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[Litigation] 15 Yunneng 02: Guangfa Securities Co., Ltd. Report on the Interim Trustee Management Affairs of Yunnan Provincial Energy Investment Group Co., Ltd. Involving Major Litigation

Time: January 9, 2020 23:01:42 Zhongcai
Original Title: 15 Yunneng 02 : GF Securities Co., Ltd.'s Interim Trustee Management Report Regarding Major Litigation Involving Yunnan Provincial Energy Investment Group Co., Ltd.


Bond code:
122391 Bond short name:
15 Cloud Energy Investment


Bond code:
136073 Bond short name:
15 Cloud Energy
02


Bond code:
143105 Bonds for short:
17 Can cast
01




Guangfa Securities Co., Ltd.About

Yunnan Energy Investment Group Co., Ltd. Involved in Major Litigation

Trustee Management Affairs Report



As a Yunnan Energy Investment Group Co., Ltd., Guangfa Securities Co., Ltd. publicly issued 2015 corporate bonds (the bond is referred to as " 15 Cloud Energy Investment ", bond code 122391),
Yunnan Energy Investment Group Co., Ltd. publicly issued 2015 corporate bonds (second phase) (the bond referred to as " 15 Yunneng 02 ", bond code 136073) and Yunnan Energy Investment Group Co., Ltd. publicly issued 2016 company bonds (No. Phase I) (Bond abbreviation " 17 能 投 01 ",
The trustee of bond code 143105) continues to pay close attention to matters that have a significant impact on the rights and interests of bondholders. In accordance with relevant regulations such as the “Administrative Measures for the Issuance and Transaction of Corporate Bonds ”, the “Shanghai Securities Exchange Corporate Bond Listing Rules (Revised in 2018)”, the “Code of Conduct for the Practice of Corporate Bond Trustees” and other relevant provisions The agreement,
The following major issues are reported:

I. Basic information concerning litigation


Due to the dispute over the loan contract, Yunnan Energy Investment Group Co., Ltd. (hereinafter referred to as "
Issuer "," Yunan Energy Investment ") against Cloud Energy Investment (Shanghai) Energy Development Co., Ltd. (hereinafter referred to as" Shanghai Energy "), Shanghai Huaxin International Group Co., Ltd. (hereinafter referred to as" Shanghai Huaxin "),
Guoneng Commercial Group Co., Ltd. (hereinafter referred to as “Guoneng Commercial”), Da Real Estate (Shanghai)
Co., Ltd., Shanghai Shengye Investment Center (Limited Partnership), Shanghai Shengye Investment Management Co., Ltd.



Company, Shenzhen Dasheng Agricultural Group Co., Ltd. (hereinafter referred to as "Dasheng Agriculture"), Northern Petrochemical (Group) Co., Ltd. (hereinafter referred to as "Northern Petroleum"), Shanghai Straits Cloud Chuangfu Equity Investment Fund Co., Ltd. (hereinafter referred to as "xia Yunchuangfu "), Shanghai Puhe Enterprise Management Co., Ltd. (hereinafter referred to as" Shanghai Puhe "), Shaanxi Lian'an Energy Management Co., Ltd. (hereinafter referred to as" Lian'an Energy ") filed a lawsuit requesting the dissolution of the agreement with Yunneng Investment (Shanghai ) "Borrowing and Repaying Loan Agreement" signed by Energy Development Co., Ltd .; requesting that Yunneng Investment (Shanghai) Energy Development Co., Ltd. immediately return the principal of the loan in RMB
8
100 million yuan; ordered Yunneng Investment (Shanghai) Energy Development Co., Ltd. to pay the plaintiff
2018
year
3
month
twenty one
Calculated from
2018
year
7
month
31
Interest at the end of the day
15,516,650.52
Yuan; and paid from
2018
year
8
month
1
Annual interest rate from the date of the actual payment
10.5%
Calculated overdue penalty interest and compound interest; ordered the remaining defendants to assume insurance liabilities. Yunnan Higher People's Court
2018
year
8
month
10
A notice of acceptance of the case will be issued, and the case acceptance number is (
2018
Yun Minchu
147
number.



2019
year
6
month
6
On the date, the first judgment of the Yunnan Higher People's Court was as follows:
Confirmed that the parties to the "Union and Repayment Loan Agreement" signed by Yunnan Energy Investment and Shanghai Energy
2018
year
7
month
31
Japan's negotiation was cancelled; 2. Shanghai Energy paid to Yunnan Energy to invest the principal of the loan owed within 10 days after the judgment became effective
8
100 million yuan and annual interest rate
5.25%
Calculated from
2018
year
3
month
twenty one
From to
2018
year
7
month
31
Interest owed during the period
15,516,650.52
Yuan, annual interest rate
10.5%
Calculated from
2018
year
8
month
1
Overdue penalties and compound interest from the date to the date when the payment is actually repaid; III. The legal fees paid by Shanghai Energy to Yunnan Energy Investment within ten days after the effective date of this judgment
20
Ten thousand yuan, security guarantee fee
293,585.9
9
yuan;
4. If Shanghai Energy is unable to fulfill the obligations determined in the above two or three judgments within the prescribed time, Yunnan Energy Investment will provide Shanghai Energy with pledge of Shanghai Energy
50%
Equity and Weihai Nanhai Poly Technology Defense Investment Center (Limited Partnership)
1.5
The investment amount of 100 million yuan and its corresponding property share enjoy the pledge right, and enjoy the preferential price after the pledged property is auctioned, sold or discounted.



Right of first repayment; 5. If Shanghai Energy is unable to fulfill the obligations determined in the above two or three judgments within the prescribed time, Yunnan Energy Investment shall provide the pledge to China National Energy Commercial Holding Co., Ltd.
10%
The equity of the company enjoys the right to pledge, and has the priority to be compensated for the price of the pledged property after auction, sale or discount; VI. Ann Energy undertakes joint and several liability for the debts owed to Shanghai Energy Investment by Yunnan Energy in the case. Shanghai Huaxin, Guoneng Commercial, Dasheng Agriculture, Northern Petroleum, Xiayun Chuangfu, Shanghai Puhe and Lian'an Energy have the right to recover from Shanghai Energy after taking responsibility; 7. Reject other litigation requests from Yunnan Energy Investment .



two,
Second instance


As one of the defendants, Shaanxi Lian'an Energy Management Co., Ltd. filed an appeal not to bear joint and several guarantee liabilities,
The issuer appealed against the defendant Da Real Estate (Shanghai) Co., Ltd. and Shanghai Shengye Investment Center (Limited Partnership) to assume compensation liability within the value of the collateral.

2019
year
12
month
11
On the 5th, the Fifth Circuit of the Supreme People's Court accepted the second instance of the case, and the case acceptance number was (
2019
) Supreme People
2025
No. The case is set in
2
020
year
3
month
twenty four
The trial will begin on the day.



three,
Impact of litigation on issuer's solvency


The above lawsuits have no significant adverse impact on the issuer's daily management, production and operation, and solvency, and relevant security measures have been taken. It is expected that some funds can be recovered through lawsuits and the scope of losses can be controlled.

The trustee will continue to pay attention to the progress of the above-mentioned cases and fulfill the information disclosure obligations in a timely manner.



GF Securities Co., Ltd. as the " 15 Cloud Energy Investment
",
"15 Cloud Energy
02 "and" 17 can vote
01 "trustee, in accordance with the" Administrative Measures for the Issuance and Transaction of Corporate Bonds ", the" Shanghai Securities Exchange Corporate Bond Listing Rules (Revised in 2018) ", the" Code of Conduct for Corporate Bonds ' Trustees' Practice " And the provisions of the "Trust Management Agreement"



This report on interim trustee management affairs is issued to remind investors of the above-mentioned major issues of the issuer to pay attention to relevant risks.






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