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According to such preparations, the deal between the Complainants and the Fourth Respondent was equity investment in name, but a borrowing with an annual rate of interest of 15% certainly. Therefore, the 1.5 billion yuan in fee to the Fourth Respondent by the Complainants ought to be recognized as borrowings, to not be repaid by shareholders or precise controller of the Fourth Respondent. Therefore, the cash ought to be repaid by the Fourth Respondent to the Complainants as a borrowing. The Supplemental Agreement stipulated common fee of fastened quantities of returns and repurchase arrangements in Article 5 and Article four.1. Even though the Capital Increase Agreement and the Supplemental Agreement are not to be revoked , the Complainants’ investment in the Fourth Respondent had actually constituted a debt in the disguise of fairness.

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According to the agreed calculation methodology, as of March 12, 2020, the First and Second Respondents shall jointly and severally pay 701,666,666.sixty seven yuan, 691,458,333.33 yuan, and 691,041,666.sixty seven yuan respectively to the First Complainant, the Second Complainant, and the Third Complainant in equity acquisition prices, a total of two,084,166,666.sixty seven yuan. The First, Second and Third Complainants paid 500 million yuan in elevated capital to the Subject Company on May eight, June 26 and June 28, 2017 respectively, a total of 1.5 billion yuan. Therefore, the satisfaction of the circumstances for equity repurchase was on no account related to the Complainants. The First and Second Respondents shall pay damages to the Complainants for their failure to pay the fairness acquisition prices in a well timed manner. Find A World Legislation ExpertFind A International Regulation Expertfind a international regulation professionalHuzhou law firmHuzhou Law Firm

The freezing of SMI Shengdian’s and SMI International’s equities, the imposition of market access denial on Qin Hui and the Subject Company’s itemizing as a defaulter without credit all happened in August 2018, earlier than the Respondents entered into different deals with different parties. Repurchase, third get together acquisition, valuation adjustment mechanism and common dividend distribution are its typical types.

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