Additional questions Nieuwerkerk Battery
2-11-2025
Antwoorden d.d. 3-11-2025 door Nieuwerkerk Battery schuin en vet
Battery 's letter , " Ansers Q&A Nieuwerkerk Battery BV _Oct 2025.pdf," several financial details are mentioned. In summary: 
As for the battery indicates : EUR 914,336.92 paid to Trio Battery Solutions BV for supply and installation. To be paid : EUR 399,580.3 (VAT inc ).
1. Is it true that (VAT inc .) does not only apply to “ to be paid ” but also on the already paid amount of € 914,336.92?
If this is the case and the VAT is reclaimed, the overview will look as follows:
You've raised €930,000, and according to the IM, your own contribution amounts to € 319,082, totaling the €1,249,082 required for the investment. In practice, the investment appears slightly higher, and you haven't included the DI and notary fees in the IM. Furthermore, the IM doesn't specify how you pre-financed the VAT .
What do you mean pre-financed VAT?
The reclaimed amounts from Belastingdienst for VAT are shown in 12 September meeting.
Also as Nieuwerkerk Battery BV promised in the meeting, the bank statement has been sent to Duurzam Investere for their review.
2. How can you possibly be experiencing liquidity problems right now ? The €800,000 spent (after VAT refund) is significantly less than the €930,000 raised.
As stated in 12 September meeting, on 12 th of July, Nieuwerkerk Battery BV received €899.625,10. €914.336 paid to Trio Battery Solutions. VAT received: - € 7.839 on 19 Dec 2024 - € 47.816 on 19 August 2025 The bank statements sent to Duurzam Investeren for their review.
3. Liquidity is €46k, so where did the remaining €84k of the raised bond go? I do not understand your calculation. I can explain during the meeting what has been spent and what for. As also stated above, the bank statements sent to Duurzam Investeren.
4. €319,000 contribution from both shareholders did not take place? Can you explain how and when the shareholders made the contribution ? Can we see the statements showing that the shareholders also paid the promised equity divestment ? The contribution did not take place. However there is an agreement made for the equity contribution. If you want, it can be sent for Duurzam Investeren review.
5. How was the obligation for this own contribution of €319,000 transferred to the new shareholder Repono ? The equity contribution will be made to Nieuwerkerk Battery BV.
6. How is it guaranteed that this new shareholder, Repono, will actually realise this contribution? ( How does Repono obtain this money? ) See above answer.
7. How is Nieuwerkerk supposed to pay the remainder of these 1.2 MW batteries (the aforementioned €399,000 including VAT) if it has hardly any cash left and the shareholders are apparently not making their own contribution? The remaining batteries have to arrive and the Nieuwerkerk Battery has to make revenues and the shareholders have to pay the contribution.
8. The total project appears to be approximately €50,000 more expensive than indicated in the IM, mainly due to DI costs that were apparently not budgeted for in advance. How will this be financed? become ?
9. VAT is not taken into account in the IM. How is or will it be pre-financed ? Questions regarding the minutes of the first bondholder meeting:
10. At the first meeting of September 12th, Nieuwerkerk Battery stated: The establishment of the building right is currently being processed by the notary. The deed is expected to be executed in the coming weeks . Has this been resolved now ? While the notary has completed the preparatory work, including drafting the necessary deeds for the Right of Superficies, the process cannot proceed to execution. Volmacht sent to Duurzam Investeren by Nieuwerkerk Battery BV, but Duurzam Investeren mentioned that ‘We must inform you that at this time we are unable to cooperate with your request to sign the VOLMACHT for change ranking of the mortgage. Your request conflicts with the interests of the bondholders of Arinna B.V.’ Therefore, the execution of the deed is currently suspended until this matter with Duurzam Investeren is resolved.
11. The installations were delivered late. This usually leads to fines. The minutes record: Ms. Cigdem Demirel notes that she needs to check whether there was a clause in the contract for late delivery . Did this happen? 4. Scope of work: The Supplier provide a turnkey solution of BESS system. Supplier is responsible for installing and commissioning of the BESS system in accordance with the specifrcations and finish all works with the completion date. The planning, design and installation of the BESS should be in accordance with Applicable Ducth Law, applicable regional standards, and applicable IEC standards. All equipment of BESS shall comply with all applicable approved relevant local and Intemational Standard specifications and codes of practice, including all published amendments. 5.9 If the Supplier fails to complete the Works within fifteen (15) days after the Completion Deadline, the Supplier shall be liable to pay the Buyer Liquidated Damages for delay in the amount of frve hundred Euros (€500) per day of delay until Work completion, up to a maximum of 50 thousand Euros (€50,000). 12.2 The Buyer may terminate this Contract, if (a) the Supplier defaults, fails to carry out the Scope of Work, or otherwise materially breaches this Contract, including gross negligence, fraud, or willful misconduct in the performance of the Services or Work. The Buyer shall provide the Supplier with written notice and an opportunity to cure such breaches within ten (10) days of such notice. If the Supplier fails to cure the breach within this period, or if the breach cannot reasonably be cured within ten (10) days and the Supplier fails to commence and continue to diligently address the breach, the Buyer may, aL its sole discretion, immediately terminate the contract.
12. Nieuwerkerk Battery has promised to provide a specification of the estimated market value of the battery system at the second OHV . Please provide this as soon as possible. It is provided on 17 September after the 12 Sept meeting to Duurzam Investeren as promised. Here you can see the letter sent. 
13. Nieuwerkerk Battery has agreed to provide a parts list for the second meeting. Please provide this now. I do not understand this question.
14. Nieuwerkerk Battery has indicated it expects the other 1.2-megawatt battery within the next two weeks . Why haven't these been delivered yet? That is promised to Nieuwerkerk Battery by Trio Battery Solutions BV. But they did not deliver it.
15. Nieuwerkerk Battery has stated regarding this delivery: If it is not delivered on time, they will take legal action . What is the status of these legal steps? As of today, Nieuwerk Battery has not yet taken formal legal action. While they have stated their intention so many times to do deliver the remaining, the progress is not happened yet. The progress has made by delivering and preparing the initial eight batteries for commissioning. The planned legal steps are contingent on the outcome of the bondholder meeting scheduled for tomorrow, after which a formal course of action will be determined.
16. The chairperson asks whether a notification of default non-delivery is also sent. Ms. Cigdem Demirel replies that she is prepared to look into this . Is this notification sent ? See above
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