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贾跃亭再次起诉剥夺时颖资产抵押权 FF被曝拟两年后上市
作者:admin 发布于:2018-12-01 11:52

贾跃亭和恒大之间的战争还在继续,丝毫没有要结束的意思。11月12日晚间,恒大健康公告称,11月12日,合资公司再次向香港仲裁中心提出紧急申请,要求剥夺时颖的资产抵押权。此前,紧急仲裁员已驳回合资公司提出的剥夺时颖资产抵押权的申请。
 
The war between Jia Yueting and Hengda is still going on, and there is no intention of ending it. On the evening of November 12, Hengda Health Bulletin said that on November 12, the joint venture company again filed an urgent application with the Hong Kong Arbitration Center for the deprivation of Shiying's mortgage of assets. Earlier, the Emergency Arbitrator had rejected the joint venture company's application for the deprivation of Shiying's asset mortgage.
 
 
 
这已经是贾跃亭第二次向香港仲裁中心提出要求剥夺时颖的资产抵押权了。
 
This is the second time that Jia Yueting has filed a claim with the Hong Kong Arbitration Center for the deprivation of Shiying's asset mortgage.
 
 
 
根据恒大健康10月25日的公告内容,贾跃亭在10月3日向香港仲裁中心提出仲裁,要求剥夺恒大作为股东享有的有关融资的同意权,并解除所有协议。法拉第未来(Faraday Future)称,“FF解除所有协议”的唯一原因是因为恒大未能实现其意图,继而拒绝支付其已同意支付的资金。同时宣称,提起仲裁是因为“投资方恒大单方面对于与FF母公司早前所签订的投资合约条款出现多条违约”。
 
According to the announcement of Hengda Health on October 25, Jia Yueting submitted an arbitration to the Hong Kong Arbitration Center on October 3, demanding that Hengda be deprived of its consent to financing as a shareholder and that all agreements be rescinded. According to Faraday Future, the only reason FF rescinds all agreements is that Evergrande failed to fulfil its intentions and then refused to pay the funds it had agreed to pay. At the same time, it claims that the arbitration was initiated because "the investor Hengda has unilaterally breached several terms of the investment contract signed earlier with FF parent company".
 
 
 
 
 
恒大方面则表示,贾跃亭在18号仲裁聆讯中突然提出要剥夺恒大资产抵押权的新申请,而该申请已被紧急仲裁员于22号驳回,相关法律文书已于当日下发,因此25日的仲裁书不再重复。
 
Hengda said that Jia Yueting suddenly raised a new application to deprive Hengda of the mortgage of its assets in the 18th arbitration hearing, which was rejected by the emergency arbitrator on the 22nd. The relevant legal documents were issued on the same day, so the arbitration letter of the 25th day will not be repeated.
 
 
 
而FF方对此则有不同的回答。
 
FF has different answers to this question.
 
 
 
当时FF在声明中控诉恒大关于要求恒大解除资产抵押权的申请被仲裁庭驳回的说法与事实不符。FF称,仲裁庭并没有就这一申请作出任何裁定,而是将在另一仲裁中裁定该事项。
 
At that time, FF complained in its statement that Hengda's application for rescission of assets mortgage was rejected by the arbitral tribunal, which was not in accordance with the facts. FF stated that the arbitral tribunal did not make any decision on the application, but would decide the matter in another arbitration.
 
 
 
此前曾有接近恒大的人士表示,贾跃亭提出“彻底剥夺恒大融资同意权的申请”以及“解除恒大资产抵押权的新申请”均无法获得仲裁中心支持,只给予贾跃亭有严格条件的融资权。
 
Prior to that, people close to Hengda said that Jia Yueting's "application for the complete deprivation of Hengda's financing consent right" and "new application for the termination of Hengda's assets mortgage right" could not be supported by the arbitration center, and only gave Jia Yueting a strictly conditional financing right.
 
 
 
对于贾跃亭此前提起的仲裁,恒大已经作出反诉。
 
Hengda has already countersued the arbitration brought by Jia Yueting before.
 
 
 
针对FF方面提出的仲裁,恒大已经作出反诉。
 
Evergrande has made a counterclaim against the arbitration proposed by FF.
 
 
 
恒大健康在11月7日公告称,时颖对贾跃亭和合资公司Smart King 提出仲裁全面反诉,要求贾跃亭和合资公司履行合约。贾跃亭和合资公司强行赶走时颖委派的出纳员,强行阻止时颖财务人员进场进行财务审查,造成时颖无法知悉合资公司的财务状况。按照股东协议,时颖有权进行财务审查并向合资公司委派出纳员,同时约定如果出纳员七天不签字即视为同意付款。同时,因合资公司拒绝提供财务资料及相关文件,时颖委任的合资公司的董事向开曼群岛大法院提出诉讼,要求法院命令合资公司提供所有财务资料及相关文件。
 
Hengda Health announced on November 7 that Shi Ying had lodged an arbitration counter-claim against Jia Yueting and Smart King, the joint venture company, demanding that Jia Yueting and the joint venture company fulfil their contracts. Jia Yueting and the joint venture company forcibly evicted the cashiers appointed by Shiying and forcibly prevented Shiying's financial personnel from entering for financial review, which made Shiying unable to know the financial situation of the joint venture company. According to the shareholder agreement, Shi Ying has the right to conduct financial review and appoint a cashier to the joint venture company. At the same time, it is agreed that if the cashier does not sign for seven days, he will be deemed to agree to pay. At the same time, because the joint venture company refused to provide financial information and related documents, the director of the joint venture company appointed by Shi Ying filed a lawsuit with the Cayman Islands Court, asking the court to order the joint venture company to provide all financial information and related documents.
 
 
 
贾跃亭在香港对恒大提起仲裁的同时,还向美国加州中区法院提交了诉状,申请确认并强制执行由香港仲裁庭做出的紧急救济裁决。
 
While filing an arbitration case against Evergrande in Hong Kong, Jia Yueting also submitted a petition to the Central District Court of California of the United States for confirmation and enforcement of the emergency relief award made by the Hong Kong Arbitration Tribunal.
 
 
 
FF全球财务副总裁Michael Agosta称,“这项裁决为FF筹集新资金铺平了道路,我们已经与新的潜在投资者进行了积极的讨论。”
 
Michael Agosta, FF Vice President of Global Finance, said, "This ruling paves the way for FF to raise new funds, and we have had active discussions with new potential investors."
 
 
 
在FF提交的诉状中,FF认为恒大暂停支付投资款的做法似乎是故意让FF耗尽现金,让FF走向破产,以避免履行后续的支付责任并借此获得FF最有价值的资产。
 
In the complaint filed by FF, FF considered that Evergrande suspended the payment of investment funds as if it intentionally let FF run out of cash and let FF go bankrupt in order to avoid fulfilling its subsequent payment obligations and obtain the most valuable assets of FF.
 
 
 
FF被曝拟两年后上市
 
FF is scheduled to go public in two years
 
 
 
11月12日,有媒体爆出法拉第未来(Faraday Future,简称FF)在上周举行的高管会议中决定在2020年启动IPO,这比FF原计划的上市时间提前了3到4年。
 
On Nov. 12, the media revealed that Faraday Future (FF) decided to launch its IPO in 2020 at a meeting of executives held last week, three to four years ahead of FF's planned listing date.
 
 
 
针对FF将在2020年进行IPO的消息,FF方向回应称不予置评,但介绍称,FF上周确实举行了高管会议,签约投行斯提夫尔(Stifel)带了四五拨投资人到访FF并进行了相关沟通交流,希望能够尽快解决资金危机,推进FF 91量产工作。
 
In response to the news that FF will launch its IPO in 2020, the FF direction said it would not comment, but the introduction said that FF did hold a senior management meeting last week. Stifel, the contracting investment bank, brought four or five groups of investors to visit FF and communicated with each other, hoping to solve the financial crisis as soon as possible and promote the production of FF 91.
 
 
 
FF相关知情人士介绍,据称FF目前的估值超过100亿美元,超过恒大进入时45亿美元的估值。
 
According to people familiar with FF, FF's current valuation is said to exceed $10 billion, exceeding the $4.5 billion valuation of Evergrande when it entered.
 
 
 
据美国科技媒体The Verge报道,如果再没有新的投资引进,FF将在12月中旬彻底耗尽资金。在今年9月初,FF仅仅拥有1800万美元的现金,在10月初,FF已经对供应商形成了5900万美元的欠款。The Verge评论称,FF的愿望是推进FF91量产,但FF目前的目标应该是活下去。
 
According to The Verge, the US technology media, FF will run out of funds in mid-December if no new investment is introduced. In early September, FF had only $18 million in cash, and in early October, FF had a $59 million arrear on suppliers. The Verge commented that FF's desire is to promote the production of FF91, but FF's current goal should be to survive.
 
 
 
目前FF寄希望于在香港国际仲裁中心申请的紧急救济申请获得通过后,得到的5亿美元融资机会。尽管恒大方面对此仍有严格限制条件,并享有新股的优先购买权。
 
At present, FF hopes to get a financing opportunity of US$500 million after the emergency relief application of the Hong Kong International Arbitration Center has been approved. Although Hengda still has strict restrictions on this, and enjoys the preferential right to buy new shares.
 
 
 
11月2日,法拉第未来签约美国投行斯提夫尔(Stifel)作为财务顾问,斯提夫尔派出工作人员进驻FF,帮助定制短期债权融资方案。FF方面介绍,目前已经与来自欧洲、美国和中东的投资人进行进一步的谈判。
 
On November 2, Faraday signed a future contract with Stifel, an American investment bank, as a financial advisor. Stifel sent staff to FF to help customize short-term debt financing schemes. FF said that further negotiations have been held with investors from Europe, the United States and the Middle East.
 
 
 
FF称,此次采取的融资方式不仅有股权融资,还有资产融资。不过,FF能否获得新的融资,仍受制于大股东恒大手中的融资同意权,以及资产抵押权。
 
FF said that the financing method adopted not only equity financing, but also asset financing. However, whether FF can obtain new financing is still subject to the financing consent right of the major shareholder Evergrande and the asset mortgage right.

 


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