Page 10 of 14 – SEC Filing
In connection with the withdrawal of the Proposal, the Reporting Persons have entered into a
termination agreement, dated October 23, 2017 (the Consortium Termination Agreement), which terminates the Consortium Agreement.
The descriptions of the Proposal Withdrawal Letter and the Consortium Termination Agreement in this Item 4 are qualified in their entirety by
reference to the complete text of the Proposal Withdrawal Letter and the Consortium Termination Agreement, which have been filed as Exhibit 99.4 and 99.5 to this Schedule 13D and are incorporated by reference in their entirety into this Item 4.
| Item 5. | Interest in Securities of the Issuer |
(a)-(b) The following table sets forth the beneficial ownership of
Ordinary Shares of the Company for each of the Reporting Persons as of Oct 23, 2017.
| Name | Shares Beneficially Owned | Percentage of Total | Sole Voting Power | Shared Voting Power | Sole Dispositive Power | Shared Dispositive Power | ||||||||||||||||||
| Shah Opportunity(1) | 7,550,000 | 21.3 | % | 7,550,000 | 7,550,000 | |||||||||||||||||||
| Mr. Shah(2) | 7,550,000 | 21.3 | % | 7,550,000 | 7,550,000 | |||||||||||||||||||
| Mr. Lu(3) | 1,156,801 | 3.3 | % | 1,156,801 | 1,156,801 | |||||||||||||||||||
| Lu Charitable Trust(4) | 26,925 | 0.1 | % | 26,925 | 26,925 | |||||||||||||||||||
| Lu Family Trust(5) | 16,408 | 0.0 | % | 16,408 | 16,408 | |||||||||||||||||||
| Lu Family Partnership(6) | 76,333 | 0.2 | % | 76,333 | 76,333 | |||||||||||||||||||
| Mr. Ti(7) | 173,955 | 0.5 | % | 173,955 | 173,955 | |||||||||||||||||||
| (1) | Includes 7,550,000 Ordinary Shares. Shah Capital LLC is the general partner of Shah Opportunity. Mr. Shah is the managing member of Shah Capital LLC. |
| (2) | Includes 7,550,000 Ordinary Shares owned by Shah Opportunity. Shah Capital LLC is the general partner of Shah Opportunity. Mr. Shah is the managing member of Shah Capital LLC. |
| (3) | Includes (i) 1,037,135 Ordinary Shares, (ii) 26,925 Ordinary Shares registered in the name of Lu Charitable Trust, of which Mr. Lu is the trustee, (iii) 16,408 Ordinary Shares registered in the name of the Lu Family Trust, of which Mr. Lu is a trustee and of which Mr. Lu and his spouse are beneficiaries, (iv) 76,333 Ordinary Shares registered in the name of The Lu Family Limited Partnership, of which Mr. Lu is a general partner. |
| (4) | Includes 26,925 Ordinary Shares. Mr. Lu is the trustee of Lu Charitable Trust. |
| (5) | Includes 16,408 Ordinary Shares. Mr. Lu is the trustee of Lu Family Trust, of which Mr. Lu and his spouse are beneficiaries. |
| (6) | Includes 76,333 Ordinary Shares. Mr. Lu is a general partner of Lu Family Partnership. |
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