Entrusted by the transferor (the Sellers), we have scheduled to hold a public bidding online (www.shipbid.net) from 16:00 to 16:30 (Beijing time) on November 02nd,2023.

1.  Bidding Object

”XING YUN YANG” (IMO: 9663219) ;

Type of Ship: AHTS;

Class: CCS, Next SS: March 3rd, 2028;

Class Notation: ★CSA Tug/Offshore Supply Ship/Fire Fighting Ship 1; Water Spraying; PSPC(B); Ice Class B

       ★CSM AH; AUT-0; DP-2

Flag: China;

PoR: Nanjing;

Built time: March 4th, 2013;

Shipbuilder: Jiangsu Zhenjiang Shipyard (Group) Co., Ltd., China;

LOA: 75.00m; MLB: 16.80m; MLD: 7.80m;

2598 Summer DWT on 6.40m Draft;

M/E: MAN 9L32/44CR, 2 sets* 5040kW×750r/min;

Diesel Engines of Main Generators: Caterpillar C18 ACERT, 2 sets*492kWx1500r/min;

Main Generators: Leroy Somer ARCB595, 2 sets* 450kW/400V/812A;

Shaft Generators: ABB AMG 0500LN04 DAA, 2sets* 2000kW/400V/3608A;

Diesel Engines of Emergency Generator: Lindenberg John Deere 6068 HF 279, 1set* 137kW* 1500r/min;

Emergency Generator: Mecc Alte ECP 34-1L/4, 1 set* 90.4kW/400V;

Main Propulsion: ALPHATRONIC 2000 CPP propeller ×2sets ×3500mm;

Other Propulsion: Bow thrusters Kawasaki KT-130BS, 2 sets*1010kW; Stern thrusters Kawasaki KT-88B, 2 sets*680kW;

Other parameters:

Dynamic Positioning: KONGSBERG DP-2; Fire Fighting: Class FiFi-1; Deck area: 510m2; Deck Strength:5~10t/m2; Bollard pull: 181t; Volume of mud tank: ~355m3.

All the information and data refer to the Vessel provided in this Announcement as well as the attachments are for reference only. If there is any discrepancy, the class certificates and trading certificates and actual ship status shall prevail.

2. Bidding rules

2.1 This bidding will be held with a reserved price. If there are less than two bidders participating in the bidding, this bidding shall be deemed failed upon the completion of the announcing period. If there are two or more bidders participating in the bidding, the Buyers of the Vessel will be carried out by auction. However, if the highest price offered by the bidder is lower than the reserved price, the auction will be deemed as invalid.

2.2 There is a Preemption Claimant to purchase the Vessel in this bidding. The Sellers and the Preemption Claimant have jointly confirmed as follows:

1) The Preemption Claimant has been entitled to participate in the bidding according to the rules and relevant regulations of this bidding activity and bid independently to exercise the right of preemption.

2) The right of preemption of purchase the Vessel shall be deemed as failed and terminated automatically if the Preemption Claimant has not finished application procedures of the bidding within the prescribed time.

3) After the successful bidding, the Preemption Claimant shall be determined as the Buyers if the Preemption Claimant offer the same highest price with the other bidder.

4) The right of preemption of purchase the Vessel shall be deemed as failed and terminated automatically if the Preemption Claimant has not offered the highest price.

2.3 The starting price is RMB 38.80 million, and the bidding deposit is RMB 4.0 million (or USD 0.6 million); Bid increment is a multiple of RMB 0.05million.

2.4 The bidding time will enter into Extension Cycle since 16:25 November 02nd, 2023 (Beijing Time) after the bidding officially starts. And then the ending time will be refreshed to 5 minutes once each new bidding price offered.

2.5 The bidding deposits of the unsuccessful bidders shall be returned within 2 working days after the bidding without interests.

2.6 The time of this auction activity shall be subject to Beijing time (unless otherwise expressly stated).

3.Registration requirements:

3.1 Registration is available from the date of this Announcement and ends on November 02nd, 2023 (Beijing time) before the auction starts(subject to the receipt of bidding deposit, the completion of online registration and the receipt of the bid number plate obtained on the platform. It is recommended that bidders pay the deposit 1-2 days in advance in order to avoid any issues resulting in missing the auction). No registration will be accepted after the deadline. After successful registration, the bidder shall be deemed to have fully known, accepted and complied with the contents of this announcement, bidding rules, special provisions and relevant agreements.

3.2 Any natural persons with full civil capacity in China and corporation or organization in and outside the People’s Republic of China with full capacity for civil conduct and legally existing may participate in this bidding. The bidder shall not subject to or affected by any sanction, embargoes, freezing provisions, prohibitions or other restriction relating to trading, doing business, investment, exporting, financing or making assets available (or other activities similar to or connected with any of the foregoing) imposed by law or regulation of the United Nations, the People's Republic of China, United States of America and European Union against any state, natural or legal person, body or entity and are capable of making the payments in US Dollars as required under this Agreement.

3.3 The bidder shall submit the following documents for registration (including but not limited to):

(1) For domestic bidders:

● 营业执照扫描件（加盖公章）

● 法定代表人身份证扫描件（加盖公章）

● 经办人身份证扫描件及授权委托书（如有，需加盖公章）

●《参拍承诺书》（文本向我司领取）

● 竞拍保证金付款凭证

(2) For overseas bidders:

● Certificate of Incorporation

● Articles of Incorporation

● Copy of Director’s Passport

● Undertaking for Bidding

● Bank slip of bidding deposit

4.Date and Place for Inspection of the Vessel:

Inspection place is to be determined (according to specific voyage and port arrangement, and we will issue the notice in advance if possible) please confirm with the bidding company for details. Potential bidders can inspect the Vessel within the stipulated time. The risk and expenses in relation to the inspection shall be borne by the potential bidders. The bidding company and the Sellers shall only be responsible for coordination work. Potential bidders who fail to participate in the on-site inspection yet complete the registration procedure within the prescribed inspection time shall be deemed to have recognized and accepted the status quo and defects of the Vessel, including but not limited to all known and unknown defects related to the vessel certificates and the vessel condition, etc. Potential bidders shall not object to defects, such as the quality, of the Vessel for any reason.

5. Account of Bidding Company:

(1) RMB ACCOUNT:

l户名：浙江船舶交易市场有限公司

l账号：3309040160000036844

l银行：杭州银行舟山分行

(2) USD ACCOUNT:

lBeneficiary: Zhejiang Shipping Exchange Co., Ltd.

lBeneficiary Address: 6th Floor, Zhoushan Bulk Commodity Exchange Center, No.555 Wengshan Rd, Lincheng Zhoushan Zhejiang Province, P.R.China

lAccount No. : 3309040160000036851

lSWIFT (Beneficiary Bank): HZCBCN2HZSB

lBeneficiary Bank: Bank of Hangzhou Co., Ltd, Zhoushan Branch

lBeneficiary Bank Address: No.619, Dingshen Road, Ganghang Building B Zone, Zhoushan city, Zhejiang Prov. P.R. China

lRemittance Reference: XING YUN YANG

6.Contacts:

Ms. Wen: +86 18058087023/ 0580-2038333

Mr. Xia: +86 15967909740/ 0580-2038333

Mr. Chen: +86 18058087030/ 0580-2027516

Email: auction@shipbid.net

Zhejiang Shipping Exchange Co., Ltd.

Zhoushan Yi Ge Ship Auction Co., Ltd.

October 07th, 2023

Article 1 Bidding Rules is made by relevant laws, regulations and policies of the People's Republic of China and with Shipbid practical situations, to standardize the bidding behaviors, maintain an open, fair and equal transaction order, and protect legitimate rights and interests for all the parties involved.

Article 2 The Transaction Rules of the ship bidding (hereafter to be referred as bidding) is suitable for standardizing all the online bidding behaviors. All the parties involved should abide by the Rules and bear legal responsibilities for their own behaviors.Disputes, if any, shall be settled by the parties through friendly negotiation. If the negotiation fails,parties concerned may file a lawsuit with the people's court where the auction organizer (Zhejiang Ship Exchange Market Co.,Ltd) is located.

Article 3 All legal persons or organizations that exist legally can participate in the bidding only if they have the qualifications of the auction announcement except those provided by laws and regulations.

Article 4 The auction information including videos, pictures and written introductions offered by the Seller will be uploaded through the Shipbid system after verified by the auctioneer.

The Seller shall take all the legal responsibilities and economic losses if he provides with fake information.

Article 5 The bidders couldn’t participate in the bidding activities until they register as the buyers through the Shipbid system.  

The username and passwords should be kept safely. If forgotten, bidders could retrieve through the Shipbid system. And if divulged, bidders should login in time to change the passwords.

Article 6 Before submitting the application for the bidding, the bidders should carefully read the auction announcement, ship’s information, transaction rules and other relevant documents, then login the Shipbid system to fill in true and effective information as required.

Article 7 The bidders should submit the applications in accordance with the auction announcement before the Shipbid starts.If legal personalities, natural persons and other organizations need joint-bidding, they should fill in related information and the proportion of capital contribution of each party as required and sign the Joint Bidding Statement.

Article 8 The bidders apply on the Shipbid system by themselves, and pay the deposit either on line or offline. One deposit is only for one lot. And if the bidders want to bid several ships at the same time, corresponding deposits are required.

The bidders are entitled to bid only if the deposit fully paid to the nominated account (based on the arrival time of the deposit ）within the required time. The bidders shall not be eligible for bidding if the deposit is delayed or not fully paid on time.

Article 9 The bidding shall be conducted with time limit. Qualified bidders can participate in the bidding. The initial offer shall not be lower than the starting price and each offer shall be no less than the specified bid increment.

If it is an auction with reserve price, “YES” will be revealed in the system. Otherwise it will display “NULL”.

Article 10 The bidder shall make a cautious bid, and the offer will be irrevocable once submitted.

Article 11 The last limited time of the Shipbid is FIVE (5) minutes. If there is a new bid within 5 minutes countdown, another 5 minutes will be set.

No new offers would be accepted after the final countdown, and the bidding history will be revealed.

Article 12 Once there is/are (a) bidder offer(s) in the Shipbid, the target bidder (hereinafter called the Buyer) shall be confirmed in accordance with the following rules

(1) Where there is no reserve price, the highest bidder would be the Buyer.

(2)Where there is a reserve price, the bidder with the highest offer and not lower than the reserve price would be the Buyer; If the highest offer is lower than the reserve price, the bidding will be pass.

When the time for the bidding is over, the bidding system will be automatically closed.

Article 13 The Buyer should confirm his qualification with the enterprise or individual valid certification to the auctioneer within 2 working days after the bidding. After verification and confirmation, the Buyer should sign the Purchase Confirmation. If the buyer fails to sign the Auction Transaction Confirmation for reasons, the auction result shall not be affected.

If the buyer fails to pass the qualification due to submitting false registration materials, the bidding result is invalid or the buyer breaches the contract, he shall pay the bidding service fee of both the buyers and the sellers; If the price of the re-auction is lower than the transaction amount, the buyer must make up the difference.

Article 14 If the Buyers do not pay the balance of Purchase Price within the prescribed time or do not take the bidding object, the Sellers are entitled to bid again of which the original Buyers cannot partiticate. If the Buyers regret to bid after completion of the auction (including but not limited to failure to pay the balance Purchase Price 2 working days prior to delivery, or other circumstances the original Buyers express clearly ), the bidding deposit lodged shall not be refunded, and will be used to pay the cost loss caused by the first bidding, make up the difference between the re-bidding price and the first bidding price. If the deposit amount is insufficient cover the costs, the Sellers have the right to pursue recourse against the original Buyers.

Article 15 The payment of balance shall be remitted to the nominated account in time according to the Purchase Confirmation.

Article 16 The Buyer should sign the Sale and Purchase Contract by the Purchase Confirmation with the seller within the required time and make relevant transaction procedures.

Article 17 After paying the balance, the Buyer himself should handover the lot and manage the transaction procedures in time. If the Buyer fails to manage within required time, he himself should pay the costs caused by the delay and afford the consequences of possible damage or losses.

Article 18 The Buyer himself should register the lot and bear all relevant expenses occurred according to the regulations and policies during the transaction procedures.

Article 19 The bidding currency is RMB. Both the starting price and purchase price do not include the expenses and taxes occurred during transaction procedures.

Article 20 If the bidder obstruct others to bid, manipulate or monopoly the bidding price, or make malicious collusion, the auction will be cancelled once above behaviors are found, and relevant legal responsibility will be borne by the bidder.

Article 21 If the bidder cannot normally login the Shipbid system to apply, offer or bid because of following reasons such as virus invasion, hardware failure, network congestion or passwords forgotten and divulge, etc., he himself should bear the consequences and the bidding will not be suspended.

Article 22 The auctioneer reserves the right to suspend or withdraw the bidding before it starts according to the laws and regulations.

Article 23 The auctioneer reserves the right to suspend or withdraw the bidding if force majeure or accident has caused the online auction to fail.

Article 24 The seller and the auctioneer shall not bear any responsibility for the abnormal service of the website or the interruption of the auction activity due to force majeure or any third party.  After that, the auctioneer will issue a supplementary announcement and explain the reasons for the interruption. A new auction announcement will be issued 阿as soon as possible the website service returns to normal, and the online auction will be organized and completed according to the new auction announcement. The starting price and reserve price (if any) for re-organizing the bidding due to the above reasons shall be consistent with the original announcement.

Article 25 These rules are general rules for online auction transactions of ships. In case of any conflict with the announcement or agreement of a single item, the terms of a single item shall prevail.

Article 26 If the bidding announcement, additional provision, inspection report or technical status report of the subject object is described and publicized in Chinese and English (or other languages), in case of contradiction or inconsistency, The Chinese version shall prevail.

Article 27 If the person with the right of preemption participates in the bidding, he/she shall submit legal and effective certificates to the auctioneer before the auction begins. After the auctioneer confirms the qualification, he/she can obtain the right of preemption to participate in the bidding. If he/she fails to submit within the time limit, he/she shall be deemed to have given up the right of preemption of the subject matter. 

Article 28 The time concerned in the bidding all depends on Shipbid system service time, except the deposit arriving time which depending on the bank recording time. All the time of information arriving is subject to the time when the information received by Shipbid.

Zhejiang Shipping Exchange Co Ltd is responsible for the interpretation of the Rules

1.This additional provision is a supplement to the bidding announcement and rules, which has the same legal effect.

2. Bidding Object:

”XING YUN YANG” (IMO: 9663219)

Type of Ship: AHTS;

Class: CCS, Next SS: March 3rd, 2028;

Class Notation: ★CSA Tug/Offshore Supply Ship/Fire Fighting Ship 1; Water Spraying; PSPC(B); Ice Class B

       ★CSM AH; AUT-0; DP-2；

Flag: China;

PoR: Nanjing;

Built time: March 4th, 2013;

Shipbuilder: Jiangsu Zhenjiang Shipyard (Group) Co., Ltd., China

LOA: 75.00; MLB: 16.80; MLD: 7.80

2598 Summer DWT on 6.40m Draft;

M/E: MAN 9L32/44CR* 2 sets* 5040kW×750r/min;

Diesel Engines of Generators: Caterpillar C18 ACERT* 2 sets* 492kWx1500 r/min;

Generators: Leroy Somer ARCB595* 2 sets* 450kW/400V/812A;

 ABB AMG 0500LN04 DAA; 2sets* 2000kW/400V/3608A;

Diesel Engines of Emergency Generators: Lindenberg John Deere 6068 HF 279; 1set* 137kW* 1500r/min;

Emergency Generator: Mecc Alte ECP 34-1L/4* 1 set* 90.4kW/400V;

Main Propulsion: ALPHATRONIC 2000 CPP propeller ×2sets ×3500mm;

Other Propulsion: Bow thrusters Kawasaki KT-130BS, 2 sets*1010kW; Stern thrusters Kawasaki KT-88B, 2 sets*680kW;

Other parameters:

Dynamic Positioning: KONGSBERG DP-2; Fire Fighting: FIFI Class I; Deck area: 510 ㎡; Deck Strength: 5~10t/㎡; Bollard pull: 181t; Volume of mud tank: 355m3.

All the information and data provided in the Bidding Announcement, Special Provision, Technical Report as well as any other channel related to the Vessel are for reference only. The bidding object is subject to the status at the time of inspection. If there is any discrepancy between the actual situation and the information and data above shall not affect the bidding and bidding price. Once the bidding is concluded, the Sellers and us shall not assume take any liability for defects or quality problems of the bidding vessel.

3. After Bidding

3.1 After a successful bidding, the Buyers shall sign an Auction Confirmation with the Bidding Company on the same day (the “Bidding Day”) by email or facsimile. The Buyers shall sign an original Auction Confirmation with the Bidding Company within two (2) working days of the Bidding Day.

3.2 The sales and purchases contract (MOA) shall be signed as attached. In principle, no modification of the MOA will be allowed, except filling with the necessary information (e.g. Buyers' information, purchase price, signing date, etc.), or others terms mutually agreed between the Sellers and the Buyers. In the event of any conflict or ambiguity between MOA and this public auction regulations (including the bidding Announcement, bidding rules, special provision, etc), the terms in such public notice shall prevail. The Buyers shall sign the sales and purchases contract (MOA) with the Sellers within five (5) working days after signing Auction Confirmation (no later than 3 working days prior to delivery date).  

3.3 It’s acknowledged the account designated by the bidding company is the escrow account for the Buyers and Sellers to hold and release the funds of the Purchase Price without interests and the Escrow Agreement shall be signed by the Buyers, the Sellers and the Bidding Company on the same day of signing MOA.

If the domestic Buyers are determined to succeed, the bidding deposit paid by the domestic Buyers shall be automatically converted into the purchase deposit after the signing of the Sales and Purchase Contract of Chinese

However, if the overseas Buyers are determined to succeed, the Buyers and the Sellers have the right to choose Holman Fenwick Willan LLP Shanghai Office or Stephenson Harwood as the Escrow Agent and sign the Escrow Agreement accordingly. The relevant costs shall be negotiated by the Sellers and the Buyers. It’s acknowledged the dollar account designated by Escrow Agent is the escrow account for the Buyers and Sellers to hold and release the funds of the Purchase Price as well as all other sum payable. The Buyers shall pay 10% of the purchase price (the Purchase Deposit under MOA) to the escrow account by T/T within three (3) working days after the MOA has been signed and escrow account has been open. The Bidding Company shall refund the bidding deposit paid by the overseas Buyers with the deduction of bidding service fee to the overseas Buyers within three (3) working days (without interests) once the Escrow Agent confirms the safe receipt of the Purchase Deposit. 

3.4 The Purchase Price shall be settled in CNY. If the Buyers are of an overseas enterprise, the Purchase Price shall be exchanged against the middle exchange rate announced by the Bank of China on the bidding day. At the same time, the Sellers shall be responsible for exporting matters, and the export-related expenses shall be borne by the Sellers.

3.5 If the Buyers fail to sign the Auction Confirmation or the Sales and Purchase Contract in Chinese (or the MOA in English) as scheduled, And if the escrow account is failed to open due to the Buyers’ reasons, or the Buyers fail to pay the Purchase Deposit on time, the Sellers shall have the right to cancel the MOA and the MOA shall be null and void the Sellers shall be entitled to confiscate all the bidding deposit but without prejudice to the Sellers’ right to claim their losses against the Buyers.The bidding company shall release the bidding deposit with the deduction of bidding service fee to the Sellers. Zhejiang Shipping Exchange Co., Ltd. shall have the right to re-organize the bidding activity for the object Vessel against the instructions of the Sellers.. The bidding company shall release the bidding deposit with the deduction of bidding service fee to the Sellers.

4. Transfer (Deletion) and Delivery of the Vessel:

4.1 The Buyers shall pay the bidding service fee no later than 16:00 on November 06th, 2023 (Beijing Time). And the Buyers shall remit the balance of the Purchase Price, estimated ROB charge and other delivery money (if any) to the escrow account, at least TWO (2) working days prior to the Vessel’s expected delivery date as notified by the Sellers’ 10 days’ approximate notice. Any delay or failure to pay fees mentioned above shall be deemed as a breach of the Bidding Announcement and the MOA.

4.2 The original owner (as the Sellers) should complete all the deletion procedures relating to the Vessel within 10 working days after the original Protocol of Delivery and Acceptance signed, dated and timed arrive at the Sellers.

Notice of Readiness shall not be tendered before: November 13th, 2023

The Latest Delivery Date: December 15th, 2023

If the Delivery indeed has to be postponed due to voyages and other force majeure factors, a new Latest Delivery Date should be mutually agreed by the Sellers and the Buyers.

4.3 Delivery Place: The Vessel shall be delivered and taken over by the Buyers on an “as is where is” basis safely afloat at a safe and accessible berth or anchorage within full China range in the Sellers’ option. The Sellers shall send the notice with intended delivery time and place 10 days in advance.

The Sellers are not responsible for any time and cost for Buyers’ taking delivery of the Vessel which shall be for the Buyers’ account.

The Buyers shall be deemed to accept the vessel’s condition if they did not inspect the vessel within the prescribed inspection time. Once the bidders complete the registration procedures and participates in the bidding, it shall be deemed to have fully understood all the information of the subject matter of the bid, including but not limited to all known and unknown defects related to the vessel certificate, vessel condition, etc. The Buyers shall not raise objections to the defects such as the quality of the bid target for any reason. 

4.4 Documents provided by the Sellers and the Buyers on Closing shall be refer to The Sales and Purchases contract / MOA.

4.5 Three (3) attachments in total（Undertaking for Bidding, Technical Report, draft MOA）. Please download and check the details.

5. Related Expenses

5.1 Bidding service fee: After the successful bidding, the Buyers shall pay the bidding company 1% of the Purchase Price as bidding service fee (the bidding service fee will be immediately deducted from the bidding deposit after successful bidding if the Buyers and the Sellers appoint Holman Fenwick Willan LLP Shanghai Office or Stephenson Harwood as the Escrow Agent).

5.2 The bank charges related to the bidding deposit shall be borne by the bidders; and the bank charges related to the purchase price shall be borne by the Buyers.

5.3 The Sellers shall provide with commercial invoices of the purchase price, the bunkers and other delivery monies (if any). All the taxes, expenses and costs incurred after the vessel delivery shall be borne by the Buyers themselves.

5.4 On delivery, the Buyers and the Sellers shall take measurement of the remaining bunkers and unused lubricating. The Buyers shall take over remaining unused lubricating and hydraulic oils and grease in storage tanks and unopened drums and pay:

(a) the last actual net price (excluding barging expenses) as evidenced by invoices or vouchers; or if such invoices or vouchers not available, the Sellers provide the marketing price published by the makers on the 4th business day prior to the date of delivery.  

The Buyers shall take over the remaining bunkers at:

(b) the last actual net price as evidenced by invoices or vouchers; or if not available from the Sellers, the Platts Shanghai bunker price on the 4th business day prior to the delivery date shall be applied.

5.5 The Vessel with everything belonging to her shall be at the Sellers' risk and expense until she is delivered to the Buyers, while the Vessel’s risk and expenses shall be for the Buyers’ account after signing Protocol of Delivery and Acceptance under this Agreement. If there are other agreements in the MOA, the agreement in the MOA signed by the Buyers and Sellers shall prevail.

6. The announcement in Chinese and English respectively, in the event of any discrepancies between the Chinese and English versions, the Chinese version shall prevail.

7. Matters not covered herein shall be settled through negotiation by the bidding company, the Sellers and the Buyers.

Zhejiang Shipping Exchange Co., Ltd.

Zhoushan Yi Ge Ship Auction Co., Ltd.

October 07th, 2023

Technical Report-XING YUN YANG.pdf

Class Status Report-Xing Yun Yang.pdf

Sellers‘ Terms of MOA-XING YUN YANG.pdf

Undertaking for Bidding(MV XING YUN YANG).pdf