Common use of Undertakings of the Existing Shareholder Clause in Contracts

Undertakings of the Existing Shareholder. The Existing Shareholder hereby undertakes that he/she will: 6.1 Within the term of this Agreement, take all necessary actions to ensure that Shanghai Xinwan obtain all Certificates for its business operation in a timely manner and maintain the continue effectiveness of the certificates at all times; 6.2 During the term of the Agreement, without prior written consent by WFOE: 6.2.1 The Existing Shareholder shall not transfer or dispose of in any other means any Option Stock or create any security interests or third party rights on the Option Stock; 6.2.2 The Existing Shareholder shall not increase or decrease Registered Capital of Shanghai Xinwan; 6.2.3 The Existing Shareholder shall not dispose of or cause the management of Shanghai Xinwan to dispose of any of the Assets of Shanghai Xinwan (except in the ordinary course of business); 6.2.4 The Existing Shareholder shall not terminate or cause the management of Shanghai Xinwan to terminate the Principal Agreements or enter into any contract in conflict with the Principal Agreements; 6.2.5 The Existing Shareholder shall not appoint or dismiss any of the directors, supervisors or other management personnel of Shanghai Xinwan that shall be appointed and dismissed by the Existing Shareholder; 6.2.6 The Existing Shareholder shall not declare distribution or actual payout of any distributable profits, interests, or dividends; 6.2.7 The Existing Shareholder shall ensure the continuous existence of Shanghai Xinwan and that Shanghai Xinwan will not be terminated, liquidated or dissolved; 6.2.8 The Existing Shareholder shall not modify the articles of association of Shanghai Xinwan; and 6.2.9 The Existing Shareholder shall ensure that Shanghai Xinwan do not lend or borrow any loan, or provide guarantee or provide securities in other means, or assume any material liabilities for those other than arising from the ordinary business operations; 6.3 During the term of this Agreement, use its best endeavor to promote Shanghai Xinwan’s business and to ensure the legal operation of Shanghai Xinwan, without any action or nonfeasance that might damages to the assets of Shanghai Xinwan, its reputation, or the effectiveness of its Certificates.

Undertakings of the Existing Shareholder. The Existing Shareholder hereby undertakes that he/she it will: 6.1 Within the term of this Agreement, take all necessary actions to ensure that GDS Shanghai Xinwan obtain all Certificates for its business operation in a timely manner and maintain the continue effectiveness of the certificates at all times; 6.2 During the term of the Agreement, without prior written consent by WFOE: 6.2.1 The Existing Shareholder shall not transfer or dispose of in any other means any Option Stock or create any security interests or third party rights on the Option Stock; 6.2.2 The Existing Shareholder shall not increase or decrease Registered Capital of Shanghai XinwanGDS Shanghai; 6.2.3 The Existing Shareholder shall not dispose of or cause the management of GDS Shanghai Xinwan to dispose of any of the Assets of GDS Shanghai Xinwan (except in the ordinary course of business); 6.2.4 The Existing Shareholder shall not terminate or cause the management of GDS Shanghai Xinwan to terminate the Principal Agreements or enter into any contract in conflict with the Principal Agreements; 6.2.5 The Existing Shareholder shall not appoint or dismiss any of the directors, supervisors or other management personnel of GDS Shanghai Xinwan that shall be appointed and dismissed by the Existing Shareholder; 6.2.6 The Existing Shareholder shall not declare distribution or actual payout of any distributable profits, interests, or dividends; 6.2.7 The Existing Shareholder shall ensure the continuous existence of GDS Shanghai Xinwan and that GDS Shanghai Xinwan will not be terminated, liquidated or dissolved; 6.2.8 The Existing Shareholder shall not modify the articles of association of Shanghai XinwanGDS Shanghai; and 6.2.9 The Existing Shareholder shall ensure that GDS Shanghai Xinwan do not lend or borrow any loan, or provide guarantee or provide securities in other means, or assume any material liabilities for those other than arising from the ordinary business operations; 6.3 During the term of this Agreement, use its best endeavor to promote Shanghai XinwanGDS Shanghai’s business and to ensure the legal operation of Shanghai XinwanGDS Shanghai, without any action or nonfeasance that might damages to the assets of Shanghai XinwanGDS Shanghai, its reputation, or the effectiveness of its Certificates.

Undertakings of the Existing Shareholder. ​ The Existing Shareholder hereby undertakes that he/she will:: ​ 6.1 Within the term of this Agreement, take all necessary actions to ensure that Shanghai Xinwan obtain all Certificates for its business operation in a timely manner ​ ​ ​ and maintain the continue effectiveness of the certificates at all times; 6.2 During the term of the Agreement, without prior written consent by WFOE:: ​ 6.2.1 The Existing Shareholder shall not transfer or dispose of in any other means any Option Stock or create any security interests or third party rights on the Option Stock; 6.2.2 The Existing Shareholder shall not increase or decrease Registered Capital of Shanghai Xinwan; 6.2.3 The Existing Shareholder shall not dispose of or cause the management of Shanghai Xinwan to dispose of any of the Assets of Shanghai Xinwan (except in the ordinary course of business); 6.2.4 The Existing Shareholder shall not terminate or cause the management of Shanghai Xinwan to terminate the Principal Agreements or enter into any contract in conflict with the Principal Agreements;; ​ 6.2.5 The Existing Shareholder shall not appoint or dismiss any of the directors, supervisors or other management personnel of Shanghai Xinwan that shall be appointed and dismissed by the Existing Shareholder;; ​ 6.2.6 The Existing Shareholder shall not declare distribution or actual payout of any distributable profits, interests, or dividends; 6.2.7 The Existing Shareholder shall ensure the continuous existence of Shanghai Xinwan and that Shanghai Xinwan will not be terminated, liquidated or dissolved;; ​ 6.2.8 The Existing Shareholder shall not modify the articles of association of Shanghai Xinwan; andand ​ 6.2.9 The Existing Shareholder shall ensure that Shanghai Xinwan do not lend or borrow any loan, or provide guarantee or provide securities in other means, or assume any material liabilities for those other than arising from the ordinary business operations; 6.3 During the term of this Agreement, use its best endeavor to promote Shanghai Xinwan’s business and to ensure the legal operation of Shanghai Xinwan, without any action or nonfeasance that might damages to the assets of Shanghai Xinwan, its reputation, or the effectiveness of its Certificates.

Undertakings of the Existing Shareholder. The Existing Shareholder hereby undertakes that he/she it will: 6.1 Within the term of this Agreement, take all necessary actions to ensure that Shanghai Xinwan GDS Beijing obtain all Certificates for its business operation in a timely manner and maintain the continue effectiveness of the certificates at all times; 6.2 During the term of the Agreement, without prior written consent by WFOE: 6.2.1 The Existing Shareholder shall not transfer or dispose of in any other means any Option Stock or create any security interests or third party rights on the Option Stock; 6.2.2 The Existing Shareholder shall not increase or decrease Registered Capital of Shanghai XinwanGDS Beijing; 6.2.3 The Existing Shareholder shall not dispose of or cause the management of Shanghai Xinwan GDS Beijing to dispose of any of the Assets of Shanghai Xinwan GDS Beijing (except in the ordinary course of business); 6.2.4 The Existing Shareholder shall not terminate or cause the management of Shanghai Xinwan GDS Beijing to terminate the Principal Agreements or enter into any contract in conflict with the Principal Agreements; 6.2.5 The Existing Shareholder shall not appoint or dismiss any of the directors, supervisors or other management personnel of Shanghai Xinwan GDS Beijing that shall be appointed and dismissed by the Existing Shareholder; 6.2.6 The Existing Shareholder shall not declare distribution or actual payout of any distributable profits, interests, or dividends; 6.2.7 The Existing Shareholder shall ensure the continuous existence of Shanghai Xinwan GDS Beijing and that Shanghai Xinwan GDS Beijing will not be terminated, liquidated or dissolved; 6.2.8 The Existing Shareholder shall not modify the articles of association of Shanghai XinwanGDS Beijing; and 6.2.9 The Existing Shareholder shall ensure that Shanghai Xinwan GDS Beijing do not lend or borrow any loan, or provide guarantee or provide securities in other means, or assume any material liabilities for those other than arising from the ordinary business operations; 6.3 During the term of this Agreement, use its best endeavor to promote Shanghai XinwanGDS Beijing’s business and to ensure the legal operation of Shanghai XinwanGDS Beijing, without any action or nonfeasance that might damages to the assets of Shanghai XinwanGDS Beijing, its reputation, or the effectiveness of its Certificates.