Last night I studied RESERVATION AND ACQUISITION AGREEMENT and TOKEN HOLDER AGREEMENT. There is no dispute about the fact that Greyp Bikes d.o.o. and Smar tZero UG will breach the both Agreements!
Greyp Bikes cannot and will not issue nominal shares worth 100 HRK and that will be THE BREACH of contract!
Again, I will state the minimum value of the nominal share. Croatian Company Law, Article 390 clearly states: “The nominal values of a business share may not be less than HRK 200.00”.
How to use minimum amount of the nominal share, 200 HRK, to cancel the contract?
Mr. Mate Rimac is CEO at Greyp bikes d.o.o. and the major shareholder. I will put to you that Mr. Rimac was well aware of the fact that minimum amount of the nominal share cannot be 100 HRK. To my best knowledge Facebook account Mate Rimac is the personal account of “the” Mr. Mate Rimac. The Facebook account Mate Rimac commented article “Investitori Mate Rimca do sada uložili ukupno preko milijardu kuna (Mate Rimac investors have invested over HRK 1 billion so far)” and stated 8 weeks ago:
“Temeljni kapital je samo refleksija vlasničkih udjela gdje je najmanja jedinica udjela = 200 kn temeljnog kapitala.
(google translation: Share capital is only a reflection of equity where the smallest unit of share = 200 kn of share capital.“).
Mr. Rimac: the smallest unit of share = 200 kn of share capital.
Mr. Rimac KNEW!
THE AGREEMENTS
TOKEN HOLDER AGREEMENT is document which is not signed yet. Smart Zero UG, Greyp Bikes d.o.o. and Investor suppose to sign that paper later. However, the termination of the Token Holder Agreement will happen if Smart Zero UG was liable for willful misconduct and/or gross negligence. And YES! There is willful misconduct and/or gross negligence.
Mr. Krešimir Hlede is Chief Operating Officer at Greyp Bikes d.o.o. and General Manager at Smart Zero UG.
If Mr. Mate Rimac, CEO at Greyp Bikes, and the major stakeholder of Greyp Bikes knew about 200 HRK rule, his second in command, Mr. Hlede knew too!
Paragraf 1.5. of the Agreement is not valid (The total number of Company Equity Tokens amounts to which corresponds to of Shares, with nominal value of 100.00 HRK each.).
The Investor just has to point out to other Agreement parties that the Agreement is not valid and that he will no agree to an Amendment pointing his rights in Paragraph 12.4.
Smart Contract Amendment. No modification or amendment to any of the Smart Contracts, other than Smart Contracts Code Update described in section 12.3 hereof, shall be effective unless authorized by each Party by signing such amended Smart Contract and voiding existing.
The same principal of cancelation can be used for the other document, Reservation and Acquisition Agreement. In this Agreement the Article 1.3. is not valid! (For this purpose, Company has or will initiate an increase of its share capital through the issuance of new shares each with a nominal value of HRK 100.00 (the “Share”).)
This time the Investor should point out to Article 13.4.
Smart Contract Amendment. No modification or amendment to any of the Smart Contracts, other than Code Update described in section 13 hereof, shall be effective unless authorized by each Party by signing such amended Smart Contract and voiding existing Smart Contract.)
Dokapitalizacija Greyp Bikes 