO), hereinafter referred to as the “Respondent”, represented by Pavel Viktorovich Shtark, General Director of “Management Company Mechel Mining” Limited Liability Company (short name - MC Mechel Mining OOO, PSRN 1085410004811, located at: 1 Krasnoarmeyskaya St., Moscow, 125167 Russian Federation), performing functions of Southern Kuzbass PAO sole executive body under agreement on delegating Southern Kuzbass PAO executive body authorities to a management entity - MC Mechel Mining OOO, dated October 21, 2013, acting under MC Mechel Mining OOO Articles of Association and Southern Kuzbass PAO Articles of Association, on the other part, hereinafter - the Parties, when jointly referred to the Claimant and the Respondent,

being parties to case No. A40-187451/15 under Sberbank PJSC claim, have entered into this Amicable Agreement as follows:

1. This Amicable Agreement concluded by the parties on the basis of Articles 139, 140 of the Arbitration Procedure Code of the Russian Federation in order to change the conditions of a previously concluded amicable agreement approved by the definition of the Moscow Arbitration Court on December 21, 2015 in the case No. A40-187451/15 (hereinafter - Previous Amicable Agreement), in order to settle a dispute in connection with the failure by the Respondent of the obligations to repay the loan amount and interest on the loan arising from the Non-Revolving Credit Facility Agreement No.8507 dated 09.10.2012 and the Novation Agreement No. 8507 dated 09.10.2012 (hereinafter - the Credit Agreement), as well as to pay the state duty expenses relating to the enforced collection.

2. On the basis of the Previous Amicable Agreement, indebtedness of the Respondent to the Claimant under the Credit Agreement (inclusive) was payable in the following amounts:

 

Name of the indebtedness

    Amount, US dollars  

Forfeit for the principal overdue
(for the period from 02.10.2015 (inclusive) to 17.12.2015 (inclusive))

      4,859,394.86   

Interest overdue
(for the period from 29.12.2014 to 01.10.2015)

      14,076,381.43   

Principal overdue

      209,407,216.49   

3. For the period from December 18, 2015 till April 12, 2016 (including both dates) on the basis of the Previous Amicable Agreement, there were assessed:

 

No.

   

Name of the indebtedness

   

Interest period

   

Amount, US dollars

  
3.1   

Interests on the Principal overdue (clause 6.1, 6.2 of the Previous Amicable Agreement)

    18.12.2015-22.12.2015      217,597.05   
3.1   

Interest overdue (clause 6.1, 6.2 of the Previous Amicable Agreement)

    19.12.2015-22.12.2015      11,701.52   
3.1   

Forfeit on the Principal overdue (clause 5, 7 of the Previous Amicable Agreement)

    23.12.2015-12.04.2016      7,292,889.87   
3.1   

Forfeit for Interest overdue (clause 5, 7 of the Previous Amicable Agreement)

    23.12.2015-12.04.2016      490,229.05   
3.1   

Interest overdue for provide by clause 6 of the Previous Amicable Agreement on the Principal overdue (clause 5, 7 of the Previous Amicable Agreement)

    12.01.2016-16.03.2016      3,311.18   
3.1   

Interest overdue for provide by clause 6 of the Previous Amicable Agreement and not paid interests (clause 5, 7 of the Previous Amicable Agreement)

    12.01.2016-16.03.2016      232.82   

In total credited according to the Previous Amicable Agreement for the period from 18.12.2015 to 12.04.2016

      8,015,961.49   

In total credited according to the Previous Amicable Agreement for the period from 18.12.2015 to 12.04.2016

      229,298.57   
        

 

 

  

TOTAL for 12.04.2016

      7,786,662.92   
        

 

 

  

4. During the period from December 18, 2015 to April 12, 2016 (including both dates) repayment of the requirements specified in clause 2 of the Amicable Agreement was not made by the Respondent. Claimant’s costs for the state fee for the examination of the case which signed the Previous Amicable Agreement, were compensated by the Respondent in the amount of 100,000 rubles.

5. In connection with the partial assignment of the rights (requirements) of the Credit Agreement and the Previous Amicable Agreement on April 12, 2016 in favor of the Limited Liability Company Roinco Enterprises Limited (Limited liability company Roinco Enterprises Limited), registration number 72221 dated July 11, 1995, registered by the Registrar of companies (Nicosia, Cyprus) in terms of the amount of the Overdue principal indebtedness in the amount of 209,407,216.49 (Two hundred nine million four hundred seven thousand two hundred sixteen 49/100) US dollars and the subsequent assignment of these rights (requirements) by the Limited Liability Company Roinco Enterprises Limited in favor of the Limited Liability Company Viamelion Consultants Limited (Limited liability company Viamelion Consultants Limited), registration number 227934 dated 23.08.2008, registered by the Registrar of companies (Nicosia, Cyprus), Lampusas 1, 1095, Nicosia, Cyprus, the size of the indebtedness of the Respondent to the Claimant declined and on the date of the Amicable Agreement (inclusive) amounted to the sum specified in the clause 8 of the Amicable Agreement.

In connection with the assignment of rights (requirements) specified in this paragraph, the following provisions of this Amicable Agreement shall apply only to the requirements of the Claimant to the Respondent, remaining after this assignment, except for the clauses where otherwise expressly stated.

6. Forfeit specified in the clause 3.3 - 3.6 of the Amicable Agreement, accrued for the period from December 23, 2015 to April 12, 2016 (including both dates) in the amount of 7,786,662.92 US dollars and not paid as of 12.04.2016, in connection with the conclusion of the Amicable Agreement, is not subject to the levying from the Respondent.

 

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For the period from 23.12.2015 to 12.04.2016 (including both dates) on the amount of Principal overdue and Interest overdue, as specified in clause 2 of the Amicable Agreement, interest is accrued in the amount of interest rate prevailing in the Previous Amicable Agreement on the date of the delay, equal to 7.5855% per annum.

7. From 13.04.2016 (inclusive) the Respondent shall pay the Claimant the amount of interest on the Interest overdue referred to in clause 2 of the Amicable Agreement on the following conditions:

7.1. Interest rate and terms of change:

During the period from 13.04.2016 (inclusive) to the date of full repayment of the indebtedness of the Amicable Agreement, determined in accordance with clause 9 of the Amicable Agreement, the size of the interest rate shall be equal to LIBOR 3M as on the quotation date, plus 7 (Seven) per cent per annum (hereinafter – “the Base Interest Rate”).

LIBOR shall mean the London Interbank Offered Rate for USD deposits fixed by ICE Benchmark Administration Limited (published by Thomson Reuters on Reuters’ information system LIBOR01 page).

From 13.04.2016 to 10.07.2016 (including both dates) the interest rate is set at the LIBOR 3M, as for 15:00 Moscow time on 07.04.2016, plus 7 (Seven) per cent per annum.

The Base Interest Rate shall be further fixed on a quarterly basis for the appropriate rate fixing period by way of Claimant notifying Respondents of the interest rate fixed for the Rate Fixing Period specified in accordance with the following table:

 

LIBOR 3M Quotation Date

   

Rate Fixing Period

Date falling on 2 (Two) business days prior to January 11    January 11 through April 10 (both dates included)
Date falling on 2 (Two) business days prior to April 11    April 11 through July 10 (both dates included)
Date falling on 2 (Two) business days prior to July 11    July 11 through October 10 (both dates included)
Date falling on 2 (Two) business days prior to October 11    October 11 through January 10 (both dates included)

LIBOR 3M shall be fixed in accordance with data specified on Reuters’ information system LIBOR01 page as at 15:00 p.m., Moscow time, on the quotation date.

If on LIBOR 3M quotation date envisaged by the Amicable Agreement:

 

  •   no LIBOR 3M is published on the page mentioned (due to a holiday/non-business day inter alia), then the LIBOR 3M shall be determined on the basis of the nearest preceding quotation date;

 

  •   the period, during which no LIBOR 3M is published on the mentioned page, is not less than 10 (Ten) business days (otherwise than due to holidays/non-business days or temporary technical failure upon publishing rates), then the floating interest rate shall be replaced by the fixed interest rate of 11 (Eleven) per cent per annum. Furthermore, if LIBOR is published again, the replacement of the fixed interest rate by the Base Interest Rate shall be made starting from the following Interest Period.

For this purpose, interest rate changing shall be performed by Claimant’s notifying the Respondent in writing of the interest rate change. Should the Respondent receive no such notice, then the interest rate shall be calculated by the Respondent independently in accordance with this Amicable Agreement.

Notice copy shall be also forwarded by the Claimant within 5 (five) business days to Respondent’s e-mail corpfin@mechel.com.

In order to avoid doubt, the procedure of interest rate changing established by the Amicable Agreement, is agreed upon by the Parties as the terms of the Amicable Agreement and is not a change of the interest rates unilaterally.

7.2. Interest payment procedure:

7.2.1 Interest on the amount of Interest Overdue specified in clause 2 of the Amicable Agreement accrued from 13.04.2016 (inclusive) and payable, shall be paid monthly on the 10th day of each calendar month since May 2016 (hereinafter - the “Interest payment date”) and on the date of full indebtedness

 

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repayment under the Amicable Agreement determined in accordance with clause 9 of the Amicable Agreement, or on the date of full indebtedness repayment implemented previously than defined in clause 9 of the Amicable Agreement.

7.2.2. For purposes of the Amicable Agreement, the “Interest Period” shall mean each of the following periods:

 

  •   the period from 13.04.2016 to 10.05.2016 (including both dates);

 

  •   from the day following the Interest payment day (inclusive), until the consecutive Interest payment date (inclusive).

7.2.3. A part of interest accrued on the amount of Interest Overdue specified in clause 2 of the Amicable Agreement for the period from 13.04.2016 (inclusive), as well as the interest accrued in accordance with part 2 of clause 6 of the Amicable Agreement, is payable by the Respondent to the date of full repayment of the indebtedness of the Amicable Agreement, determined in accordance with clause 9 of the Amicable Agreement (hereinafter - “Deferred interest”).

7.2.4. For the amount of the Deferred interest, interests are accrued at a rate determined in accordance from clause 7.1 of the Amicable Agreement, is payable by the Respondent to the date of full repayment of the indebtedness determined in accordance with clause 9 of the Amicable Agreement together with the Deferred interest.

7.2.5. The ratio of the interest accrued for the period from 13.04.2016 (inclusive), payable to the Claimant in cash on the Interest Payment Date (hereinafter - the “Payable interest”), and a part of the Deferred interest, is determined in accordance with the following conditions:

 

Total Debt / EBITDA

Ratio(1)

   

Payable interest

   

Interest overdue

Over 6.01 (Six point one hundredth)    LIBOR 3M + 5 (Five) percent per annum    2 (Two) percent per annum
Over 5.01 (Five point one hundredth) and up to 6.01 (Six point one hundredth)    LIBOR 3M + 5.5 (Five point five) percent per annum    1.5 (One point five) percent per annum
Over 4.01 (Four point one hundredth) and up to 5.01 (Five point one hundredth)    LIBOR 3M + 6 (Six) percent per annum    1 (One) percent per annum
4.01 (Four point one hundredth) and less    LIBOR 3M + 7 (Seven) percent per annum    0 (Zero) percent per annum

 

(1) Total Debt / EBITDA Ratio is determined according to clause 7.3 of the Amicable Agreement and is used during the period of the Certificate’s actuality.

7.3. The Parties have agreed that upon determining Payable interest and Deferred interest they would proceed from the Total Debt / EBITDA ratio of more than 6.01 (Six point one hundredth) as from 13.04.2016 (inclusive) and until the date of first Certificate providing in accordance with the paragraph below.

For the purposes of clause 7 of the Amicable Agreement, the Mechel Group is understood as Public Joint Stock Company “Mechel” (Mechel PAO), address: 1 Krasnoarmeyskaya Street, Moscow, TIN 7703370008, PSRN 1037703012896), and companies the composition of which is determined at the corresponding time in the consolidated financial statements of Mechel PAO prepared in accordance with IFRS or US GAAP for the previous reporting period.

For the purposes of clause 7 of the Amicable Agreement, the “Total Debt” shall mean the aggregate Mechel Group companies “Financial Indebtedness” to third parties not being a part of Mechel Group companies calculated on the basis of IFRS/US GAAP statements.

 

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Financial indebtedness  

Any indebtedness of Mechel Group companies (without double-entry accounting) as at the end of each relevant Calculation Period, having arisen as a result of:

    (a)   receiving cash funds in the form of loan, credit, overdraft or project financing;
    (b)   capitalization of interest and other payments;
    (c)   obtaining commodity and commercial credits for the period exceeding 180 calendar days, issuing a letter of credit and granting bank guarantees;
    (d)   issuing bonds, notes, bills and any other debt instruments;
    (e)   entering into financial leasing agreements and rental agreements providing for buy-out commitment upon the agreement term expiration;
    (f)   selling or discounting receivables (save any receivables alienated on a non-recourse basis);
    (g)   entering into factoring agreements on a recourse basis:
    (h)   making derivative transactions for the purpose of protection against or benefiting from, fluctuations of any rates, interest rates or prices; provided that the amount of transaction with such derivatives will be calculated based on market indicators existing from time to time;
    (i)   making repo or any other transactions which constitute borrowings for economic purposes (or in accordance with accounting rules);
    (j)   assuming indemnification obligations or commitments on reimbursement of expenses under financial indebtedness incurred by third parties;
    (k)   amounts received upon issuing redeemable shares (save shares redeemed by issuer’s decision);
    (l)   assuming obligations under a surety or guarantee with respect to performing any commitments by third parties or for reimbursement of payment amounts under a bank guarantee to the warrantor; keeping records of such sureties is carried out according to actual indebtedness under obligations secured, however, neither sureties nor guarantees by several Mechel Group companies on the same commitment shall be summarized; and
    (m)   other financial instruments not listed in other subparagraphs of this definition, qualified as debt under IFRS / US GAAP

For the purposes of clause 7 of the Amicable Agreement, “EBITDA” shall mean such indicator calculated on the basis of IFRS/US GAAP statements for the relevant reporting period.

 

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EBITDA   Mechel Group’s net earnings determined in Mechel Group financial reports for the relevant Reporting Period for calculation of Total Debt / EBITDA ratio, established in the table herein below:
    (a)  

before deducting any charge or payment with respect to taxes on entity earnings;

    (b)  

before adding any interest, commissions, discounts and other fees received/receivable and deduction of any interest, commissions, discounts and other fees, as may be paid/payable with respect to any Financial Indebtedness by any company within Mechel Group;

    (c)  

without regard to any items exceptional or extraordinary, earnings and/or expenses arising as a result of transactions and activities other than Mechel Group’s Ordinary course of business, including any amounts with respect to:

      •    expenses and earnings connected with exchange differences;
      •    results of revaluation of long-term assets and any earnings or expenses connected with the retirement of any Mechel Group company’s long-term assets;
      •    results of revaluation of any of Mechel Group company’s contingent obligations;
      •    any earnings and expenses having arisen as a result of alienating a part or the entire interest in any of Mechel Group company;
      •    amounts relating to write-offs or reserves and changes in reserve created for the impairment of indebtedness/assets;
      •    profits of overdue payables;
      •    any amounts of penalties, fines, forfeits and remissions thereof;
      •    any amounts of other expenses which are classified in the financial statements of the Mechel Group prepared in accordance with IFRS / US GAAP, as expenses not related to the main activity;
    (d)  

before adding profits and subtracting losses from assets / liabilities for pension plans;

    (e)  

before adding profits from incentive plans based on equity instruments;

    (f)  

before deduction of amortization or depreciation of intangible assets, including goodwill, and amortization or depreciation of tangible assets;

    (g)  

before deduction of losses or adding profits of any Mechel Group company’s subsidiary, as may relate to non-controlling interest;

    (h)  

before adding profits and losses specified in a)-g), as may relate to terminated activities

Indicators above shall be determined for each Interest Period based on the latest Mechel Group consolidated financial statements under IFRS / US GAAP for the semi-annual / annual reporting period preceding such Interest Period and published on Mechel Group Internet website at www.mechel.com.

 

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Total Debt / EBITDA ratio calculation shall be made available to the Claimant by the Respondent in the form of an official letter signed by Respondent’s authorized executive body (hereinafter referred to as the Certificate) on or before the Date of Presentation specified in the table below, and shall be applicable to the relevant Interest Period indicated in the table below.

 

No.

Nos.

   

Reporting Period for Total Debt /

EBITDA Ratio Calculation

   

Date of Presentation, on

or before

   

Interest Period

1    01.01.2015-31.12.2015    28.06.2016    11.07.2016-10.11.2016
2    01.07.2015-30.06.2016    28.10.2016    11.11.2016-10.07.2017
3    01.01.2016-31.12.2016    29.06.2017    11.07.2017-10.10.2017
4    01.07.2016-30.06.2017    28.09.2017    11.10.2017-10.07.2018
5    01.01.2017-31.12.2017    29.06.2018    11.07.2018-10.10.2018
6    01.07.2017-30.06.2018    28.09.2018    11.10.2018-10.07.2019
7    01.01.2018-31.12.2018    29.06.2019    11.07.2019-10.10.2019
8    01.07.2018-30.06.2019    28.09.2019    11.10.2019-10.07.2020
9    01.01.2019-31.12.2019    28.06.2020    11.07.2020-10.10.2020
10    01.07.2019-30.06.2020    28.09.2020    11.10.2020-10.07.2021
11    01.01.2020-31.12.2020    29.06.2021    11.07.2021-10.10.2021
12    01.07.2020-30.06.2021    28.09.2021    11.10.2021-10.07.2022
13    01.01.2021-31.12.2021    29.06.2022    11.07.2022-10.10.2022
14    01.07.2021-30.06.2022    28.09.2022    11.10.2022-10.04.2023

In case of failure to submit the Certificate by the Date of Presentation, the latest Certificate submitted shall be applicable to the relevant interest period.

8. In the circumstances specified in paragraphs item 3-7 of the Amicable Agreement, Respondent’s indebtedness to the Claimant under the Credit Agreement (considering the Previous Amicable Agreement) for April 13, 2016, will be:

 

No.

   

Name of the indebtedness

    Interest period   

Amount, US dollars

  
8.1   

Interest overdue (clause 2 of the Amicable Agreement)

    29.12.2014-01.10.2015      14,076,381.43   
8.2   

Forfeit for the principal overdue (clause 2 of the Amicable Agreement)

    02.10.2015-17.12.2015      4,859,394.86   
8.3   

Deferred interest (accrued for part 2 of clause 6 of the Amicable Agreement)

    23.12.2015-12.04.2016      5,188,745.95   
8.4   

Accrued according to clause 7 of the Amicable Agreement, interests

    for 13.04.2016      4,015.57   
        

 

 

  

TOTAL

         27,128,537.81   
        

 

 

  

9. The Respondent shall pay the Claimant the indebtedness referred to in clause 8.1, 8.2 and 8.3 of the Amicable Agreement, in the following order:

9.1. The Respondent shall pay the Claimant the indebtedness referred to in clause 8.2 of the Amicable Agreement on April 15, 2016.

9.2. The Respondent shall pay the Claimant the indebtedness referred to in paragraphs 8.1 and 8.3 of the Amicable Agreement until April 10, 2020. In the case of performing of the following conditions precedent, no later than on April 9, 2017 (inclusive), the date of payment is postponed to April 10, 2022:

9.2.1. Claimant’s receiving of certified copies of credit documentation entered into from the Respondent (or confirmations in writing from GPB Bank (JSC) and VTB Bank (PJSC), as appropriate, of such credit documentation entering into) on establishing a schedule of principal repayment (loan indebtedness), providing uniform repayment of the principal indebtedness for the period not earlier than January 2020 until April 2022, as may be on 01.04.2017 entered into by and between: i) GPB Bank (JSC) as a creditor and companies within Mechel Group as borrowers; ii) VTB Bank (PJSC) as a creditor and companies within Mechel Group as borrowers.

9.2.2. Presence of approved by the court and not canceled and not disputed new amicable agreement between the Claimant and Southern Kuzbass PAO that are parties to the arbitration proceedings as follows: Nos. A40-187416/15, A40-187413/15, A40-187412/15, changing conditions of the Previous Amicable Agreements, approved on December 21, 2015 (arbitration cases Nos. A40-187416/15, A40-187413/15, A40-187451/15) and on December 22, 2015 (arbitration case No. A40-187412/15).

9.2.3. To provide the Claimant with duly certified documents (copies of protocols) confirming the decision by the general meeting of shareholders of each of the Public companies of the Mechel Group, decisions on approval of entered into between the Claimant and each of the Public companies of the Mechel Group, additional agreements that are interested party transactions providing provision to the Claimant of security of the obligations of the Mechel Group companies, for all concluded with the Lender loan agreements, with amendments and additions as of April 10, 2017, when, in accordance with the laws, such decision of the question has been referred to competence of the general meeting of shareholders of Public joint stock companies of the Mechel Group.

 

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9.2.4. Until April 15, 2016 (inclusive), cash funds are received by the Claimant under agreements on cession of rights (claims) with respect to Respondent’s obligations under Non-Revolving Credit Facility Agreements No.5593 dated 09.10.2012, No.5594 dated 09.10.2012, No.8507 from 09.10.2012, No.8508 from 09.10.2012, taking into account the Amicable Agreements concluded between the Claimant and the Respondent in the process of judicial review of arbitration cases Nos. A40-187413/15, A40-187451/15, A40-187412/15, A40-187416/15 in total equivalent to 31.5 billion rubles at the Bank of Russia exchange rate on the payment date.

10. Upon failure to remit the payment timely towards the settlement of indebtedness under the Amicable Agreement, following the date of entering into the Amicable Agreement, forfeits shall be charged in the amount of the Base Interest Rate specified in clause 7.1 of the Amicable Agreement effective under the Amicable Agreement as on the date of delay, increased by 1.5 (One point five) times. Furthermore, no interest shall be charged on the Interest overdue part and/or Deferred interest part outstanding as on the due date fixed by the Amicable Agreement.

11. In case of uncertainty in payment purpose indicated in the remittance order, the funds received in repayment of indebtedness under the Amicable Agreement shall be directed in the following order of priority:

 

•   for repayment of overdue Payable interest (unpaid on the dates fixed by the Amicable Agreement (clause 7.2 of the Amicable Agreement));

 

•   to pay Interest overdue specified in clause 8.1 of the Amicable Agreement;

 

•   to pay Deferred interest;

 

•   for repayment of future Payable interest (clause 7.2 of the Amicable Agreement);

 

•   for repayment of interest charged on Deferred interest, based on clause 7.2 of the Amicable Agreement;

 

•   for payment of forfeit on the Principal overdue (clause 8.2 of the Amicable Agreement);

 

•   for payment of forfeits for the failure to perform obligations under the Amicable Agreement on the date fixed (clause 10 of the Amicable Agreement).

12. The Claimant is entitled, on the basis of Part 2 of Article 142 of the Arbitration Procedure Code, to get in the Moscow Arbitration Court writs of forced recovery from the Respondent, at the same time in entire amount owed by the Amicable Agreement, without payments made by the Respondent, and the Claimant has the right to make a claim for early repayment of the entire amount of the indebtedness referred to in clause 3 of the Amicable Agreement and payment of interest due on the loan, penalties and other payments under the terms of the Amicable Agreement for sureties, as well as to foreclose on the mortgaged property, in case of:

 

  a) Non-receipt by the Lender in the period until April 15, 2016 (inclusive) payments to repay overdue debt to the Claimant on interest, fees, penalties and repayment of the Claimant’s expenses for payment of state fee for examination cases by courts of arbitration in the amount equivalent to 3.3 billion (Three billion three hundred million) rubles, in accordance with Appendix to the Amicable Agreement;

 

  b) Non-transfer until April 30, 2016 (inclusive), by the Mechel Group companies that are lessees of Sberbank Leasing JSC, monetary funds in the total amount of 900,000,000 (Nine hundred million) rubles (including amounts transferred starting from 19.11.2015) in favor of Sberbank Leasing JSC in account of full compensation of legal costs in court cases with Sberbank Leasing JSC, as well as in account of performance of obligations established by international agreements on arbitration cases;

 

  c) Until April 15, 2016 (inclusive), cash funds are not received by the Claimant under agreements on cession of rights (claims) with respect to Southern Kuzbass PAO obligations under Non-Revolving Credit Facility Agreements No.5593 dated 09.10.2012, No.5594 dated 09.10.2012, No.8507 dated 09.10.2012, No.8508 dated 09.10.2012, taking into account the Previous Amicable Agreements concluded between the Claimant and Southern Kuzbass PAO on December 18, 2015 in the course of judicial review of the arbitration cases Nos. A40-187413/15, A40-187451/15, A40-187412/15, A40-187416/15 in total, equivalent to 31.5 billion rubles at the Bank of Russia exchange rate on the payment date.

 

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  d) Presence of legal disputes under Non-Revolving Credit Facility Agreements No.5593 dated 09.10.2012, No.5594 dated 09.10.2012, No.8507 dated 09.10.2012, No.8508 dated 09.10.2012, concluded between the Lender and Southern Kuzbass PAO, initiated by the Mechel Group companies and / or any third party (including on appeal of approved settlement agreements in the framework of arbitration proceedings claims Nos. A40-187413/15, A40-187451/15, A-40-187412/15, A40-187416/15 and previously adopted legal acts in arbitration cases Nos. A40-159782/2014, A40-25992/2015, A40-47254/2015).

 

  e) Presence of judicial decisions about invalidation of any of the obligations of the Mechel Group companies to the Claimant on any of credit agreements / non-revolving credit facility agreements / agreements / pledge agreements / surety agreements concluded between them.

 

  f) Violation of the conditions specified in clause 7.1.7 of the Credit Agreement with all the additional agreements concluded on the date of the Amicable Agreement.

13. In case of Respondent’s total or partial failure to perform obligations envisaged in subclauses 6-9 and / or 12 of the Amicable Agreement and / or the Credit Agreement.

The Claimant shall, based on part 2 of art.142 of the Russian Federation Arbitration Procedure Code, receive a writ of execution from the Arbitration Court in Moscow for the enforced collection at its own discretion of all or overdue part of indebtedness under the Amicable Agreement from the Respondent, less payments made by the Respondent.

14. The Parties confirm hereby that the Credit Agreement and all Additional Agreements thereof entered into as on the date of making the Amicable Agreement (hereinafter - the Credit Agreement) shall continue in operation subject to terms and conditions hereof. Ceded by the Claimant in accordance with clause 5, rights (requirements) are based on the Credit Agreement and in this part in the future they can be changed by new parties of ceded liabilities. This Amicable agreement regulates the obligations under the Credit Agreement, not ceded in accordance with clause 5 of the Amicable Agreement; Entering into the Amicable Agreement shall neither terminate the Credit Agreement (constitute a Novation), nor terminate Respondent’s obligations to the Claimant under the Credit Agreement other than settled hereunder and ceded according to clause 5 of the Amicable Agreement; Entering into the Amicable Agreement shall not constitute a ground for terminating Respondent’s obligations to the Claimant, under the Credit Agreement inter alia, other than settled hereunder. Upon Respondent’s failure to perform obligations under the Credit Agreement other than settled hereunder (such as obligations on the payment of interest on credit and/or forfeits for other periods, other than those the indebtedness is collected for under the present case, and other conditions, including non-payment obligations), the Claimant shall be entitled to file an appropriate separate lawsuit.

15. When entering hereinto, the Parties shall act on the premise that Agreements entered into for the purposes of ensuring the proper performance of obligations under the Credit Agreement shall continue in force and effect and survive. The Agreements above shall ensure the proper performance of obligations under the Credit Agreement and this Amicable Agreement as from the date of coming hereof into effect, and no entering into additional agreements shall be required.

16. The Amicable Agreement shall enter into force as from the date of its approval by the Arbitration Court in Moscow.

17. The Amicable Agreement has been made in 4 originals, two copies for the Claimant, one copy for the Respondent, and one copy - for the Arbitration Court in Moscow.

18. Based on Articles 139, 140, 141 of the Russian Federation Arbitration Procedure Code, the Claimant and the Respondent hereby request the arbitration court to approve the Amicable Agreement.

Parties, addresses, details and signatures:

Claimant:

Location: 19 Vavilova St., Moscow, Russian Federation

Address and Postal Address: 19 Vavilova St., Moscow, 117997

TIN 7707083893, PSRN 1027700132195, KPP 775001001, OKPO 00032537.

 

9

For transfers in rubles: account 30301810000006000014, c/a No.30101810400000000225 in the Main Administration of the State Bank of Russia for the Central Federal District, RCBIC 044525225.

For USD Remittances:

Account with Institution: IRVTUS3N, Bank of New York Mellon, New York, NY

Beneficiary Institution: SABRRUMM, SBERBANK, MOSCOW.

Sender to Receiver Information: /BNF/ 30301840300006000014

For EUR Remittances:

Account with Institution: DEUTDEFF, Deutsche Bank AG, Frankfurt am Main.

Beneficiary Institution: SABRRUMM, SBERBANK, MOSCOW.

Sender to Receiver Information: /BNF/ 30301978900006000014,

Phone: +7 495 747 37 98. Fax: +7 495 957 55 68.

Respondent:

Location: Russian Federation, address: Russian Federation, the Kemerovo region, Mezhdurechensk.

Address and postal address: Russian Federation, address: Russian Federation, the Kemerovo region, 652877 Mezhdurechensk, Yunosti Street, 6.

E-mail Address: corpfin@mechel.com.

TIN 4214000608, PSRN 1024201388661, KPP 421401001, OKPO 26644096.

Current account No. 40702810026070100405 in the Kemerovo branch No.8615 of Sberbank PJSC.

Phone: +7 (38475) 7-22-00 (help desk), 7-22-37. Fax: +7 (38475) 7-22-41.

 

CLAIMANT     RESPONDENT

Vice-President - Director of Toxic Assets Division

of Sberbank PJSC

     General Director of management entity - MC Mechel Mining OOO

 

   /M.N. Degtyarev/    

 

   /P.V. Shtark /
L.S.       L.S.  

 

10

Annex to Amicable Agreement

Register of the Mechel Group payments on interest, fees, penalties and state fees under loan agreements with the Bank in the amount equivalent to 3.3 billion rubles.

 

No.

   

Payer

   

Amount

   

Currency

of Payment

   

Payment Destination

1

    CMP PJSC    6,473,824.91    RUB    penalty for overdue indebtedness on interest under the Non-Revolving Credit Facility Agreement No. 5703 dated 19.12.2013 for the period from 26.03.2015 to 07.07.2015 by the court decision on the case No. A40-83634/15

2

    CMP PJSC    43,726,334.63    RUB    penalty for overdue indebtedness on main debt under the Non-Revolving Credit Facility Agreement No. 5703 dated 19.12.2013 for the period from 31.03.2015 to 07.07.2015 by the court decision on the case No. A40-83634/15

3

    CMP PJSC    349,142,440.96    RUB    Interest on loan (overdue) under the Non-Revolving Credit Facility Agreement No. 5703 dated 19.12.2013 for the period from 26.03.2015 to 25.06.2015 by the court decision on the case No. A40-83634/15

4

    CMP PJSC    8,122,067.92    RUB    forfeit for overdue interest indebtedness under Non-Revolving Credit Facility Agreement No. 5321 dated 13.10.2010 for the period from 31.03.2015 to 07.07.2015 as per court judgement in Case No. A40-83634/15

5

    CMP PJSC    163,356,164.39    RUB    penalty for overdue indebtedness on main debt under the Agreement on opening of a non-revolving credit line No. 5321 dated 13.10.2010 for the period from 31.03.2015 to 07.07.2015 by the court decision on the case No. A40-83634/15

6

    CMP PJSC    888,375.07    RUB    penalty for overdue payment for loans service under the Non-Revolving Credit Facility Agreement No. 5321 dated 13.10.2010 for the period from 31.03.2015 to 07.07.2015 by the court decision on the case No. A40-83634/15

7

    CMP PJSC    403,253,424.65    RUB    Interest on loan (overdue) under the Non-Revolving Credit Facility Agreement No. 5321 dated 13.10.2010 for the period from 29.03.2015 to 28.06.2015 by the court decision on the case No. A40-83634/15

8

    CMP PJSC    43,551,369.86    RUB    Payment for loan service (overdue) under the Non-Revolving Credit Facility Agreement No. 5321 from 13.10.2010 for the period from 29.03.2015 to 28.06.2015 by the court decision on the case No. A40-83634/15

9

    CMP PJSC    It is calculated by the formula: 2,073,240,846.92 – 26,258,151.38 US dollars at the rate of the Bank of Russia as on the date of each payment in US dollars in the frames of the Appendix. While negative value, the amount of payment is recognized equal to 0 (zero).    RUB    Interest (overdue) on credit under Non-Revolving Credit Facility Agreement No. 5703 dated 19.12.2013 and/or Non-Revolving Credit Facility Agreement No. 5321 dated 13.10.2010

10

    Mechel Trading AG    12,826.02    US dollars    penalty for overdue indebtedness on interest under the Non-Revolving Credit Facility Agreement No. 5609 dated 20.12.2012 for the period from 31.03.2015 to 13.05.2015; and from 30.06.2015 to 20.07.2015

11

    Mechel Trading AG    171,513.80    US dollars    penalty for overdue indebtedness on main debt under the Non-Revolving Credit Facility Agreement No. 5609 from 20.12.2012 for the period from 31.03.2015 to 20.07.2015

12

    Mechel Trading AG    1,127,860.02    US dollars    Interest on loan (overdue) under the Non-Revolving Credit Facility Agreement No. 5609 dated 20.12.2012 for the period from 29.03.2015 to 28.06.2015

13

    Mechel Trading AG    4,275.34    US dollars    penalty for overdue indebtedness on interest under the Non-Revolving Credit Facility Agreement No. 5624 dated 30.04.2013 for the period from 31.03.2015 to 13.05.2015; and from 30.06.2015 to 20.07.2015

14

    Mechel Trading AG    57,171.27    US dollars    penalty for overdue indebtedness on main debt under the Non-Revolving Credit Facility Agreement No. 5624 dated 30.04.2013 for the period from 31.03.2015 to 20.07.2015

15

    Mechel Trading AG    375,953.34    US dollars    Interest on loan (overdue) under the Agreement on opening of a non-revolving credit line No. 5624 dated 30.04.2013 for the period from 29.03.2015 to 28.06.2015

 

11

No.

   

Payer

   

Amount

   

Currency

of Payment

   

Payment Destination

16

    Southern Kuzbass PAO    76,134.36    RUB    penalty for overdue indebtedness on interest under the Non-Revolving Credit Facility Agreement No. 5593 dated 09.10.2012 (for the First part of the credit line) for the period dated 30.09.2014 by the court decision on the case No. A40-159730/2014

17

    Southern Kuzbass PAO    1,751,090.26    RUB    penalty for overdue indebtedness on interest under the Non-Revolving Credit Facility Agreement No. 5593 dated 09.10.2012 (for the First part of the credit line) for the period from 30.09.2014 to 14.11.2014 by the court decision on the case No. A40-25992/2015

18

    Southern Kuzbass PAO    94,824.08    US dollars    forfeit for overdue interest indebtedness under the Non-Revolving Credit Facility Agreement No. 5593 dated 09.10.2012 (under the First Facility Part) for the period from 30.12.2014 to 17.04.2015 as per court judgement in Case No. A40-25992/2015

19

    Southern Kuzbass PAO    4,002,275.23    US dollars    Interest (overdue) on credit under the Non-Revolving Credit Facility Agreement No. 5593 dated 09.10.2012 (under the First Facility Part) for the period from 29.09.2014 to 28.03.2015 as per court judgement in Case No. A40-25992/2015

20

    Southern Kuzbass PAO    30,331.51    RUB    penalty for overdue indebtedness on interest under the Non-Revolving Credit Facility Agreement No. 5593 dated 09.10.2012 (for the Second part of the credit line) for 30.09.2014 by the court decision on the case No. A40-159730/2014

21

    Southern Kuzbass PAO    1,132,651.28    RUB    penalty for overdue indebtedness on interest under the Non-Revolving Credit Facility Agreement No. 5593 dated 09.10.2012 (for the Second part of the credit line) for the period from 01.10.2014 to 17.04.2015 by the court decision on the case No. A40-25992/2015

22

    Southern Kuzbass PAO    120,292.29    RUB    penalty for overdue indebtedness on interest under the Non-Revolving Credit Facility Agreement No. 5593 dated 09.10.2012 (for the First part of the credit line) for 30.09.2014 by the court decision on the case No. A40-159730/2014

23

    Southern Kuzbass PAO    2,766,722.61    RUB    forfeit for overdue interest indebtedness under Non-Revolving Credit Facility Agreement No. 5594 dated 09.10.2012 (under the First Facility Part) for the period from 01.10.2014 to 14.11.2014 as per court judgement in Case No. A40-25992/2015

24

    Southern Kuzbass PAO    148,671.61    US dollars    forfeit for overdue interest indebtedness under Non-Revolving Credit Facility Agreement No. 5594 dated 09.10.2012 (under the First Facility Part) for the period from 30.12.2014 to 17.04.2015 as per court judgement in Case No. A40-25992/2015

25

    Southern Kuzbass PAO    6,356,459.33    US dollars    Interest (overdue) on credit under Non-Revolving Credit Facility Agreement No. 5594 dated 09.10.2012 (under the First Facility Part) for the period from 29.09.2014 to 28.03.2015 as per court judgement in Case No. A40-25992/2015

26

    Southern Kuzbass PAO    32,353.62    RUB    penalty for overdue indebtedness on interest under the Non-Revolving Credit Facility Agreement No. 5594 dated 09.10.2012 (for the Second part of the credit line) for 30.09.2014 by the court decision on the case No. A40-159730/2014

27

    Southern Kuzbass PAO    1,208,161.37    RUB    penalty for overdue indebtedness on interest under the Non-Revolving Credit Facility Agreement No. 5594 dated 09.10.2012 (for the Second part of the credit line) for the period from 01.10.2014 to 14.11.2014 by the court decision on the case No. A40-25992/2015

28

    Southern Kuzbass PAO    2,375,392.01    RUB    forfeit for overdue interest indebtedness under the Non-Revolving Credit Facility Agreement No. 8507 dated 09.10.2012 for the period from 30.09.2014 to 14.11.2014 as per court judgement in Case No. A40-159782/2014

29

    Southern Kuzbass PAO    42,939.29    US dollars    forfeit for overdue interest indebtedness under the Non-Revolving Credit Facility Agreement No. 8507 dated 09.10.2012 for the period from 30.12.2014 to 29.01.2015 as per court judgement in Case No. A40-159782/2014

30

    Southern Kuzbass PAO    2,885,977.16    US dollars    Interest (overdue) on credit under the Non-Revolving Credit Facility Agreement No. 8507 dated 09.10.2012 for the period from 29.09.2014 to 28.12.2014 as per court judgement in Case No. A40-159782/2014

31

    Southern Kuzbass PAO    22,840.31    RUB    penalty for overdue indebtedness on interest under the Non-Revolving Credit Facility Agreement No. 8508 dated 09.10.2012 for 30.09.2014 by the court decision on the case No. A40-159782/2014

32

    Southern Kuzbass PAO    559,217.68    RUB    penalty for overdue indebtedness on interest under the Non-Revolving Credit Facility Agreement No. 8508 dated 09.10.2012 for the period from 01.10.2014 to 17.11.2014 by the court decision on the case No. A40-4724/15

 

12

No.

   

Payer

   

Amount

   

Currency

of Payment

   

Payment Destination

33

    Southern Kuzbass PAO    34,952.59    US dollars    forfeit for overdue interest indebtedness under the Non-Revolving Credit Facility Agreement No. 8508 dated 09.10.2012 for the period from 30.12.2014 to 12.05.2015 as per court judgement in Case No. A40-4724/15

34

    Southern Kuzbass PAO    1,193,088.37    US dollars    Interest (overdue) on credit under the Non-Revolving Credit Facility Agreement No. 8508 dated 09.10.2012 for the period from 29.09.2014 to 28.03.2015 as per court judgement in Case No. A40-4724/15

35

    BZF LLC    295,004.43    RUB    penalty for overdue indebtedness on interest under the Non-Revolving Credit Facility Agreement No. 160 dated 14.10.2010 for the period from 26.03.15 to 06.05.15 by the court decision on the case No. A19-16095/2014

36

    BZF LLC    190,988.04    RUB    penalty for overdue indebtedness on interest under the Non-Revolving Credit Facility Agreement No. 160 dated 14.10.2010 for the period from 26.06.15 to 23.07.15 by the court decision on the case No. A19-9461/15

37

    BZF LLC    1,756,629.08    RUB    penalty for overdue indebtedness on main debt under the Non-Revolving Credit Facility Agreement No. 160 dated 14.10.2010 for the period from 26.03.15 to 23.07.15 by the court decision on the case No. A19-9461/15

38

    BZF LLC    20,747,213.79    RUB    Interest on loan (overdue) under the Non-Revolving Credit Facility Agreement No. 160 dated 14.10.2010 for the period from 26.03.2015 to 25.06.2015 by the court decision on the case No. A19-9461/15

39

    BZF LLC    16,450,593.99    RUB    Interest on loan (overdue) under the Non-Revolving Credit Facility Agreement No. 160 dated 14.10.2010 for the period from 26.06.2015 to 10.09.2015

40

    Yakutugol HC OJSC    23,416.94    RUB    forfeit for overdue interest indebtedness under Non-Revolving Credit Facility Agreement No. 12 dated 23.04.2010 for the period from 26.05.2015 to 10.09.2015 as per court judgement in Case No. A58-3296/2015

41

    Yakutugol HC OJSC    202,409.33    RUB    forfeit for overdue principal indebtedness under Non-Revolving Credit Facility Agreement No. 12 dated 23.04.2010 for the period from 07.05.2015 to 10.09.2015 as per court judgement in Case No. A58-3296/2015

42

    Yakutugol HC OJSC    316,778.67    RUB    Interest (overdue) on credit under the Non-Revolving Credit Facility Agreement No. 12 dated 23.04.2010 for the period from 01.03.2015 to 30.06.2015 as per court judgement in Case No. A58-3296/2015

43

    Yakutugol HC OJSC    1,312,539.70    RUB    Interest on loan (overdue) under the Non-Revolving Credit Facility Agreement No. 12 dated 23.04.2010 for the period from 01.07.2015 to 10.09.2015

44

    Korshunov GOK OAO    1,709,902.63    RUB    Interest on loan (overdue) under the Non-Revolving Credit Facility Agreement No. 028 dated 16.03.2010 accrued and unpaid as of 31.12.2015

45

    Korshunov GOK OAO    497,331.99    RUB    Interest on loan (overdue) under the Non-Revolving Credit Facility Agreement No. 029 dated 16.03.2010 accrued and unpaid as of 31.12.2015

46

    CMP PJSC    30,435,616.45    RUB    Interest on loan (overdue) under the Non-Revolving Credit Facility Agreement No. 74086 dated 22.12.2009 for the period from 21.01.2015 to 10.09.2015

47

    Southern Kuzbass PAO    5,287,222.58    RUB    Interest on loan (overdue) under the Non-Revolving Credit Facility Agreement No. 13 dated 25.03.2010 accrued and unpaid as of 31.12.2015

48

    Izhstal OJSC    3,072.61    RUB    forfeit for overdue interest indebtedness under Non-Revolving Credit Facility Agreement No. 4-NKL-I dated 13.02.2009 for the period from 11.06.2015 to 13.07.2015 as per court judgement in Case No. A71-8039/15

49

    Izhstal OJSC    128.02    RUB    forfeit for overdue indebtedness under Non-Revolving Credit Facility Agreement No. 4-NKL-I dated 13.02.2009 for the period from 11.06.2015 to 13.07.2015 as per court judgement in Case No. A71-8039/15

50

    Izhstal OJSC    20,139.04    RUB    forfeit for overdue principal indebtedness under Non-Revolving Credit Facility Agreement No. 4-NKL-I dated 13.02.2009 for the period from 11.06.2015 to 13.07.2015 as per court judgement in Case No. A71-8039/15

51

    Izhstal OJSC    20,878.76    RUB    payment for maintaining the loan account under Non-Revolving Credit Facility Agreement No. 4-NKL-I dated 13.02.2009 for the period from 11.05.2015 to 10.07.2015 as per court judgement in Case No. A71-8039/15

 

13

No.

   

Payer

   

Amount

   

Currency

of Payment

   

Payment Destination

52

    Izhstal OJSC    20,638.36    RUB    Fee for loan account management under Non-Revolving Credit Facility Agreement No. 4-NKL-I dated 13.02.2009 for the period from 11.07.2015 to 10.09.2015

53

    Izhstal OJSC    501,090.41    RUB    Interest on loan (overdue) under the Non-Revolving Credit Facility Agreement No. 4-NKL-I dated 13.02.2009 for the period from 11.05.2015 to 10.07.2015 by the court decision on the case No. A71-8039/15

54

    Izhstal OJSC    495,320.54    RUB    Interest on loan (overdue) under the Non-Revolving Credit Facility Agreement No. 4-NKL-I dated 13.02.2009 for the period from 11.07.2015 to 10.09.2015

55

    Izhstal OJSC    26,921.57    RUB    forfeit for overdue interest indebtedness under Non-Revolving Credit Facility Agreement No. 12-NKL-I dated 22.07.2010 for the period from 11.07.2015 to 13.07.2015 as per court judgement in Case No. A71-8039/15

56

    Izhstal OJSC    298.46    RUB    forfeit for overdue indebtedness under Non-Revolving Credit Facility Agreement No. 12-NKL-I dated 22.07.2010 for the period from 11.06.2015 to 11.07.2015 as per court judgement in Case No. A71 - 8039/15 dated 13.07.2015

57

    Izhstal OJSC    534,331.24    RUB    forfeit for overdue principal indebtedness under Non-Revolving Credit Facility Agreement No. 12-NKL-I dated 22.07.2010 for the period from 11.06.2015 to 13.07.2015 as per court judgement in Case No. A71-8039/15

58

    Izhstal OJSC    93,808.24    RUB    Payment for maintaining the loan account under the Non-Revolving Credit Facility Agreement No. 12-NKL-I dated 22.07.2010 for the period from 11.07.2015 to 10.09.2015

59

    Izhstal OJSC    5,060,920.77    RUB    Interest (overdue) on credit under Non-Revolving Credit Facility Agreement No. 12-NKL-I dated 22.07.2010 for the period from 11.06.2015 to 10.07.2015 as per court judgement in Case No. A71-8039/15

60

    Izhstal OJSC    10,742,016.65    RUB    Interest on loan (overdue) under the Non-Revolving Credit Facility Agreement No. 12-NKL-I dated 22.07.2010 for the period from 11.07.2015 to 10.09.2015

61

    Yakutugol HC OJSC    15,558.25    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A58-7389/2014

62

    BZF LLC    4,107.75    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-188070/14

63

    Mechel-Trans OOO    4,107.75    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-188070/14

64

    BZF LLC    66,133.83    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A19-16095/2014

65

    Mechel PJSC    66,133.83    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A19-16095/2014

66

    Mechel Trading AG    957,232.93    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. 204/2014 (ICAC)

67

    Mechel Trading AG    16,491.50    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-159766/2014

68

    Mechel PJSC    16,491.48    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-159766/2014

69

    BZF LLC    16,491.48    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-159766/2014

70

    Mechel-Service LLC    16,491.48    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-159766/2014

71

    Mechel-Trans OOO    16,491.48    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-159766/2014

72

    CMP PJSC    16,491.48    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-159766/2014

73

    Southern Kuzbass PAO    10,529.26    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A45-20227/2014

74

    Southern Kuzbass PAO    50,000.00    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-25992/2015

75

    Mechel Mining LLC    50,000.00    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-25992/2015

76

    Mechel PJSC    50,000.00    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-25992/2015

77

    Yakutugol HC OJSC    50,000.00    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-25992/2015

78

    Mechel PJSC    33,333.33    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-47254/15

 

14

No.

   

Payer

   

Amount

   

Currency

of Payment

   

Payment Destination

79

    Mechel-Trans OOO    33,333.33    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-47254/15

80

    Southern Kuzbass PAO    33,333.35    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-47254/15

81

    Mechel Mining LLC    33,333.33    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-47254/15

82

    Yakutugol HC OJSC    33,333.33    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-47254/15

83

    BZF LLC    33,333.33    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-47254/15

84

    Mechel Mining LLC    16,147.50    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-159782/2014

85

    Yakutugol HC OJSC    14,628.34    RUB    Sberbank PJSC expenses for state duty payment as per court judgement in Case No. A40-159782/2014

86

    Southern Kuzbass PAO    4,859,394.86    US dollars    penalty for overdue indebtedness on principal debt under the Settlement Agreement concluded in the framework of the arbitration proceedings No. A40-187451/15 for the period from 02.10.2015 on 17.12.2015

87

    Southern Kuzbass PAO    1,122,845.78    US dollars    penalty for overdue debt on principal debt under the Settlement Agreement concluded in the framework of the arbitration proceedings No. A40-187412/15 for the period from 02.10.2015 on 17.12.2015

88

    Southern Kuzbass PAO    3,767,123.29    US dollars    forfeit for overdue fee indebtedness under principal debt under the Amicable Agreement concluded in the framework of the arbitration proceedings No. A40-187413/15 (for the First part of the credit line) for the period from 02.10.2015 on 17.12.2015

89

    Southern Kuzbass PAO    3,060,885.61    RUB    Interest on loan (overdue) under the Non-Revolving Credit Facility Agreement No. 5594 dated 09.10.2012 (for the Second part of the credit line) for the period from 29.03.2015 to 01.10.2015

90

    BZF LLC    72,203,785.60    RUB    principal debt under the Non-Revolving Credit Facility Agreement No. 160 dated 14.10.2010 by the court decision on cases No. A19-9461/15; A40-110111/15

91

    Izhstal OJSC    16,595,504.67    RUB    principal debt under the Non-Revolving Credit Facility Agreement No. 12-NKL-I dated 22.07.2010 by the court decision on cases A71-135744/15; A40-8039/15

92

    Izhstal OJSC    1,350,000.00    RUB    principal debt under the Non-Revolving Credit Facility Agreement No. 4-NKL-I on dated 13.02.2009 by the court decision on cases A71-135744/15; A40-8039/15

93

    Yakutugol HC OJSC    5,194,730.88    RUB    principal debt under the Non-Revolving Credit Facility Agreement No. 12 dated 23.04.2010 by the court decision on cases No. A58-3296/2015; A40-110036/15

94

    Southern Kuzbass PAO    400,000.00    RUB    expenses of Sberbank OJSC for payment of state fee under international agreements concluded within the framework of arbitration cases No. No. A40-187413/15; A40-187416/15; A40-187451/15; A40-187412/15

95

    Southern Kuzbass PAO    200,000.00    RUB    expenses of Sberbank PJSC for payment of state fee by the court decision on the case No. A40-159730/2014

96

    CMP PJSC    200,000.00    RUB    expenses of Sberbank PJSC for payment of state fee by the court decision on the case No. A40-83634/15

97

    BZF LLC    200,000.00    RUB    expenses of Sberbank PJSC for payment of state fee by the court decision on the case No. A19-9461/15; A40-110111/15

98

    Izhstal OJSC    292,004.00    RUB    expenses of Sberbank CJSC for payment of state fee by the court decision on the case No. A40-135744/15; A71-8039/15

99

    Yakutugol HC OJSC    74,312.00    RUB    expenses of Sberbank CJSC for payment of state fee by the court decision on the case No. A58-3296/2015; No. A40-110036/15
     

 

      
   TOTAL    3,300,000,000.00    RUB   
     

 

      

 

15