0001193125-04-210387 Sample Contracts

6,075,000 Shares in the Form of American Depositary Shares THE9 LIMITED UNDERWRITING AGREEMENT
Underwriting Agreement • December 9th, 2004 • The9 LTD • Services-business services, nec • New York

This Custody Agreement (“Agreement”) is executed by the undersigned stockholder (the “Selling Stockholder”) in connection with and in furtherance of a proposed public offering (the “Public Offering”) of shares of Ordinary Shares, par value US$0.01 per share (the “Common Shares”) in the form of American Depositary Shares (“ADSs”), of The9 Limited, an exempted company with limited liability existing under the laws of the Cayman Islands (the “Company”). The proposed underwritten Public Offering will be effected pursuant to an underwriting agreement (the “Underwriting Agreement”) to be entered into by and among the Company, the Selling Stockholder, other Selling Stockholders and Bear, Stearns & Co. Inc., as Representative on behalf of a group of underwriters (the “Underwriters”). In connection with the Public Offering, [·], has been appointed as the Transfer Agent (the “Transfer Agent”) for the Common Shares. Capitalized terms used, but not otherwise defined herein, shall have the respecti

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