Nyrstar NV – Petition for interim measures received on 11 March 2024
12 March 2024 - 4:00PM
Nyrstar NV – Petition for interim measures received on 11 March
2024
Regulated Information
Nyrstar NV – Petition for interim measures
received on 11 March 2024
12 March 2024 at 06.00 CET
Nyrstar NV (the "Company") today provides an
update on certain proceedings initiated against, among others, the
Company and its board of directors by certain shareholders of the
Company.
The Company advises that, on 11 March 2024,
certain shareholders have filed a petition for interim measures
with the Antwerp Enterprise Court (Turnhout division). This
petition was filed within the procedural framework of the liability
proceedings on the merits initiated by these plaintiff shareholders
with a writ of summons dated 29 May 2020 (see also link). As a
reminder, these proceedings were introduced in court on 18 November
2020 but were immediately sent to the docket at the request of the
plaintiff shareholders.
In this petition, the plaintiff shareholders
request the court to grant the following interim measures:
- the appointment of a provisional administrator in the Company,
for a period of 12 months with the possibility of extension, at
least until a decision with res judicata effect is rendered in the
proceedings on the merits, with the assignment to provisionally
take over all tasks of management and administration in the
broadest sense;
- the suspension ex nunc of the enforceability of all, at least
part of the obligations under the Limited Recourse Loan Facility
concluded between the Company and NN2 Newco Limited, until a
decision with res judicata effect is rendered in the proceedings on
the merits and at least for the entire duration of the mandate of
the provisional administrator or ad hoc trustee (see
below);
- an order against, among others, the Company to produce a series
of documents within a period of 48 hours from the verdict to be
rendered, on a penalty fine of EUR 25.000 per day of delay.
In subordinate order, the plaintiff shareholders
request the appointment of an ad hoc trustee in the Company with a
specific mandate for a period of 12 months with possibility of
extension, at least until a decision with res judicata effect is
rendered in the proceedings on the merits. The plaintiff
shareholders also demand that the Company be ordered to advance the
costs of the provisional administrator or ad hoc trustee. The
plaintiff shareholders request the court to refer the remainder of
the case back to the docket.
The Company further advises that the plaintiff
shareholders have filed similar requests on multiple occasions
since 2019 and refers to its website where a detailed overview of
the current and completed proceedings is available at:
https://www.nyrstarnv.be/en/investors/restructuring/summary-of-ongoing-proceedings
The Company contests the allegations of the
plaintiff shareholders. It will further review the petition and
will defend its position in the court proceedings.
About Nyrstar NV
The Company is incorporated in Belgium and listed on Euronext
Brussels under the symbol NYR. For further information please visit
the Nyrstar NV website: www.nyrstarnv.be
For further information contact:
Anthony Simms - Head of
External Affairs & Legal
anthony.simms@nyrstarnv.be
- 2024 03 12 Nyrstar NV Press release interim measures 2024
EN
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