Securities code: 000007 securities abbreviation: Shenzhen Quanxinhao Co.Ltd(000007) Announcement No.: 2022-021 Shenzhen Quanxinhao Co.Ltd(000007)
Announcement on signing the supplementary agreement on the implementation of the settlement agreement
The company and all members of the board of directors guarantee that the information disclosed is true, accurate and complete without false records, misleading statements or major omissions.
Special tips:
In order to further protect the rights and interests of the company, the company signed the supplementary agreement on the implementation of the settlement agreement with relevant parties. The signing of the agreement does not necessarily exempt the company from the risk of subsequent litigation. As of the normal performance of this announcement agreement, for the risks related to the implementation of the settlement For the legal opinions and accountants’ opinions, please refer to the announcement on the reply to the attention letter [2022] No. 75 of the company Department of Shenzhen Stock Exchange (Announcement No.: 2022-020) disclosed by the company on February 18, 2022. Please invest rationally and pay attention to risks.
Shenzhen Quanxinhao Co.Ltd(000007) (hereinafter referred to as “the company”, “listed company” or “xinxinhao”) disclosed the announcement on the progress of litigation cases (Announcement No.: 2021-091) on the designated newspapers and websites on December 7, 2021. After all parties reached an agreement through consultation, the company and Lian Weifei signed the implementation settlement agreement with Wu Haimeng and Wang Peiyan respectively.
1、 Progress of agreement implementation
As of this announcement, the company has normally performed its payment obligations in accordance with the implementation settlement agreement. Recently, the company signed the supplementary agreement on the implementation of the settlement agreement with Wu Haimeng and Wang Peiyan on the implementation of the settlement agreement (hereinafter referred to as the “supplementary agreement”), and the parties further reached the following agreements on the implementation of the settlement:
1. Supplementary agreement with Wu Haimeng
Party A: Wu Haimeng
Party B: Shenzhen Quanxinhao Co.Ltd(000007)
Whereas: the arbitration cases of Shen dx20170235 (hereinafter referred to as “arbitration case 235”) and Shen dx20170236 (hereinafter referred to as “arbitration case 236”) of Shenzhen International Arbitration Court between Party A, Party B and Lian Weifei have been closed, and the court issued the award of South China gzszz [2020] d77 issued by Shenzhen International Arbitration Court South China gzszz [2020] No. D78 award reached the implementation settlement agreement (hereinafter referred to as the “settlement agreement”) on the implementation matters on December 2, 2021. The settlement agreement stipulates that Party B shall pay a total of 90 million yuan (in words: 90 million yuan) to Party A for the above two arbitration cases No. 235 and No. 236. After Party B has paid the above 90 million yuan, after deducting the 90 million yuan paid by Party B from all the execution funds claimed in arbitration case 235 and arbitration case 236, the remaining payment obligations will be transferred to Lian Weifei, and Party B does not need to pay any fees to Party A. Now, both parties have further reached the following agreement on the implementation of the settlement agreement for mutual compliance:
(1) Both parties agree that when Party B pays 90 million yuan, all repayment and payment obligations of Party B in arbitration case No. 235 and arbitration case No. 236 will be fulfilled. After Party B has fulfilled the above payment obligations, Party A promises that it will not apply to the court for any reason (including but not limited to Lian Weifei’s breach of contract) to resume the implementation of the original effective legal documents (South China Guo Zhong Shen CE [2020] No. d77 and South China Guo Zhong Shen CE [2020] No. D78);
(2) After Party B has fulfilled the above payment obligations, even if Lian Weifei breaches the contract (including but not limited to failing to perform relevant obligations in accordance with the settlement agreement), Party A promises not to require Party B to bear the losses caused by any breach of Lian Weifei in any way (including but not limited to sending letters, applying for arbitration, filing a lawsuit, etc.), Party B is not required to perform the legal supplementary payment obligation.
(3) Both parties agree that all the payment obligations of Party B in arbitration case No. 235 and arbitration case No. 236 are limited to the 90 million yuan agreed in the settlement agreement. Party A promises that when Party B pays the above 90 million yuan, all the obligations of Party B in arbitration case No. 235 and arbitration case No. 236 will be fulfilled.
2. Supplementary agreement with Wang Peiyan
Party A: Wu Haimeng
Party B: Shenzhen Quanxinhao Co.Ltd(000007)
Whereas: Party A, Party B and Lian Weifei reached the execution settlement agreement (hereinafter referred to as the settlement agreement) on the execution matters on December 2, 2021 with respect to the litigation case (2020) Yue 03 min Chu No. 3211 (hereinafter referred to as the “3211 case”) of Shenzhen intermediate people’s Court (now concluded), The settlement agreement stipulates that Party B shall pay a total of 30 million yuan (in words: 30 million yuan only) to Party A. After Party B has paid the above 30 million yuan, the payment obligation of the remaining part of the execution payment claimed in case 3211 after deducting the 30 million yuan paid by Party B is transferred to Lian Weifei, and Party B does not need to pay any fees to Party A. Now, both parties have further reached the following agreement on the implementation of the settlement agreement for mutual compliance:
(1) Party A and Party B agree that after Party B has paid the above 30 million yuan, all repayment and payment obligations of Party B in case No. 3211 will be fulfilled. After Party B has fulfilled the above payment obligations, Party A promises that it will not apply to the court to resume the implementation of the original effective legal documents against Party A for any reason (including but not limited to Lian Weifei’s breach of contract);
(2) After Party B has fulfilled the above payment obligations, even if Lian Weifei has any breach of contract (including but not limited to failure to perform the settlement agreement), Party A promises not to require Party B to bear the losses caused by any breach of contract of Lian Weifei in any way (including but not limited to sending letters, applying for arbitration, filing lawsuits, etc.), Party B is not required to perform the legal supplementary payment obligation.
(3) Both parties agree that all payment obligations of Party B in case 3211 are limited to the 30 million yuan agreed in the settlement agreement. Party A promises that Party B will complete all obligations in this case after paying the above 30 million yuan.
2、 Impact on the company
The supplementary agreement defines the rights and obligations of all parties in the implementation of the settlement agreement. After signing the supplementary agreement, the settlement amount to be paid by the company remains unchanged, that is, the company needs to pay a total of 120 million yuan, of which the settlement amount of Shen dx20170235 arbitration case and Shen dx20170236 arbitration case is 90 million yuan, and the settlement amount of Yue 03 min Chu No. 3211 litigation case is 30 million yuan.
The signing of the supplementary agreement will not affect the daily operation of the company for the time being. If the company fails to perform the contract and the real estate waiting to be sealed up still has the risk of further enforcement in the future, the company reminds investors to invest rationally and pay attention to investment risks. The company will actively follow up the progress of the case and fulfill the obligation of information disclosure in time.
3、 Other matters
The information disclosure media designated by the company are securities times, Securities Daily, Shanghai Securities News and http://www.cn.info.com.cn, All information of the company is subject to the information published in the above designated media. Please pay attention to the investment risks.
It is hereby announced
Shenzhen Quanxinhao Co.Ltd(000007) board of directors
February 21, 2022
