0001383838-15-000011.txt : 20150603 0001383838-15-000011.hdr.sgml : 20150603 20150603113654 ACCESSION NUMBER: 0001383838-15-000011 CONFORMED SUBMISSION TYPE: 3/A PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20150602 FILED AS OF DATE: 20150603 DATE AS OF CHANGE: 20150603 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: China Xiniya Fashion Ltd CENTRAL INDEX KEY: 0001499494 STANDARD INDUSTRIAL CLASSIFICATION: APPAREL & OTHER FINISHED PRODS OF FABRICS & SIMILAR MATERIAL [2300] IRS NUMBER: 000000000 STATE OF INCORPORATION: E9 BUSINESS ADDRESS: STREET 1: 4TH FLOOR, 33 WANG HAI ROAD STREET 2: XIAMEN SOFTWARE PARK PHASE II CITY: XIAMEN, FUJIAN PROVINCE STATE: F4 ZIP: 361000 BUSINESS PHONE: 86 1365 5939 932 MAIL ADDRESS: STREET 1: 4TH FLOOR, 33 WANG HAI ROAD STREET 2: XIAMEN SOFTWARE PARK PHASE II CITY: XIAMEN, FUJIAN PROVINCE STATE: F4 ZIP: 361000 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: SHAH CAPITAL MANAGEMENT CENTRAL INDEX KEY: 0001383838 STATE OF INCORPORATION: NC FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 3/A SEC ACT: 1934 Act SEC FILE NUMBER: 001-34958 FILM NUMBER: 15909217 BUSINESS ADDRESS: STREET 1: 8601 SIX FORKS ROAD STREET 2: SUITE 630 CITY: RALEIGH STATE: NC ZIP: 27615 BUSINESS PHONE: 919 719 6360 MAIL ADDRESS: STREET 1: 8601 SIX FORKS ROAD STREET 2: SUITE 630 CITY: RALEIGH STATE: NC ZIP: 27615 3/A 1 primary_doc.xml PRIMARY DOCUMENT X0206 3/A 2015-06-02 2015-06-02 0 0001499494 China Xiniya Fashion Ltd XNY 0001383838 SHAH CAPITAL MANAGEMENT 8601 SIX FORKS ROAD SUITE 630 RALEIGH NC 27615 0 0 1 0 COMMON STOCK 267099 I See Footnote 1 COMMON STOCK 1672256 I See Footnoe 2 COMMON STOCK 15708 D Form 3 filed on 6/2/2015 is being amended as the name of the company in the Joint Filing Agreement is incorrect. A corrected Joint Filing Agreement is being filed with this form. Represents shares of common stock deemed to be owned beneficially by Shah Capital Management (SCM) solely as a result of its discretionary power over such shares as investment adviser to its separately managed account clients. Represents shares of common stock owned by Shah Capital Opportunity Fund LP (the Fund) which could be deemed to be owned beneficially by SCM solely as a result of its discretionary power over such shares as investment adviser to the Fund, and Shah Capital LLC, as general partner to the Fund. Represents shares held by Himanshu H. Shah directly. Mr. Shah is President of SCM and the Managing Member of Shah Capital LLC and holds a controlling percentage of the outstanding voting securities of both entities. As a result of his position with and ownership of these entities he could be deemed the beneficiary of the shares beneficially owned by Shah Capital LLC on behalf of the Fund, and SCM for other separate account clients and those held by the Fund. Mr. Shah disclaims beneficial ownership of shares beneficially owned by SCM, Shah Capital LLC, and the Fund except to the extent of his pecuniary interest in such shares. This filing is made by SCM, Shah Capital LLC, the Fund and Mr. Shah. Holding reported are correct as of 12/18/2015. The Joint Filing Agreement of Shah Capital Management, Inc., Shah Capital LLC, Shah Capital Opportunity Fund LP and Himanshu Shah is attached hereto as Exhibit 99. Himanshu H. Shah 2015-06-03 EX-99 2 jtfilingagreement.txt JOINT FILING AGREEMENT EX-99 JOINT FILING AGREEMENT The undersigned acknowledge and agree than any filings, including, without limitation, amended filings, with respect to transactions by Shah Capital Opportunity Fund LP, Shah Capital Management Inc and Himanshu H. Shah, in shares of common stock of China Xiniya Fashion Ltd. that are required under Section 16 of the Securities Exchange Act of 1934, as amended, may be filed on behalf of each of the undersigned without the necessity of filing additional joint filing agreements. The undersigned further agree to the filing, furnishing or incorporation by reference of this joint filing agreement as an exhibit to any joint filing made pursuant to Section 16, including any amendments thereto, and for the completeness and accuracy of the information concerning him or her contained therein, but shall not be responsible for the completeness and accuracy of the information concerning any other, except to the extent that he or she knows or has reason to believe that such information is inaccurate. This joint filing agreement shall remain in full force and effect until revoked by any party hereto in a signed writing, provided to such other party hereto,and then only with respect to such revoking party. This agreement may be executed in one or more counterparts, each of which will be deemed an original but all of which taken together will constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned hereby executes this Joint Filing Agreement as of this 2nd day of June 2015. /s/ Himanshu H. Shah Himanshu H. Shah SHAH CAPITAL LLC By: /s/ Himanshu H. Shah, Managing Member SHAH CAPITAL MANAGEMENT, INC. By: /s/ Himanshu H. Shah Himanshu H. Shah, President SHAH CAPITAL OPPORTUNITY FUND LP By: Shah Capital LLC, its General Partner By: /s/ Himanshu H. Shah, Managing Member