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20240412_NETV_Transaksi Material Tanpa Persetujuan RUPS_31626081_lamp2.pdf

Asset transaction Needs review NETV

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Page 1
      DISCLOSURE OF INFORMATION TO THE PUBLIC REGARDING MATERIAL
           TRANSACTIONS OF PT NET VISI MEDIA TBK. ("COMPANY")
THIS DISCLOSURE OF INFORMATION TO THE PUBLIC ("DISCLOSURE OF
INFORMATION") IS SUBMITTED IN ORDER TO COMPLY WITH THE PROVISIONS OF
FINANCIAL SERVICES AUTHORITY ("OJK") REGULATION NO. 17/POJK.04/2020 ON
MATERIAL TRANSACTIONS AND CHANGES OF BUSINESS ACTIVITIES ("POJK 17/2020").

IF YOU HAVE ANY DIFFICULTY IN UNDERSTANDING THE INFORMATION CONTAINED IN
THE AMENDMENT AND/OR SUPPLEMENT TO THIS DISCLOSURE OR ARE IN DOUBT IN
MAKING A DECISION, YOU SHOULD CONSULT WITH A SECURITIES BROKER,
INVESTMENT MANAGER, LEGAL ADVISOR, ACCOUNTANT OR OTHER PROFESSIONAL
ADVISOR.




                                 PT NET VISI MEDIA TBK.

                                Domiciled in South Jakarta

                                      Business Activities
  Media Industry, in this case Management (Artists), Television Broadcasting and Production
                      House, Digital Media through Subsidiary Companies
                                        Head Office
                                   Graha Mitra 4th Floor
                             Jl. Jend. Gatot Subroto Kav. 21
             RT 003, RW 002, Karet Semanggi, Setiabudi, South Jakarta 12930
                                   Tel. (62-21) 5050-6100
                                  Fax. (62-21) 2954-6200
                       Email : corporate.secretary@netvisimedia.co.id
                              Website : www.netvisimedia.co.id




              This Disclosure of Information is published on 12 April 2024




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                                      I.       INTRODUCTION
PT Net Mediatama Televisi ("NMT"), one of the Controlled Companies of the Company as defined
in POJK 17/2020, signed Deed of Amendment and Restatement of Credit Facility Agreement No.
101 dated 29 January 2020 made before Yulia, S.H., a Notary in South Jakarta, and lastly amended
by the Third Amendment to the Amendment and Restatement of Credit Facility Agreement dated 27
March 2023 ("NMT Credit Facility"). The Company and NMT intend to settle all outstanding debts
and obligations of NMT to Newton Capital Ltd ("Newton") under the NMT Credit Facility, by way of
the Company (as the borrower) and Newton (as the lender) have entered into a Loan Agreement
dated 5 April 2024 in the amount of Rp882,596,455,151.88 (eight hundred eighty-two billion five
hundred ninety-six million four hundred fifty-five thousand one hundred fifty-one point eighty-eight
Rupiah) (the "Newton Company Loan") that is purposed for the advance payment of capital
injection by the Company into NMT, which will then be used exclusively by NMT for the repayment
of all debts and obligations of the same amount, i.e. Rp882,596,455,151.88 (eight hundred eighty-
two billion five hundred ninety-six million four hundred fifty-five thousand one hundred fifty-one point
eighty-eight Rupiah), owed by NMT to Newton under the NMT Credit Facility. The advance payment
of the capital injection of the Company into NMT in the amount of Rp882,596,455,151.88 (eight
hundred eighty-two billion five hundred ninety-six million four hundred fifty-five thousand one
hundred fifty-one point eighty-eight Rupiah) will be recorded as an increase of the Company's capital
in NMT.
Through this Disclosure of Information, the Company explains that:
1.      Newton is not an Affiliate of the Company.

2.      Based on the Company's Financial Statements as of 31 December 2023 audited by Public
        Accounting Firm Teramihardja, Pradhono & Chandra, the Company is recorded as having
        of: (i) negative net working capital of Rp1,184,259,027,170 (one trillion one hundred eighty-
        four billion two hundred fifty-nine million twenty-seven thousand one hundred seventy
        Rupiah), (ii) negative equity of Rp728,475,759,863 (seven hundred twenty-eight billion four
        hundred seventy-five million seven hundred fifty-nine thousand eight hundred sixty-three
        Rupiah), and (iii) total assets of Rp1,215,005,762,743 (one trillion two hundred fifteen billion
        five million seven hundred sixty-two thousand seven hundred forty-three Rupiah).

3.      Newton Company Loan is a transaction ("Transaction"), which constitute a Material
        Transaction as referred to in Article 3 (3) of POJK 17/2020, with a transaction value of more
        than 10% of the Company's total assets based on the Company's Financial Statements as
        of 31 December 2023 and audited by the Public Accounting Firm Teramihardja, Pradhono
        & Chandra, with an amount of 72.6% (seventy two point six percent) of the Company's total
        assets.

Considering that the Company has negative working capital and negative equity, to perform the
Transaction, the Company is not required to obtain approval from the General Meeting of
Shareholders or use an appraiser to determine the fair value of the object and/or fairness of the
Transaction as regulated in POJK 17/2020 (vide Article 11 (g) of POJK 17/2020), but the Company
still has the obligations to: (i) announce the Disclosure of Information to the public regarding the
Transaction, (ii) submit the Disclosure of Information along with the supporting documents to OJK,
and (iii) report the implementation results of the Transaction in the Company's annual report.




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                      II.     DESCRIPTION OF THE TRANSACTION

A.   The Parties in the Transaction

1.   The Company

     a.     General

            The Company, domiciled in South Jakarta, is a public company established based
            on the laws of Indonesia. The Company was first established under the name of PT
            Putra Insan Permata based on the Deed of Establishment No. 8 dated 23 July 2004,
            made before Hasbullah Abdul Rasyid, S.H., M.Kn., a Notary in Jakarta and
            approved by the Minister of Law and Human Rights of the Republic of Indonesia
            ("MOLHR") No. C-22196 HT.01.01.TH.2004 dated 3 September 2004 ("Company
            Deed of Establishment"). Based on Deed of Shareholders Resolutions No. 121
            dated 23 March 2017, made before Ardi Kristiar, S.H., M.B.A., the substituting
            Notary for Yulia, S.H., a Notary in South Jakarta, the Company changed its name
            from PT Putra lnsan Permata to PT Net Visi Media, as approved by the MOLHR
            based on Decree No. AHU-0007113.AH.01.02.TAHUN 2017 dated 23 March 2017.

            The Company Deed of Establishment was lastly amended based on Deed of
            Resolutions of the Board of Commissioners No. 67 dated 24 February 2022, made
            before Yulia, S.H., a Notary in South Jakarta as notified to the MOLHR pursuant to
            Letter of Receipt of Notification of Amendment of Articles of Association No. AHU-
            AH.01.03-0148827 dated 8 March 2022 ("Company's Articles of Association").

            The following are the Company's contact details:

             Address              :   Graha Mitra 4th Floor, Jl. Jend. Gatot Subroto Kav. 21, RT
                                      003, RW 002, Karet Semanggi, Setiabudi, South Jakarta
                                      12930
             Phone No.            :   (62-21) 5050-6100

             Facsimile No.        :   (62-21) 2954-6200

             Email address        :   corporate.secretary@netvisimedia.co.id


            Based on Article 3 of the Company's Articles of Association, the purposes and
            objectives of the Company are as follows:

            Main business activities:

            (i)       Other consulting management activities
            (ii)      Holding company activities
            (iii)     Other professional, scientific and technical activities not classifiable
                      elsewhere

            Supporting business activities:

            (i)       Creative art performance
            (ii)      Operate as an agent or sponsor of individual artists and theater performers



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     b.     Capital Structure and Shareholding

            Based on the Company's Articles of Association and the Company's Register of
            Shareholders dated 31 March 2024, the latest capital structure and shareholder
            composition of the Company are as follows:

                                             Share capital with par value of Rp100 per share
                                        Number of Shares           Nominal Value (IDR)           %
             Authorized Capital             65,000,000,000              6,500,000,000,000
             Issued and Fully Paid-up
             Capital
             PT Indika Inti Holdiko             1,803,345,894            180,334,589,400        7.69
             PT Semangat Bambu                  2,045,780,331            204,578,033,100        8.72
             Runcing
             PT Sinergi Lintas Media         16,751,872,184             1,675,187,218,400      71.43
             Public (<5% each)                2,852,178,831               285,217,883,100      12.16
             Total Issued and Fully          23,453,177,240             2,345,317,724,000          -
             Paid-up Capital
             Number of Shares in             41,546,822,760             4,154,682,276,000
             Portfolio                                                                             -


     c.     Management and Supervision

            Based on Deed of Restatement of Meeting Resolutions No. 74 dated 19 June 2023,
            made before Yulia, S.H., a Notary in South Jakarta as notified to the MOLHR based
            on the Letter of Receipt of Notification of Company Data Change No. AHU-
            AH.01.09-0130560 dated 22 June 2023, the current composition of the Company's
            Board of Directors and Board of Commissioners is as follows:

            Board of Commissioners

            President Commissioner                                :   Lie Halim
            Commissioner                                          :   Rachmat Nugroho
            Independent Commissioner                              :   Clifford David Rees

            Directors

            President Director                                    :   Deddy Hariyanto
            Director                                              :   Azuan Syahril
            Director                                              :   Fendy Nagasaputra
            Director                                              :   Ferry
            Director                                              :   Sambodo
            Director                                              :   Surya Hadiwinata

2.   Newton Capital Ltd

     a.     General

            Newton Capital Ltd has its address at Kingston Chambers, PO Box 173, Road
            Town, Tortola, British Virgin Islands as a company incorporated under the laws of
            the British Virgin Islands pursuant to its Memorandum and Articles of Association
            dated 28 November 2023, with a registration number of 2137003.

            The following are Newton's contact details:




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                 Address                  :   182 Cecil Street #17-01, Frasers Tower, Singapore 069547
                 Phone No.                :   +65 6212 2166

                 Facsimile No.            :   -
                                          :   randall@indiescp.com
                 Email address
                                              rdemsy@indiescp.com
                                              hkusuma@indiescp.com
                                              newton@indiescp.com


                Newton's business activities are investment companies.

        b.      Capital Structure and Shareholding

                Newton's capital and shareholder structure is as follows:

                          Shareholders            Number of Shares (Common          %
                                                           Shares)
                        Paloma Capital Ltd                    1                    100

        c.      Management and Supervision

                The composition of Newton's management and supervisory is as follows:

                Director                                          :   Neil Colin Gray

B.      Transaction Object

The object of the Transaction is the Newton Company Loan with the details as follows:

        a.      The terms and conditions of the loan based on the Loan Agreement entered into by
                the Company and Newton on 5 April 2024:

                (i)         Parties:

                            •   Newton as the lender
                            •   The Company as the borrower

                (ii)        Loan Value:

                            The total loan amount is Rp882,596,455,151.88 (eight hundred eighty-two
                            billion five hundred ninety-six million four hundred fifty-five thousand one
                            hundred fifty-one point eighty-eight Rupiah).

                (iii)       Loan Interest:

                            The loan is interest-free.

                (iv)        Loan Term:

                            The loan will be due in the sixth month after 5 April 2024. Nonetheless, if
                            the Company opts to settle the loan by way of non-cash settlement, the
                            Company has time to settle the loan on the twelfth month after 5 April 2024.

                (v)         Collateral:

                            The Company as the borrower does not provide collateral for the Newton
                            Company Loan.




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                (vi)     Matters that are prohibited to be done without prior approval from Newton:

                         There are no provisions that require the Company to obtain prior approval
                         from Newton to take certain actions that are material to the Company.

        b.      Nature of Affiliate Relationship

                Newton is not an Affiliate of the Company.


C.      Transaction Value

        The total value of the Transaction is Rp882,596,455,151.88 (eight hundred eighty-two billion
        five hundred ninety-six million four hundred fifty-five thousand one hundred fifty-one point
        eighty-eight Rupiah).

 III.     EXPLANATION, CONSIDERATION AND REASONS FOR THE TRANSACTION AND
         THE IMPACT OF THE TRANSACTION ON THE COMPANY'S FINANCIAL CONDITION

A.      Explanation, Consideration and Reason for Transaction

        In consideration that NMT has an obligation to repay not less than Rp882,596,455,151.88
        (eight hundred eighty-two billion five hundred ninety-six million four hundred fifty-five
        thousand one hundred fifty-one point eighty-eight Rupiah) before the end of April 2024
        under the NMT Credit Facility, the Company has entered into the uncollateralized Newton
        Company Loan, which gives the Company more time and flexibility to prepare and execute
        corporate actions that are possible and necessary to settle the Newton Company Loan by
        prioritizing the best interests of the Company, and all other stakeholders, including the public
        shareholders of the Company, without interest.

B.      Impact of the Transaction on the Company's Financial Condition

        In comparison to the NMT Credit Facility, the Newton Company Loan is non-interest
        bearing, and therefore lessen the cost of financing on the Company as a group.


        IV.     STATEMENT OF THE DIRECTORS AND BOARD OF COMMISSIONERS
1.      The Board of Directors and Board of Commissioners of the Company stated that the
        Transaction is not an Affiliated Transaction and the Transaction does not contain a Conflict
        of Interest as referred to in OJK Regulation No. 42/POJK.04/2020 regarding Affiliated
        Transactions and Conflict Of Interest Transactions.
2.      The Board of Directors and Board of Commissioners of the Company are responsible for
        the accuracy of all information contained in this Disclosure of Information, and after
        conducting careful examination on the information available in connection with the
        Transaction, hereby declare that to the best of the knowledge and belief of the Board of
        Directors and Board of Commissioners of the Company, there is no other important and
        material information related to the Transaction that is not disclosed in this Disclosure of
        Information which may cause this Disclosure of Information to be untrue and/or misleading.




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                            V.      ADDITIONAL INFORMATION
If the shareholders require further information, they may contact the Company at the following
address:
                                  PT NET VISI MEDIA TBK.

                                          Head Office
                                     Graha Mitra 4th Floor
                               Jl. Jend. Gatot Subroto Kav. 21
               RT 003, RW 002, Karet Semanggi, Setiabudi, South Jakarta 12930
                                    Tel. (62-21) 5050-6100
                                   Fax. (62-21) 2954-6200
                        Email : corporate.secretary@netvisimedia.co.id
                               Website : www.netvisimedia.co.id


                                          Sincerely,
                             Board of Directors of the Company




                                              7

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Names mentioned 23 people and organisations named in the text · linked when the evidence is strong

linked org PT Net Mediatama Televisi p.2
linked org Newton Capital Ltd p.2 ×4
linked org PT Indika Inti Holdiko p.4
linked org PT Semangat Bambu p.4
linked org PT Sinergi Lintas Media p.4
linked person Lie Halim p.4
linked person Rachmat Nugroho p.4
linked person Clifford David Rees p.4
linked person Deddy Hariyanto p.4
linked person Azuan Syahril p.4
linked person Fendy Nagasaputra p.4
linked person Surya Hadiwinata p.4
possible person Gatot Subroto p.1 ×3
unresolved org NET VISI MEDIA TBK. p.1 ×6
unresolved org FINANCIAL SERVICES AUTHORITY p.1
unresolved person Yulia · Notaris p.2 ×6
unresolved org PT Putra Insan Permata p.3
unresolved person Hasbullah Abdul Rasyid · Notaris p.3
unresolved org Minister of Law and Human Rights p.3
unresolved person Ardi Kristiar p.3
unresolved org PT Putra p.3
unresolved org General Newton Capital Ltd p.4
unresolved org Paloma Capital Ltd p.5

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