Thursday, August 13, 2015

Suntech: Corporate Action Notice- Termination Notice - July 14, 2015

Someone just forwarded this to me:

NOTICE TO HOLDERS OF AMERICAN DEPOSITARY SHARES EVIDENCED BY AMERICAN DEPOSITARY RECEIPTS REPRESENTING DEPOSITED ORDINARY SHARES OF: Suntech Power Holdings Co., Ltd. (In Official Liquidation) (the “Company”)ONE ADS REPRESENTS ONE SHARE Level 1 CUSIP: 86800C104

By virtue of the amended winding up petition which was presented on 13 January 2015, Yat Kit “Victor” Jong of PricewaterhouseCoopers Consultants (Shenzhen) Ltd, 11/F PricewaterhouseCoopers Centre, 2 Corporate Avenue, 202 Hu Bin Road, Shanghai 200021, People’s Republic of China and David Walker of PwC Corporate Finance & Recovery (Cayman) Limited, P.O. Box 258, Strathvale House, George Town, Grand Cayman, KY1-1104 (“PwC Cayman”) were appointed Joint Official Liquidators of the Company by Order of the Grand Court of the Cayman Islands (the “Grand Court”) on 27 January 2015 (the “Order”).

As a result of the Order, you are hereby notified, as owners and beneficial owners of the above American Depositary Receipts (“ADRs”), that BNY Mellon (the “Depositary”) will terminate the Deposit Agreement, dated December 13, 2005, between the Company, BNY Mellon, as depositary, and the Owners and Beneficial Owners of ADRs (the “Deposit Agreement”) in accordance with section 6.02 of the Deposit Agreement (“Section 6.02”).

Pursuant to Section 6.02, the existing ADR facility will be terminated, effective 5:00 pm (New York Time) on September 14, 2015 (the “Termination Date”). From and after the Termination Date, only if the Depositary has sold the ordinary shares represented by the ADRs then outstanding, or received a distribution from the Company in respect of those shares, Owners and Beneficial Owners will receive the proceeds of any such sale and any distribution from the Company on a pro-rata basis and net of applicable taxes, fees, and charges. However, based upon information currently available to the Depositary, there appears to be reasonable grounds to believe that there is little to no likelihood that the Company’s shareholders or ADR owners will receive any distribution in respect of their ordinary shares or ADRs representing ordinary shares of the Company.

For further information regarding the status of the Official Liquidation or to obtain a copy of the Order, please contact Mr. Ryan Murray of PwC Cayman by email to ryan.murray@ky.pwc.com.

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