Several elements suggest that from the start the intention of Evergreen and Q-Cells was to give equal power to both partners as soon as the SME bonus was secured: The MJVA1 lays down in its Article 3(6) that, ‘if it is possible under the applicable grant regulations, that Q-Cells increases its ownership interest in Sovello to 50 %, without such increase of Q-Cells’ ownership interest in Sovello possibly resulting in an application for Government Investment Grants being turned down, (…), then Q-Cells shall be offered to increase its ownership interest in Sovello to a level equal to the percentage’ then held by Evergreen. In this context, a preferential price shall apply.
Diversi elementi indicano che fin dall’inizio Evergreen e Q–Cells intendevano accordare pari diritti ad entrambi i partner non appena la concessione della maggiorazione per le PMI fosse stata assicurata: