Toesca.
Santiago, May 11, 2023
Mrs. Solange Berstein Jáuregui
President
Financial Market Commission
Avda. Libertador Bernardo O’Higgins 1449
Present
Ref: ESSENTIAL FACT
Sale of Assets
Toesca Infrastructure Investment Fund (the Fund)
Madam President:
In accordance with the provisions of Article 18 of Law 20,712 and Articles 9 and 10, second paragraph of Law No. 18,045 of the Securities Market Law, the undersigned, duly empowered by the Board of Directors of Toesca S.A. Administradora General de Fondos (the “Administrator”), according to a resolution adopted by the unanimous vote of its members in a meeting held today, hereby informs the following as a Material Fact:
On this date, the Manager, acting on behalf of the Fund, has entered into a Share Purchase Agreement (“SPA”) by virtue of which the Fund has agreed to sell, assign and transfer to Aguas Nuevas S.A. and EnerNuevas SpA, in the proportion indicated in the SPA, 6,800,900 shares (the “Shares”) owned by the Fund in Nueva Atacama S.A., representing 50% of the total issued, subscribed and paid-in shares of Nueva Atacama S.A., representing 50% of the total issued, subscribed and paid shares of said company, as well as all the credits that the Fund has against it.
We estimate that the impact of the disposal of the Shares will be positive for the Fund and for the value of its quota, since the sale, assignment and transfer of the Shares, once materialized, will generate a financial gain.
The definitive closing of this transaction is subject, among other conditions, to obtaining the approval of the National Economic Prosecutor’s Office. The Manager estimates that the closing will take place within the next three months.
Yours sincerely yours,
Copy: Santiago Stock Exchange, Bolsa de Comercio de Santiago, Stock Exchange
Bolsa Electrónica de Chile, Chilean Stock Exchange
Link to the file in CMFChile: https://www.cmfchile.cl/sitio/aplic/serdoc/ver_sgd.php?s567=584c87409976d3e8fa835d8645ed4785VFdwQmVVMTZRVEZOUkVsM1RrUmpOVTlSUFQwPQ==&secuencia=-1&t=1683842521
