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LEHMAN, LEE & XU
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China Private Funds Lawyers Alert
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January 2012
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The China Law News keeps you on top of business, economic and political events in the China. |
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In the News |
China expected to have investments in Africa private equity funds |
NAIROBI, Nov. 28 (Xinhua) -- China is seen as a latecomer in investing in Africa through the private equity funds, a strategy successfully used by sovereign wealth funds of countries like France and Germany that enables them to benefit from diversified investment returns in the continent.
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China XLX raises funds from Primavera |
Primavera Capital, a private equity (PE) fund co-founded by ex-Goldman Sachs Greater China head Fred Hu, has agreed to subscribe to the convertible bonds issued by China XLX Fertiliser to provide funds for the company’s capital expenditures. The Henan-based fertilizer producer raises a total of 324 million renminbi (USD51 million) from the issuance of convertible bonds to Nitro Capital, a subsidiary of the China-based PE fund. The funds will be used to finance the expansion of its fourth urea plant in Xinjiang province, acquisition of coal resources and general working capital. The five-year renminbi-denominated convertible bonds carrying an annual coupon rate of 4.5 percent will be issued at face value. Conversion price of the bond is fixed at 1.84 renminbi per share, representing a premium of 13 percent over the volume weighted average price of the company’s shares traded on the Singapore Stock Exchange and the Hong Kong Stock Exchange for 20 trading days prior to the agreement. Primavera is not allowed to convert or sell the convertible bonds within a lockup period of six months. Upon full conversion at the initial conversion price, the bonds will be converted into 176 million shares or 14.9 percent of the enlarged share capital of the company. Primavera will become the third largest shareholder and largest institutional investor upon full conversion. The convertible bonds are arranged by DBS. Primavera Capital is a leading international PE fund based in China. Lian Jie, a partner of Primavera and a former managing director at Goldman Sach’s investment banking division, will be appointed as a non-executive director of the fertilizer producer’s board. The company has the right to defer interest payment to the fund, but will be charged an additional two percent of interest per annum. The two parties have also agreed on terms of cash pay rate of up to an additional 16 percent annually in the event of step up occurrence, step up event or step up action. China XLX intends to engage a long-term strategic investor to help further improve its corporate governance as well as its shareholder base. The PE fund could also help the company to explore more expansion opportunities, the company says. Web link: http://www.theasset.com/article/20830.html
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