Civil / Li Xing
Are Gu Yueting and constant big around FF " does control counterpoise " contend for wanted to come to an end on October 25? Blame also!
Through bilateral that day arbitral result " who is defeated by to win " stick to one's argument after publishing opinion on public affairs, yesterday (on October 27) early in the morning, faraday Future (FF) in the light of the report of partial media and constant big announcement content gave out with " white with black " pursue to match " the solemn statement that files urgent relief arbitration to win victory about FF " .
Big to constant health is divided in statement (0708, HK) outside undertaking at the announcement content that released a few days ago one by one is refuted, still point out, "In the light of constant big health not considers the announcement of market of capital of legal fact, misdirect, FF reserves the right that takes legal action further. FF reserves the right that takes legal action further..
After FF and Heng Dashuang Fang Zaijian point to capital of misdirect of the other side and public, put forward to take legal step at the same time, this one act lets " masses eating melon " , again " muddled circle " .
Argue: Whether is financing authority involved
On October 25, hong Kong international arbitrates the center releases FF to tighten emergency treatment aid healthily to file a result greatly to constant.
That day, constant all is in with FF greatly released announcement harmony external for a short while bright, it is both sides announces content angle only completely different, all showing his fully is triumphal one party.
FF was released with " FF applies for urgent arbitration to win victory to open global financing formally in the round " titled statement, point out " the is aimed at constant big health urgent relief application that FF arbitrates in Hong Kong international the center is referred gains decisive victory, constant of adjudication of the member that arbitrate cannot prevent FF to get fund from other financing channel again greatly. Constant of adjudication of the member that arbitrate cannot prevent FF to get fund from other financing channel again greatly..
And the announcement that constant big health issues says, when the member that arbitrate rejects Smart King to strip thoroughly, clever financing agrees with the application of authority, remove at rejecting what its put forward suddenly earlier the application of hypothec of Season Smart asset. As temporarily deliverance measure, the member that arbitrate agrees with Smart King to undertake having the financing of strict requirement, among them new value of the appraise after the appraise value of a financing must not be cast under Shi Ying, shi Ying is enjoyed new preferential buy right; It is before final arbitration external financing forehead must not exceed 500 million dollar.
Stem from pair of constant to give out greatly the dissatisfaction of announcement content, FF issues statement once more now, content of big to afore-mentioned constant healthy announcement undertakes one by one refute, and constant also is in greatly had a return to its content for a short while.
Among them, in be aimed at announcement of constant big health, put forward " the application that when the member that arbitrate rejects Smart King to strip thoroughly, clever financing agrees with to counterpoise " say, FF respect points out do not accord with completely with the fact.
FF statement says, according to book of urgent relief adjudication, FF is in urgent relief arbitration is medium do not have relevant appeal to beg. And the application that the 500 million U.S. dollor that FF puts forward replaces financing to counterpoise obtains arbitral front courtyard to support in the round.
Announcement of constant big health is intended the FF in another arbitration appeal to beg with aid of close emergency treatment is promiscuous, practise fraud, released erroneous information to capital market not only, serious misdirect shareholder, it is the public opinion that produced fact of be bad law more, becloud media and public.
Constant experting area is specific in the response, according to the urgent and arbitral result that the company gets, hong Kong arbitral center already rejected Gu Yueting the application that big financing of thoroughly privative constant agrees with to counterpoise. Arbitral front courtyard allows FF to undertake having the financing of strict requirement, it is to consider FF already was close to going bankrupt at present.
Notable is, the upper limit of amount of financing of 500 million dollar that in adjudicating a result, alludes, it is the acceptance in the compensatory agreement that constant signed with FF this year in July greatly, be in namely FF5 pays fund of subscribe of 100 million dollars inside year this year.
Nevertheless, the reporter learns solely, afore-mentioned FF obtain " financing of 500 million dollar counterpoises " inside the fund of subscribe of 1.2 billion dollar that does not include to did not pay greatly in constant, gain financing right newly however, and constant is had greatly preferential buy right.
FF respect points out, reject to pay financing the money for the obligation in arbitrating front courtyard rejected constant to did not fulfil an agreement with FF greatly (the 500 million U.S. dollor that ought pay ahead of schedule this year namely) formulation.
Constant experting face also expresses, if FF can satisfy the requirement of compensatory agreement this year, constant still will pay 500 million dollar to give FF inside this year greatly.
Nevertheless, a personage that is close to FF respect tells a reporter, although constant is big,have to specified number of capital of this 500 million be in harmony preferential buy right, but premise is, the equity of Smart King company that constant acquires greatly must not exceed 45% .
This year on June 25, constant big health ever released announcement to say, this company buys the 100% share of clever company when Hong Kong with 6.746 billion HK dollar, acquire Smart King company secondhand the equity of 45% , become this firm the biggest partner, enter thereby advocate FF. And clever company is Heng Dajian when Hong Kong below Kang Qi 100% control share company.
At present till, to arbitral front courtyard whether " big financing of thoroughly privative constant agrees with FF authority applies for " undertake disallowance, side argument of FF and Heng Dashuang is differ, after all to who who is wrong, the outside still final conclusion of have no way.
Refute: "Be defeated win " theory
Not only such, to be being denied then " reject what FF puts forward suddenly to remove the application of hypothec of Season Smart asset " the view that both sides gives out also each are not identical. In today's statement, FF respect undertook contradictory again, think afore-mentioned views and fact not conform to.
FF statement expresses, "Adjudication book shows, arbitral front courtyard did not make any rulings with respect to this one application, will rule in another arbitration however this item. Will rule in another arbitration however this item..
Nevertheless, afore-mentioned immediateness the public figure with great constant discloses to the reporter, gu Yueting puts forward suddenly in dispatch of arbitral October 18 listen to want the new application of hypothec of privative constant big capital fund, and the member that should apply for to already was cut into parts by urgent intermediate was rejected October 22, relevant law copy clerk already allotted that day, because the arbitral book this October 25 repeats no longer.
With afore-mentioned immediateness the public figure with great constant thinks: "Gu Yueting comes to the public with arbitrating was not narrated in the book on October 25 ' suggestion ' arbitral front courtyard never rejects asset hypothec, apparently promiscuous seeing and hearing. Apparently promiscuous seeing and hearing..
In the meantime, this personage emphasizes, constant big health serves as appear on the market company, the news briefing of announcement content is very rigorous, can bear legal responsibility. If announcement has a problem, hong Kong arbitral center also won't sit by and watch no matter.
Nevertheless, FF still expresses in statement, in the light of constant big health not considers the announcement of market of capital of legal fact, misdirect, FF reserves the right that takes legal action further.
To FF this with one action is moved, constant also expresses to be willing to receive greatly action. Afore-mentioned immediateness the public figure with great constant discloses to the reporter, change concept, promiscuous seeing and hearing secretly in solemn statement in view of FF and Gu Yueting, misdirect public, constant is at present big interior is studying with lawyer group, consider pair of FF and Gu Yueting to lodge a complaint.
FF and constant mostly the opinion on public affairs that the sword points to the other side is misdirect capital and misdirect public, put forward to take legal step at the same time, this one act lets eat melon masses " muddled circle " .
FF states middle finger goes out, big health of constant of adjudication of arbitral front courtyard will be in charge of paying FF this urgent relief arbitration relevant law fee, belong to the legal obligation that loses a lawsuit to just should be fulfilled, this also is the direct evidence that constant defeat utterly appeals to. Disclose according to afore-mentioned personages that are close to FF respect, in the urgent arbitration of the end, arbitral center sentences constant to recoup the legal cost of FF580 much HK dollar greatly.
But disclose according to personage of know the inside story, gu Yueting initiates arbitral litigant expenses to exceed 20 million yuan, this charge comes from Yu Heng's big investment money entirely.
Afore-mentioned immediateness the public figure with great constant expresses, urgent arbitration belongs to critical benefit to help measure, say in jural nonexistent triumph, be in however appeal to bilaterally beg between search a balance, reject what harm interest of the other side badly to appeal to beg.
