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Annual Report of ACS Group - Grupo ACS

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Directors’ report for the<br />

Consolidated <strong>Group</strong> for 2010<br />

6. Signifi cant events subsequent to year-end<br />

Noteworthy is the completion <strong>of</strong> the takeover bid <strong>of</strong> Hochtief in February 2011 through the swapping <strong>of</strong> <strong>ACS</strong> treasury shares<br />

for Hochtief shares, reaching a 33.49% holding at that time. At the date <strong>of</strong> preparation <strong>of</strong> these fi nancial statements, the<br />

<strong>ACS</strong> <strong>Group</strong> had reached approximately a 37.6% holding in the share capital.<br />

In addition, on 10 February 2011, the <strong>ACS</strong> <strong>Group</strong> signed a non-recourse fi nancing contract in which BBVA acts as an agent,<br />

for the amount <strong>of</strong> EUR 2,059 million, which expands the fi nancing <strong>of</strong> Residencial Monte Carmelo, S.A. (a company that holds<br />

6.58% <strong>of</strong> Iberdrola shares) by three years to 28 December 2014. With this transaction, the <strong>Group</strong> managed to refi nance the<br />

most relevant fi nancing debt that would mature in 2011.<br />

In relation to the legal proceedings that are being pursued at Commercial Court No. 1 <strong>of</strong> Bilbao, in a lawsuit for annulment<br />

<strong>of</strong> the agreement <strong>of</strong> the General Shareholders’ Meeting <strong>of</strong> Iberdrola on 26 March 2010, whereby the Director chosen by<br />

<strong>ACS</strong> resigned by exercising his right <strong>of</strong> proportional representation. On 26 January 2011, notifi cation was received <strong>of</strong> the<br />

judgment dismissing the lawsuit, and not being in agreement with the content <strong>of</strong> said judgment, <strong>ACS</strong> decided to fi le the<br />

appropriate appeal that shall be ruled upon by the Provincial Court <strong>of</strong> Biscay.<br />

7. Outlook for 2011<br />

Certain events in the recently ended year 2010 cause the <strong>ACS</strong> <strong>Group</strong> to undertake its activities in 2011 cautiously, but they<br />

also enable it to have moderated optimism. Although the economic situation in Spain is diffi cult, the recent investments<br />

and the commitment to internationalisation will allow the <strong>ACS</strong> <strong>Group</strong> to continue providing sustainable growth and value<br />

to its shareholders.<br />

The performance <strong>of</strong> Construction activity in 2011 will largely depend on the performance <strong>of</strong> the domestic market and the<br />

development <strong>of</strong> the international markets where the <strong>Group</strong> has a presence:<br />

• On the one hand, construction activity in Spain continues to be affected by the real estate crisis and the drop in public<br />

resources for new infrastructure. Specifi cally, the civil works segment, where the <strong>Group</strong> has greater exposure, will<br />

depend upon the trend in the public accounts and the economic recovery.<br />

• On the other hand, internationally, the outlook for 2011 centres on investing in infrastructure in the United States<br />

and Poland, where the <strong>Group</strong> has made major investment over the past years, in addition to the markets where it<br />

traditionally has a presence such as Portugal and Chile, where <strong>ACS</strong> competes by developing concession and civil works<br />

projects. This growth in internationalisation <strong>of</strong> construction activity will allow it to <strong>of</strong>fset the anticipated drop in activity<br />

in the Spanish market.<br />

The <strong>Group</strong> will continue working to maintain its high operating effi ciency through cost containment and management <strong>of</strong><br />

working capital. These variables are crucial in a business that is so competitive as construction.<br />

In line with the trend <strong>of</strong> the large civil works projects, the concession activity <strong>of</strong> the <strong>ACS</strong> <strong>Group</strong> shows signifi cant opportunities,<br />

based upon the large projects awarded in the last years, mainly international ones, which over the coming years will require<br />

investments similar to those made in 2010, which exceeded EUR 750 million.<br />

In 2011, the <strong>ACS</strong> <strong>Group</strong> is prequalifi ed in several calls for tender for securing projects, and is also ready to continue bidding<br />

on projects which are to be tendered by government bodies in Europe and North America in the near future.<br />

24<br />

ANNUAL REPORT 2010<br />

<strong>ACS</strong> GROUP

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