DRAFT !!
Adam,
Please see attached the NDA with three =hanges.
Thank =ou
Attached please find an =DA. Thank =ou. «mailto:a> Dr. Merkin wants to move the =eeting to 11am. Does that work? Please call my mobile phone when you =re =vailable.
<mait o: Sorry for typos, strict =tewardess is telling me off not to use phone so typing is =ricky...
- CMDS Informa: all =elating to the deal with Informa plc, including loan note subscription =greement and data
license
CDMS Hong Kong: the holding company with the files =elating to duly filed documents with the HK Companies =egistrar
AG Beijing - the 100 =aughter of CMDS HK. All items of the main operating business, mostly in =hinese. See
attached Excel re AG Beijing and AG Chengdu folders for =our orientation.
- AG Chengdu = the 100% subsidiary of AG Beijing.
For some reason it happened before that folder 1. CMDS =nforma files could not be opened. If this happens just let me know and = send you a link to access this folder on =ropbox.
Fully =xecuted attached.
I have a draft of the term sheet =ut it has holes in it. Can I get access to the data room? I hope that =nswers most of my questions and enables me to complete the draft. If =ot, I'll revert with =uestions.
Thanks.
Erez,
I note the following =acts:
you failed to send me a formal =otification of the points you stated on our call of 22nd January 2014 =nbsp;despite you agreeing to do this.
=n our call on 21st January 2014 you claimed that Heritage was not aware =f the RMB 1 million contract size and stated this as reason for not =roceeding with closing, even though closing conditions were fulfilled =fter your the formal ahead in writing. Your were wrong with that point. =ull written evidence was presented to you in my email to you dated 21st =anuary 2014.
On our called dated 22nd =anuary 2014 you suddenly changed your tune and stated that the RMB 1 =illion is not the reason (as stated to me the day before) and instead =ou made the statement "the totality of the deal has changed". I kindly =sked you about the meaning of this phrase. You could not explain it. =hen pushing you for a single example you stated that the "revenue =xpectations" were not met. This is complete non-sense. The business has =ulfilled all its obligations and is spot on as per the budget and plan. =his exact budget and plan was first supplied on 22 July 2013 to =eritage and was also shared with the Heritage legal and tax advisors =Michael Kelcy <, < mailto: " <>) on 23 July =013 via the data room. Refer to the email =elow.
Your behaviour is highly unprofessional =nd it puzzles me how you soil the name of Dr. Merkin, a man with a =tellar reputation and highest =ntegrity.
David