Securities code: 002684 securities abbreviation: Dynavolt Renewable Energy Technology (Henan) Co.Ltd(002684) Announcement No.: 2022-007 Lion New Energy Technology (Henan) Co., Ltd
Reply to the letter of concern of Shenzhen Stock Exchange
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 this debt exemption, because some creditors have not provided complete verification data, the independent directors of the company are unable to express their opinions on the issues involved in Item 1 of the letter of concern for lion new energy technology (Henan) Co., Ltd. (company department concern letter [2022] No. 13). After the data of creditors are provided, The independent directors of the company will conduct comprehensive verification and express their opinions.
Lion New Energy Technology (Henan) Co., Ltd. (hereinafter referred to as the "company" or "listed company") received the notice on Lion New Energy Technology (Henan) Co., Ltd. (company Department notice [2022] No. 13) issued by the second Department of management of listed companies of Shenzhen Stock Exchange (hereinafter referred to as "Shenzhen Stock Exchange") on January 13, 2022. The company has checked and implemented the issues raised in the letter of concern one by one, and now replies the relevant instructions as follows:
On the evening of January 12, 2022, your company disclosed the announcement on delaying the reply to the letter of concern of Shenzhen Stock Exchange, saying that due to the wide range of creditors involved in relevant matters, the information provided by some creditors needs to be subject to their internal examination and approval procedures, and it takes a long time to coordinate all parties to issue relevant information this time; In addition, the intermediary institution is required to issue verification opinions, and the company is expected to be unable to complete the reply on time. Our department is concerned about this. Please explain the following:
1. On January 6, 2022, our department issued a letter of concern (CGH [2022] No. 6) to the company, involving 12 creditors. Please describe in detail the information of the creditors that has been obtained, the names of the creditors that have not obtained the information, the information that has not been provided, and the approval procedures that need to be performed in combination with the information that needs to be provided by the creditors. Does the above explanation believe that the debt exemption letter and other matters disclosed by your company in the early stage have not obtained the consent of the relevant creditors, and some creditors have not performed the internal review procedures, If there are any false records or misleading statements disclosed by your company in the early stage, please check and express your opinions.
reply:
As of the date of this announcement, the company has provided Beijing Dacheng Law Firm with the original creditor's rights contract between the company and creditors, the original creditor's rights contract and creditor's rights transfer contract for obtaining creditor's rights by transfer, creditor's rights transfer notice, debt exemption notice, collection and payment certificates related to creditor's rights, past reminders related to creditor's rights, lawyer's letters and litigation documents The company applied for bankruptcy reorganization in Shenzhen intermediate people's court, the documents proving the qualification of creditors, the internal review documents of some creditors on Exemption of creditor's rights, etc. the lawyer has interviewed most of the creditors and preliminarily drafted the legal opinion. Due to the scattered outbreaks throughout the country and the different internal approval procedures required by creditors to provide information, some creditors need to supplement the internal review documents involved in creditor's right exemption.
In the early stage, the company disclosed that the creditor's right exemption letter and the creditor's right exemption notice received were served directly or entrusted by relevant creditors, and there was no failure to obtain the consent of relevant creditors or perform the internal review procedures. There are no false records or misleading statements in the company's previous disclosure.
The verification information provided by the creditors for the above issues has not been provided completely, and the independent directors of the company are unable to verify and express their opinions for the time being.
2. Ask the company's lawyer to specify the completed verification procedures and the specific reasons why the verification opinions cannot be issued in combination with the relevant information obtained; Explain whether there is any situation that the reply cannot be obtained through normal channels due to incomplete information on debt exemption, and whether there is any violation of articles 12.1.7 and 13.1.4 of the stock listing rules (revised in 2022).
reply:
The company entrusts Beijing Dacheng Law Firm (hereinafter referred to as "the exchange") to check the debt exemption of the company and issue legal opinions on the issues concerned in the letter of concern issued by Shenzhen Stock Exchange to the company. The exchange makes the following explanations on this debt exemption:
(1) Work carried out by the exchange after accepting the entrustment
After accepting the entrustment, the exchange collected, sorted and analyzed the information publicly disclosed by lion technology on cninfo.com, combined with the contents of the letter of concern issued by Shenzhen stock exchange for lion technology and the basic requirements for issuing legal opinions, sorted out the list of legal due diligence, and submitted the list of legal due diligence to the company, requiring the company The company is also requested to coordinate with the creditors of the company to provide legal due diligence materials according to the requirements of the list.
As of the issuance date of this information note, our lawyers have successively obtained the investigation materials provided by the company according to the due diligence list, including the original creditor's right contract between the company and creditors, the original creditor's right contract and creditor's right transfer contract for obtaining creditor's rights by transfer, creditor's right transfer notice, debt exemption notice, collection and payment vouchers related to creditor's rights Past reminders, lawyer's letters and litigation documents related to creditor's rights, materials related to the company's application for bankruptcy reorganization in Shenzhen intermediate people's court, proof documents of creditor's subject qualification, internal review documents of some creditors related to exemption of creditor's rights, etc. According to the information provided by the company, our lawyers sorted out the interview outline and supplementary investigation list for the company and creditors, communicated and discussed with the company on the problems reflected in the collected information and the concerns of the letter of concern, and completed the interview with the company and ten creditors.
The lawyers of the firm have issued the letter of concern for lion new energy technology (Henan) Co., Ltd. (company department concern letter [2022] No. 6) (hereinafter referred to as "No. 6 concern letter") issued by Shenzhen Stock Exchange on January 6, 2022 and the letter of concern for lion new energy Technology (Henan) Co., Ltd. issued by Shenzhen Stock Exchange on January 11, 2022 (concern letter [2022] No. 9 of the company Department) (hereinafter referred to as "concern Letter No. 9"), sort out the facts item by item and preliminarily formulate legal opinions.
(2) Follow up work arrangement of the Institute
The exchange will continue to collect and sort out supplementary due diligence materials, interview creditors who have not been interviewed, and formulate legal opinions in combination with the collected materials and interview understanding.
In addition, according to the relevant requirements of the exchange for lawyers to handle securities business, the securities legal business issuing legal opinions to the stock exchange can be officially finalized and sealed only after being approved and confirmed by the approval committee of the exchange. Therefore, as 12 creditors are involved in this verification, our lawyers need to conduct verification and interview one by one; The respondents need a certain time to provide due diligence materials according to the due diligence list, and due to the epidemic, some legal due diligence can not be completed in a short time, and our lawyers can not form a relatively complete legal opinion and submit it to the exchange for approval, resulting in the inability to issue legal opinions within the time required by the Shenzhen Stock Exchange. The exchange does not deliberately delay the reply, and does not violate the provisions of articles 12.1.7 and 13.1.4 of the stock listing rules (revised in 2022) of Shenzhen Stock Exchange.
3. Please specify the time for the disclosure of reply letters and verification opinions.
reply:
As relevant issues need to be further verified and improved, and relevant materials need to be supplemented, the company and the law firm will try their best to speed up the progress of relevant work, complete the verification work as soon as possible and issue formal legal opinions on the issues concerned in Shenzhen Stock Exchange's No. 6 concern letter and No. 9 concern letter, Strive to reply within the time required by the Shenzhen Stock Exchange. Board of directors of Lion New Energy Technology (Henan) Co., Ltd
January 17, 2002
