AGREEMENT OF JOINT FILINGAgreement of Joint Filing • October 12th, 2010 • Harbin Electric, Inc • Motors & generators
The parties listed below agree that the Amendment No. 3 to Schedule 13D to which this agreement is attached as an exhibit, and all further amendments thereto, shall be filed on behalf of each of them. This Agreement is intended to satisfy Rule 13d-1(k) under the Securities Exchange Act of 1934, as amended. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
CONSORTIUM AGREEMENT [BARING ASIA LETTERHEAD]Consortium Agreement • October 12th, 2010 • Harbin Electric, Inc • Motors & generators • Hong Kong
As you are aware, Baring Private Equity Asia Group Limited (“Baring”) has been reviewing and evaluating various investment opportunities concerning Harbin Electric, Inc. (the “Company”). We are interested in pursuing with you a possible acquisition of the Company (the “Transaction”) through a special purpose vehicle (“Bidco”) to be owned by an investment fund advised by Baring and related affiliates, and you and your nominees (collectively, the “Shareholder”). As a condition to the delivery of a preliminary non-binding proposal letter to the Company (the “Proposal Letter”, the form of which is set forth in Exhibit A hereto) and to further our discussions relating to the Transaction, the Shareholder and Baring agree to the following:
