JPMorgan - KASE
JPMorgan - KASE
JPMorgan - KASE
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For a discussion of indebtedness and the capitalization of Hurricane, HKM and HOP, see<br />
“Capitalization”, “Management’s Discussion and Analysis of Financial Condition and Results of<br />
Operations — Liquidity and Capital Resources”, “Description of Certain Financing<br />
Arrangements”, Notes 8, 9 and 10 to the unaudited consolidated financial statements included<br />
herein and Notes 10, 11, 12 and 13 to the audited consolidated financial statements included<br />
herein. For a discussion of material guaranteed indebtedness of Hurricane, HKM and HOP, see<br />
“Description of Certain Financing Arrangements”. For a discussion of sources of liquidity to and<br />
their uses by Hurricane, HKM and HOP, see “Management’s Discussion and Analysis of Financial<br />
Condition and Results of Operations — Liquidity and Capital Resources”, “Description of Certain<br />
Financing Arrangements”, Hurricane’s audited and unaudited consolidated statements of cash<br />
flows included herein, Notes 8, 9 and 10 to the unaudited consolidated financial statements<br />
included herein and Notes 10, 11, 12 and 13 to the audited consolidated financial statements<br />
included herein<br />
For a discussion of contingent liabilities of Hurricane, HKM and HOP, see “Business —<br />
Environmental”, “Management’s Discussion and Analysis of Financial Condition and Results of<br />
Operations — Liquidity and Capital Resources” and “Description of Certain Financing<br />
Arrangements”, Note 13 to the unaudited consolidated financial statements included herein and<br />
Note 16 to the audited consolidated financial statements included herein.<br />
General Listing Information<br />
1 Application has been made to list the notes on the Luxembourg Stock Exchange. In<br />
connection with the application to list the notes on the Luxembourg Stock Exchange, copies<br />
of the articles of association of the issuer, and a legal notice relating to the issue of the<br />
notes, will have been deposited prior to listing with the Chief Registrar of the District Court<br />
of Luxembourg (Greffier en Chef du Tribunal d’Arrondissement de et à Luxembourg), where<br />
such documents may be inspected and copies obtained upon request for so long as any of<br />
the notes are outstanding.<br />
2 The issuer was incorporated in the Netherlands on April 6, 2001, with its corporate seat at<br />
Amsterdam, the Netherlands. The registered address is Schouwburgplein 30-34, 3012 CL<br />
Rotterdam, the Netherlands. Other than the issuance of common shares to its parent, HKM,<br />
the issuer has not issued any other securities and, except with regard to the notes, it is not<br />
intended that the issuer will issue any additional securities. In addition, the issuer has not<br />
engaged in any business activity and will be restricted by the terms of the indenture from<br />
engaging in any business activity or undertaking any other activity other than certain<br />
activities relating to the notes. See “Description of the Notes—Certain Covenants—Limitation<br />
on Activities of Issuer and Valsera”.<br />
3 So long as the notes are listed on the Luxembourg Stock Exchange and the rules of the<br />
Luxembourg Stock Exchange shall so require, copies of the statutory documents of the issuer<br />
and the guarantors, the indenture (including the terms of the guarantees) and the<br />
intercompany loan will be available for inspection at the office of the paying agent in<br />
Luxembourg. Hurricane prepares annual audited and quarterly unaudited financial<br />
statements on a consolidated basis in accordance with Canadian GAAP. Hurricane does not<br />
prepare financial statements on an unconsolidated basis, except that Hurricane prepares<br />
annual unconsolidated financial statements for HOP which are prepared in accordance with<br />
IAS and which are only made public in Kazakhstan. So long as the notes are listed on the<br />
Luxembourg Stock Exchange and the rules of the Luxembourg Stock Exchange shall so<br />
require, copies of audited annual consolidated and unaudited quarterly consolidated<br />
financial statements of Hurricane will be available, and may be obtained free of charge,<br />
during normal business hours on any business day (except Saturdays, Sundays and legal<br />
holidays) at the office of the paying and transfer agent referred to in paragraph 8 below.<br />
Hurricane prepares its financial statements in accordance with Canadian GAAP.<br />
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