Nam Tai Property Announces Initiation of Legal Action Against Kaisa Group’s Wholly-Owned Affiliate Greater Sail
02 2월 2022 - 7:00AM
Business Wire
Files Claim Alleging Greater Sail has
Conspired with Terminated CEO Wang Jiabiao and Terminated NTI
Supervisor Zhang Yu to Hinder a Transition of On-Shore
Control
Shares Updates on Court Orders Handed Down
on January 31, 2022, Including an Order Enjoining Greater Sail From
Obstructing the New Board’s Efforts to Assume On-Shore
Control
Nam Tai Property Inc. (NYSE: NTP) (“Nam Tai” or the “Company”)
today provided updates pertaining to legal proceedings initiated
last week in the British Virgin Islands (“BVI”) Commercial Division
of the Eastern Caribbean Supreme Court (the “Court”) against
Greater Sail Limited (“Greater Sail”), a wholly-owned affiliate of
Kaisa Group Holdings Limited (“Kaisa Group”) that is incorporated
in the BVI:
- On January 26, 2022, Nam Tai filed a claim with the Court that
alleges Greater Sail has been conspiring with Mr. Wang Jiabiao, the
Company’s former Chief Executive Officer and Nam Tai Investment
(Shenzhen) Company Limited’s (“NTI”) former Legal Representative,
and Ms. Zhang Yu, NTI’s former Supervisor, to frustrate the
transition of control of the Company, its affiliates and its
assets. In its claim, Nam Tai alleges that Greater Sail sent
correspondence to authorities in China that constitute a malicious
falsehood and/or the tort of causing loss by unlawful means under
BVI law. Mr. Wang Jiabiao and Ms. Zhang Yu have a documented
history of being employed by and affiliated with Kaisa Group, whose
allies were removed from the Company’s Board at a special meeting
of shareholders held on November 30, 2021. Mr. Wang Jiabiao and Ms.
Zhang Yu were formally removed from their positions and terminated
by Nam Tai’s reconstituted Board on December 1, 2021.
- On January 26, 2022, Nam Tai also filed an application for an
injunction to compel Greater Sail to preserve relevant documents,
withdraw objections made in correspondence to the authorities in
China and stop all efforts aimed at preventing the Company’s new
Board from assuming rightful control of affiliates and on-shore
assets.
On January 31, 2022, the Court ordered the following:
- Greater Sail must send letters to all
of the Administration for Market Regulation's branches it has
contacted in China to withdraw its objections to Nam Tai’s new
Board assuming on-shore control through the appointment of new
officers and representatives for its Chinese
subsidiaries. The Court’s order stipulates that the
letters must be sent by 4:00 PM local time on February 8, 2022.
Additionally, the Court’s order states that duplicates of the
letters must be provided at the same time to Nam Tai’s legal
counsel in China.
- Greater Sail is enjoined from
hindering Nam Tai’s new Board from assuming control of the
Company’s on-shore assets and properties. In addition,
Greater Sail was ordered to provide copies of all correspondence
sent to and received from the Administration for Market
Regulation’s branches by February 15, 2022. Greater Sail must also
file an affidavit laying out all oral communications with those
branches by the same date.
Nam Tai’s Board will continue to provide updates pertaining to
its litigation and efforts to hold Greater Sail, Kaisa Group, Mr.
Wang Jiabiao and other unlawful actors accountable for their
interference in the Company’s affairs. Nam Tai is represented in
its ongoing actions by Ogier, with Quinn Emanuel Urquhart &
Sullivan LLP serving as special litigation counsel and Global Law
Firm (also known as GLO) and JunHe LLP serving as local China legal
counsel.
FORWARD-LOOKING STATEMENTS
Certain statements included in this announcement, other than
statements of historical fact, are forward-looking statements.
Forward-looking statements generally can be identified by the use
of forward-looking terminology such as “may”, “might”, “can”,
“could”, “will”, “would”, “anticipate”, “believe”, “continue”,
“estimate”, “expect”, “forecast”, “intend”, “plan”, “seek”, or
“timetable”. These forward-looking statements, which are subject to
risks, uncertainties, and assumptions, may include projections of
our future financial performance based on our growth strategies and
anticipated trends in our business and the industry in which we
operate. These statements are only predictions based on our current
expectations about future events. There are several factors, many
beyond our control, which could cause results to differ materially
from our expectation. These risk factors are described in our
Annual Report on Form 20-F and in our Current Reports filed on Form
6-K from time to time and are incorporated herein by reference. Any
of these factors could, by itself, or together with one or more
other factors, adversely affect our business, results of operations
or financial condition. There may also be other factors currently
unknown to us, or have not been described by us, that could cause
our results to differ from our expectations. Although we believe
the expectations reflected in the forward-looking statements are
reasonable, we cannot guarantee future results, levels of activity,
performance, or achievements. You should not rely upon
forward-looking statements as predictions of future events. These
forward-looking statements apply only as of the date of this
announcement; as such, they should not be unduly relied upon as
circumstances change. Except as required by law, we are not
obligated, and we undertake no obligation, to release publicly any
revisions to these forward-looking statements that might reflect
events or circumstance occurring after the date of this
announcement or those that might reflect the occurrence of
unanticipated events.
ABOUT NAM TAI PROPERTY
Nam Tai Property Inc. is an owner-operator of commercial real
estate projects across China. The Company currently maintains two
industrial complex projects, with one in Guangming, Shenzhen and
one in Bao'an, Shenzhen. Learn more about the Company’s portfolio
and strategic priorities by emailing our investor relations
team.
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version on businesswire.com: https://www.businesswire.com/news/home/20220201006119/en/
For Shareholders: Longacre Square Partners Greg Marose / Ashley
Areopagita, 646-386-0091 gmarose@longacresquare.com /
aareopagita@longacresquare.com
Nam Tai Property (NYSE:NTP)
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