Examples of M&A Regulations in a sentence
Seller shall notify its creditors and publish a notice of the proposed sale of the Assets in a newspaper with national circulation in accordance with the M&A Regulations.
The Parties shall jointly engage an authorized asset valuation institution or enterprise (the “Appraiser”) to undertake a valuation of the Assets in accordance with the M&A Regulations.
The Securities have been registered pursuant to a Registration Statement on Form S-3 (Registration Number 333-167113) (the “Registration Statement”) under the Securities Act of 1933, as amended (the “Securities Act”), and a related prospectus, dated as of June 1, 2010 (the “Prospectus”), and a prospectus supplement, dated June 15, 2012 (the “Prospectus Supplement”).
The Seller shall, within not more than 10 days from the date on which Seller's board of directors and/or shareholders assembly have approved the sale of the Purchased Assets pursuant to this Agreement, give notice to its creditors and release public announcement of the sale of the Purchased Assets contemplated under this Agreement in accordance with the provisions of the M&A Regulations and the publication costs of such notifications shall be borne by the Seller.
On September 21, 2006, pursuant to the New M&A Regulations and other PRC laws and regulations, the CSRC, on its official website, promulgated excerpts of certain existing regulations and a list of application documents for CSRC approval (the “CSRC Guideline”) in supplement to the New M&A Regulations.
We believe that (i) CC Investment was incorporated as a foreign owned enterprise and that there was no acquisition of the equity or assets of a “PRC domestic company” as such term is defined under the Revised M&A Regulations and (ii) that no provision in the Revised M&A Regulations clearly classifies the contractual arrangements between CC Investment and CC Power as a type of transaction falling within such rules.
However, while there is no specific provision under the New M&A Regulations which excludes the retroactive effect thereof, in our opinion, the New M&A Regulations do not have retroactive effect.
Among other things, the revised M&A Regulations include new provisions that purport to require that an offshore SPV, formed for listing purposes and controlled directly or indirectly by PRC companies or individuals must obtain the approval of the CSRC prior to the listing and trading of such SPV’s securities on an overseas stock exchange.
Pubco shall have received a legal opinion from counsel to Priveco attesting to (i) the validity and legality of the Transactions contemplated by this Agreement; (ii) the compliance by the Selling Shareholders of the requirements of the SAFE Circulars; (iii) the compliance by the Selling Shareholders and Priveco with the M&A Regulations; and (iv) the validity and transferability of the Intellectual Property Assets.
According to Section 2 of the New M&A Regulations, “domestic companies” means domestic entities without foreign investments.