DocuSign Envelope ID: ADBFB9A6-FC4C-46EC-8FBE-0751E0C5E2F6
3 LATAM
ESSENTIAL FACT
LATAM AIRLINES GROUP S.A.
Registration of Securities Registry No. 306
Santiago, November 3, 2022
Mrs. Solange Berstein Jáuregui,
President of the Financial Market Commission,
Av. Libertador Bernardo O’Higgins 1449, Santiago.
Ref.: Exit from the Chapter 11 Procedure / Summons to Extraordinary Shareholders’ Meeting.
From our consideration:
In accordance with the provisions of Article 9 and the second paragraph of Article 10% of the Securities Market Law, and General Rule No. 30, duly authorized, I report the following ESSENTIAL FACT of LATAM Airlines Group S.A. (“LATAM” or the “Company”), registration Securities Registry No. 306:
1. The effective date (the “Effective Date”) of LATAM’s reorganization and financing plan (the “Reorganization Plan”) that has been approved and confirmed in its reorganization proceeding in the United States of America (the “Chapter 11 Proceeding”) under the rules set forth in Chapter 11 of Title 11 of the United States Code, has occurred with this date, November 3, 2022, as previously reported by the Society. Consequently, with this same date the Company, together with its various subsidiaries that were part of the Chapter 11 Proceeding, have emerged from it.
As reported in the Essential Fact of October 26, 2022, according to the terms of the Reorganization Plan and the fourth transitory article of the Company’s bylaws, as soon as the Effective Date occurs, the Board of Directors will convene an Extraordinary Shareholders’ Meeting to proceed with the total renewal of the Company’s Board of Directors.
For the purposes of what is indicated in point 2 above, the Board of Directors, in an extraordinary meeting held on this same date, has agreed to summon its shareholders to an Extraordinary Shareholders’ Meeting (the “Meeting”), which will be held remotely, for November 15, 2022, at 12:00 noon, in order to know and pronounce on the following matters:
to. Inform shareholders about the exit from Chapter 11 Proceeding and the implementation of the Reorganization Plan.
b. Proceed to the total renewal of the Board of Directors.
c. Decide on the remuneration of the Board of Directors and the Directors’ Committee; and on the latter’s budget.
Holders of shares registered in the Shareholders’ Register at midnight on the fifth business day preceding the day of its celebration, that is, registered at midnight on November 9, 2022, shall have the right to participate in the Meeting, and to exercise their right to speak and vote therein.
As indicated, it has been resolved that the Board be held remotely, in order to prevent people who attend it from exposing themselves to contagion. To do this, the shareholder interested in participating in the Meeting, or his representative, must, until 3:00 p.m. the day before the Meeting, register on the website https://autenticacion.dcv.cl/ OR send an email to box [email protected], expressing his interest in participating in the Meeting, attaching a scanned image of his identity card on both sides or his passport; of power, if applicable; and the application form for participation to the Board. The Meeting will be carried out by the Zoom videoconferencing platform and voting by acclamation or voice voting, or through the electronic voting platform provided by DCV Registros S.A. which will be entered through the Click8Vote platform, through the link “Join the Board”. The rest of the required documentation and the information with more detail regarding how to register, participate and vote remotely to the Meeting and other aspects that are appropriate for this purpose, will be available and communicated in a timely manner through an instruction that will be uploaded to the website of the Company, www.latamairlinesgroup.net.
The notices of call will be published in the newspaper La Tercera on November 5, 8 and 10, 2022.
Shareholders may obtain a copy of the documents that support the matters on which the Meeting will be informed, as of November 5, 2022, on the Company’s website, www.latamairlinesgroup.net. In addition, any shareholder who wishes to obtain a copy of these documents may contact, also as of November 5, 2022, the Company’s investor service department at the [email protected] email address or telephone (562) 2565-3844, for this purpose.
Finally, with this date, a supplement to the Reorganization Plan has been filed in the Chapter 11 Proceeding file with documents granted in the context of the termination of the Chapter 11 reorganization process, which includes, among others, a Registration Rights Agreement.
Without further ado, greets you very sincerely,
DocuSigned by:
ROBERTO ALUO
2D35377492ED44C
Roberto Alvo M.
General Manager
LATAM Airlines Group S.A.
2
Link to the file in CMFChile: https://www.cmfchile.cl/sitio/aplic/serdoc/ver_sgd.php?s567=46a8c22a0c8eeb40dcb960eed50cf94fVFdwQmVVMXFSWGhOUkZGNVRWUkJNMDlSUFQwPQ==&secuencia=-1&t=1682376108