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Dear Mr. A:
Based on the information and data provided by ABC to XYZ Investments, XYZ Investments and ABC agreed that XYZ Investments would invest in ABC's Series A Preferred ** on a fully diluted basis at a post-financing price of $8 million (or a pre-financing price of $6 million). The investment conditions are as follows:
1. Purchase of ** The parties agreed that XYZ Investments would invest $2 million in the purchase of ABC's Series A preferred stock, which would be in exchange for 25% of ABC's fully diluted equity ("fully diluted" means that the possibility of employee ** options and other stock options has been considered).
2. Four-Week Restriction Period ABC agrees to give XYZ Investment a four-week restriction period to complete due diligence, which is calculated from the date of signing this Agreement. If, at the end of this period, XYZ Investments is satisfied with the results of the due diligence and decides to invest, ABC will give Series A Preferred Shares to XYZ Investments in accordance with the conditions set forth in the Term Sheet in the Annex. This clause does not restrict other investment firms from conducting due diligence on ABC during the same period.
3. Prerequisites for investment.
a) The parties finally sign an investment contract to the satisfaction of XYZ Investments;
b) XYZ Investments has conducted due diligence on the legal, business and financial aspects of ABC to the satisfaction of XYZ Investments;
c) The investment proposal was finally approved by the investment decision committee of XYZ Investments;
d) there has been no material change in ABC's business;
e) The ABC company is re-registered in Hong Kong (or the British Virgin Islands or the Cayman Islands) and the local ABC company becomes a subsidiary of an overseas company.
4. Confidentiality agreement Before the two parties postpone the approval (or rejection) of the investment promise, the relevant persons of both parties and their ** persons shall bear the responsibility of confidentiality and shall not disclose the content and progress of the negotiation to the public. If the law in force or the court deems it necessary, the party disclosing the information shall notify the other party in advance and limit the disclosure to the minimum extent possible.
6. Non-binding statement This letter of intent is not a letter of promise from XYZ Investment. A formal investment commitment must be signed before the investment contract can be validated.
7. Applicable Law This letter of intent for investment shall be governed by the laws of the People's Republic of China.
The term sheet attached to this letter is intended only as a basis for further investigation and negotiation and is not a promise by either party to the investment transaction in question. If you agree to the above conditions and the investment conditions attached to the term sheet, and are willing to continue on this basis. Then please sign in the appropriate places below and submit an official copy to XYZ Investments.
The deadline must not exceed 31 October 2005 local time, otherwise the above proposals will be terminated on their own.
Agree and accept the above conditions:
Representative of ABC Corporation.
Signed: .Date:
Representative of XYZ Investment Company.
Signature: *Date: *
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How to write a letter of intent to sign a lease or construction plan?
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1. The investment process of land purchase and factory construction.
Sign a letter of intent for investment or joint venture.
Industrial and commercial registration (Administration for Industry and Commerce): application form for pre-approval of enterprise name, specific name of the company, name of shareholder, total amount of capital contribution, proportion of capital contribution (if the shareholder is a legal person, a copy of the copy of the business license is required), capital verification certificate, environmental protection certificate, real estate certificate.
Project filing (Planning Bureau, ***): Prepare the project introduction, fill in the project application filing form, project filing instructions, a copy of the original and copy of the business license of the enterprise legal person, and a copy of the ** certificate of the organization.
Relevant procedures (Environmental Protection Bureau, Construction Bureau, Land Bureau): environmental protection approval, site selection opinion, construction land planning permit, geological hazard assessment report, land assessment, construction land survey and demarcation report, construction land pre-examination.
Handle land certificate (Land Bureau): cadastral survey form, land use application and copy of legal person ID card, articles of association and business license, planning unit of land and resources bureau drawing opinions, construction department one certificate and one book, environmental protection certificate, one book and four plans, land assessment.
Pre-construction construction procedures (Construction Bureau): review and approval of construction drawings, approval of construction project units
Construction project planning permits, bidding.
Handling construction permits (Construction Bureau): construction land permits, project application forms and numbers, construction project planning permits, bid-winning notices, accident insurance policies, drawing review and approval, etc.
Post-construction acceptance (Audit Bureau, Construction Bureau, Fire Brigade, Meteorological Bureau, Environmental Protection Bureau): environmental protection acceptance, audit acceptance, planning acceptance, lightning protection acceptance, fire protection acceptance, engineering acceptance.
Apply for property right certificate (housing authority): two copies of the registrant's business license or identity, state-owned land use certificate, construction project planning permit, completion acceptance record certificate, and building area surveying and mapping results report.
2. Leasing plant investment process.
Sign the agreement to enter the area (management committee): letter of intent for the project, bank credit certificate, land and plant lease agreement.
Industrial and commercial registration (Administration for Industry and Commerce): application form for pre-approval of enterprise name, specific name of the company, name of shareholder, total amount of capital contribution, proportion of capital contribution (legal person needs to bring a copy of the copy of business license), capital verification certificate, environmental protection certificate, real estate certificate.
Environmental protection approval (environmental protection bureau): fill in the application form for environmental protection filing, and the opinions of the city and county environmental protection bureau.
Sign the lease contract (management committee): the contract is in quadruplicate, and the geographical location map.
Apply for a project proposal, set up a project, and receive a project proposal (Foreign Economic Cooperation Commission, Fire Station, Labor Bureau, Health and Epidemic Prevention Station, Planning and Land Bureau, Environmental Protection Bureau): Letter of Intent, Project Proposal, Certificate of Opening of Business of Both Parties, Identity Certificate of Foreign Legal Representative, Bank Credit Certificate, Geographical Location Map, Land and Plant Lease Agreement.
Enterprise name registration (State Administration for Industry and Commerce): enterprise name application registration form, enterprise name registration application, project intent letter, project proposal, project proposal approval.
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