2
ANDEAN WATERS
ESSENTIAL FACT
AGUAS ANDINAS S.A.
Registration of Securities Registry No. 0346
Santiago, August 26, 2022.
Mrs Solange Berstein, President
Financial Market Commission
Av. Libertador Bernardo O’Higgins 1449
Present.
Dear Sir or Madam:
Aguas Andinas S.A., an open corporation registered in the Securities Registry under No. 0346, by virtue of the provisions of Article 9 and second paragraph of Article 10 of Law No. 18,045 and General Rule No. 30 of the Commission for the Financial Market, hereby communicates as essential information regarding the Company, of its businesses, of its public offering securities or of the public offering thereof, the following:
On August 25, the Company was notified of various claims for compensation of damages for alleged breaches of guarantee of indemnity and breaches of contract, as well as two subsidiary claims of those, filed in arbitration proceedings against it by Eco Acquisitionco SpA, which are related to the sale and transfer of the direct and indirect participation of Aguas Andinas S.A. in Empresa de Servicios Sanitarios de Los Lagos S.A. (“ESSAL”), finalized in October 2020. The lawsuits filed claim the payment of compensation for the total amount of $ 65,222,222,373.-
In the opinion of Aguas Andinas S.A., the aforementioned claims are unfounded and, ultimately, should be rejected.
However, and in any case, in the aforementioned sale and assignment operation, Aguas Andinas assumed the usual responsibilities in an operation of these characteristics, which is limited to the total amount of US$ 11,500,000. In addition, the contracts signed provide for additional limitations of liability for individual loss amounts, timing of claims, insurance recovery, losses arising from certain facts previously known to the buyer, among others; circumstances that Aguas Andinas S.A. will assert in the corresponding procedural opportunities so that the claims in question are rejected in their entirety.
Sincerely yours,
Digitally signed
Marta Colet
General Manager
Copy to: Santiago Stock Exchange, Santiago Electronic Exchange, Fitch Ratings, Risk Classifier, ICR Risk Classifier, Bank of Chile.
Link to file in CMFChile: https://www.cmfchile.cl/sitio/aplic/serdoc/ver_sgd.php?s567=e08231e631f73231c81d5f393ff9645dVFdwQmVVMXFRVFJOUkUxNlRsUk5lRTFuUFQwPQ==&secuencia=-1&t=1682376108
