Market update - September 6, 2024

Convening of Atos shareholders and creditors gathered in classes of affected parties to vote on the draft accelerated safeguard plan

Availability of the draft accelerated safeguard plan

Paris, France – September 6, 2024.

 

Convening of the classes of affected parties

By judgment of July 23, 2024, the Specialized Commercial Court of Nanterre opened an accelerated safeguard proceedings for the benefit of Atos SE (the “Company”), for an initial period of two months, which may be renewed for two additional months.

As a reminder, the sole objective of the accelerated safeguard proceedings, which only involves financial creditors and shareholders, is to implement and obtain a Court approval on the terms of the financial restructuring plan agreed in the Lock-Up Agreement[1], the conclusion of which was announced by the Company in its press release of July 15, 2024. It only relates to the financial indebtedness of Atos (Revolving Credit Facility, Term Loan and bonds) and does not impact suppliers, employees, the governance of the Company, or other claims held by the creditors of the Company or its subsidiaries.

The Specialized Commercial Court of Nanterre appointed SELARL FHBX, represented by Maître Hélène Bourbouloux, and SELARL AJRS, represented by Maître Thibaut Martinat, as judicial administrators with supervisory role.

In this context, the members of the classes of affected parties, Atos shareholders and creditors concerned, are convened to vote on the draft accelerated safeguard plan submitted to them.

The classes of affected parties will thus be able to vote on the draft plan, all in accordance with the specific procedures set out in the internal rules governing the classes of affected parties and the convening notices:

• either, in the case of creditors concerned, electronically between September 6, 2024 at 12:00 p.m. and September 26, 2024 at 12:00 p.m. (with the votes being recorded on September 27, 2024);
• or, in the case of shareholders, in person at the meeting of the class of shareholders to be held on Friday, September 27, 2024 at 2 p.m. or by post, by proxy or electronically in accordance with the terms and conditions set out in the notice of meeting serving as the convening notice.

The convening notices, as well as the notice of meeting serving as the convening notice for the shareholders’ class, are subject to legal publicity and were published in the bulletin of mandatory legal notices (Bulletin des annonces légales obligatoires – BALO) and a legal notices newspaper today. They are also accessible, along with the internal rules of the classes of affected parties and the voting procedures and all the documents that must be made available to creditors and shareholders under the applicable legal and regulatory conditions, on Atos website, www.atos.net, under the heading Investors, Financial Restructuring.

The classes of affected parties, including the class of shareholders, will vote on a single resolution, namely the approval of the accelerated safeguard plan of Atos.

Availability of the draft accelerated safeguard plan

The draft accelerated safeguard plan, prepared by the Company with the assistance of the judicial administrators, on the basis of which all classes of affected parties will vote, is now available on Atos website, www.atos.net, under the heading Investors, Financial Restructuring, it being specified that this draft accelerated safeguard plan may be amended up to 10 days before the voting date in accordance with applicable legal and regulatory provisions, of which the affected parties will, where applicable, be duly informed.

The results of the votes will be published on Atos website at the end of the vote of the classes of affected parties.

The technical terms and conditions of the equity transactions provided for in the draft accelerated safeguard plan to be submitted to the Specialized Commercial Court of Nanterre for review, and the transactions to be carried out subsequently, are described in further detail in a document available on Atos website, www.atos.net, under the heading Investors, Financial Restructuring.

Click here to download the PDF

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About Atos

Atos is a global leader in digital transformation with c. 92,000 employees and annual revenue of c. €10 billion. European number one in cybersecurity, cloud and high-performance computing, the Group provides tailored end-to-end solutions for all industries in 69 countries. A pioneer in decarbonization services and products, Atos is committed to a secure and decarbonized digital for its clients. Atos is a SE (Societas Europaea), and listed on Euronext Paris.

The purpose of Atos is to help design the future of the information space. Its expertise and services support the development of knowledge, education and research in a multicultural approach and contribute to the development of scientific and technological excellence. Across the world, the Group enables its customers and employees, and members of societies at large to live, work and develop sustainably, in a safe and secure information space.

Contacts

Investor relations: David Pierre-Kahn | investors@atos.net | +33 6 28 51 45 96

Individual shareholders: 0805 65 00 75

Press contact: globalprteam@atos.net

^[1]    A Lock-Up Agreement is an agreement under the terms of which the signatories undertake to support and carry out any steps or actions reasonably necessary for the implementation and completion of the Company’s financial restructuring. The conclusion of this agreement makes it possible to gather the support of restructuring stakeholders who are not directly involved in the discussions.