AGREEMENT OF JOINT FILINGFushi Copperweld, Inc. • March 2nd, 2011 • Drawing & insulating of nonferrous wire
The parties listed below agree that the Schedule 13D/A to which this agreement is attached as an exhibit, and all further amendments thereto, shall be filed on behalf of each of them. This Agreement is intended to satisfy Rule 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
CONSORTIUM TERMINATION AGREEMENT Abax Global Capital (Hong Kong) Limited Two International Finance Centre Suite 6708, 8 Finance Street, Central Hong KongConsortium Termination Agreement • March 2nd, 2011 • Fushi Copperweld, Inc. • Drawing & insulating of nonferrous wire • Hong Kong
You and we are parties to a consortium agreement dated November 3, 2010 (the “Agreement”), pursuant to which you agreed to cooperate exclusively with Abax Global Capital (Hong Kong) Limited (“Abax”) to pursue a possible acquisition (the “Transaction”) of Fushi Copperweld, Inc. (“Fushi”). Pursuant to the Agreement, you and Abax submitted a preliminary non-binding proposal for the Transaction to the board of directors of Fushi (the “Board”) on November 3, 2010 (the “Proposal”). You have informed us that you now wish to terminate the Agreement at the request of the Special Committee of the Board.
CONFIDENTIALITY AGREEMENT WITH ABAX GLOBAL CAPITAL (HONG KONG) LIMITED FUSHI COPPERWELD, INC. TYG Center Tower B, Suite 2601 Dongsanhuan Bei Lu, Bing 2 Bejing, 100027, ChinaConfidentiality Agreement • March 2nd, 2011 • Fushi Copperweld, Inc. • Drawing & insulating of nonferrous wire
You have requested information concerning Fushi Copperweld, Inc. and/or its subsidiaries, affiliates or divisions (collectively, the "Company") in connection with your consideration of a possible negotiated transaction (the "Transaction") with the Company. You acknowledge that this information is proprietary to the Company and may include trade secrets or other business information the disclosure of which could harm the Company. In consideration for, and as a condition of, such information being furnished to you and your directors, officers, employees, agents, advisors, representatives, investment bankers, Qualified Debt Financing Sources and affiliates (including, without limitation, attorneys, accountants, consultants and any representatives of such advisors) (collectively, "Representatives"), you agree to treat any and all information concerning the Company obtained by you or your Representatives (regardless of whether obtained before, on or after the date of this letter agreement (
