Due Diligence Guidelines –
Provision of Information to Analysts
Addendum 11: Suggested Riders regarding the Issuer’s Confirmation to be Included in the International Underwriting Agreement
[To be inserted in the representations and warranties section:]
None of the Company, its directors, employees and [insert names of existing substantial shareholders] has provided to any investment research analyst (“Analyst”), whether directly or indirectly, any material information, including forward-looking information (whether qualitative or quantitative) concerning our Company that is not:
(i) reasonably expected to be included in the prospectus to be issued by our Company; or
(ii) publicly available (“Non-Public Information”).
[To be inserted in the undertakings/covenants section:]
Each of the Company and its directors and employees shall not, and shall use its best efforts to cause [insert names of existing substantial shareholders] to not, provide Non-Public Information to any Analyst at any time up to and including the fortieth day immediately following the date on which the [Offer Price] is determined in accordance with Clause [•] of the [Hong Kong Underwriting / International Purchase] Agreement.
HKCFEF Limited and the contributing law firms, accountants and sponsors are not offering these due diligence guidelines as legal, financial or professional advice or services and they should not be relied upon as such. These due diligence guidelines should not be used as a sole basis for any decision, action or inaction and are not meant to serve as a substitute for the advice of qualified professionals. See here for the full terms and conditions.