Skip to main content

AI assistant

Sign in to chat with this filing

The assistant answers questions, extracts KPIs, and summarises risk factors directly from the filing text.

PegBio Co., Ltd. Capital/Financing Update 2018

Oct 18, 2018

50676_rns_2018-10-18_3a3b9ca2-f1ba-4b04-b1d0-86487356ef86.pdf

Capital/Financing Update

Open in viewer

Opens in your device viewer

Hong Kong Exchanges and Clearing Limited and The Stock Exchange of Hong Kong Limited take no responsibility for the contents of this announcement, make no representation as to its accuracy or completeness and expressly disclaim any liability whatsoever for any loss howsoever arising from or in reliance upon the whole or any part of the contents of this announcement.

==> picture [218 x 43] intentionally omitted <==

CMBC Capital Holdings Limited

(Incorporated in Bermuda with limited liability)

(Stock Code: 1141)

SUPPLEMENTAL ANNOUNCEMENT DISCLOSEABLE TRANSACTION IN RELATION TO PROVISION OF FINANCIAL ASSISTANCE

Reference is made to the announcement of CMBC Capital Holdings Limited (the “ Company ”) dated 17 August 2018 (the “ Announcement ”), concerning the provision of financial assistance under the Facility Agreement by CMBCCF, a wholly-owned subsidiary of the Company, to the Borrower. Unless otherwise defined, capitalised terms used in this announcement shall have the same meanings as defined in the Announcement.

In addition to the information provided in the Announcement, the Company would like to provide further information with respect to (1) the shortfall recovery arrangement provided by the Investment Company to CMBCCF and (2) the charged assets.

1. THE SHORTFALL RECOVERY ARRANGEMENT

As part of the security for the Financial Assistance, the Investment Company has provided with a shortfall recovery arrangement. Specifically, the Investment Company entered into a shortfall recovery agreement with CMBCCF with the following terms:

  • (1) where the Borrower does not pay any amount when due under the Facility Agreement (the “ Amount Due ”), CMBCCF shall serve a written notice to the Borrower (the “ Borrower Demand Notice ”) demanding payment of the Amount Due;

– 1 –

  • (2) CMBCCF undertakes that, in the period starting from the date of the Borrower Demand Notice and ending on the date falling one month after the date of the Borrower Demand Notice (the “ Long Stop Date ”), it will use its reasonable endeavours to first proceed against or enforce any other rights or security or claim payment from any person under all other finance documents (the “ Other Enforcement Action ”) before claiming from the Investment Company under the shortfall recovery agreement.

  • (3) (a) If all or part of the Amount Due remains unpaid by the Borrower by the Long Stop Date; and

    • (b) If after the earlier of (i) the date on which CMBCCF has taken all Other Enforcement Action; and (ii) the Long Stop Date, the aggregate amount of the proceeds received by CMBCCF from Other Enforcement Action (the “ Enforcement Value ”) (if any) is less than the Amount Due (and the amount by which (A) the aggregate of the Amount Due and the accrued interest in relation to the Amount Due exceeds (B) the Enforcement Value is hereinafter being referred to as the “ Shortfall Amount ”),

then CMBCCF shall deliver a notice to the Investment Company (the “ Calculation Notice ”) setting out the calculation of the Shortfall Amount.

  • (4) The Investment Company irrevocably and unconditionally undertakes with CMBCCF that it shall within fifteen (15) Business days of the date of the Calculation Notice pay to CMBCCF an amount equal to the Shortfall Amount.

THE CHARGED ASSETS

The “charged assets” mentioned on page 3 of the Announcement means the assets charged under the Facility Agreement which includes the shares of the Borrower and the companies to be acquired by the Borrower.

– 2 –

The above additional information does not affect other information contained in the Announcement.

By order of the Board CMBC Capital Holdings Limited Li Jinze Chairman

Hong Kong, 18 October 2018

As at the date of this announcement, the executive Directors are Mr. Li Jinze, Mr. Ding Zhisuo, Mr. Ng Hoi Kam, the non-executive Directors are Mr. Ren Hailong and Mr. Liao Zhaohui, and the independent non-executive Directors are Mr. Lee, Cheuk Yin Dannis, Mr. Wu Bin and Mr. Wang Lihua.

– 3 –