Common use of Undertakings of the Existing Shareholders Clause in Contracts

Undertakings of the Existing Shareholders. The Existing Shareholders hereby undertake that they will: 6.1 Within the term of this Agreement, take all necessary actions to ensure that GDS Shanghai 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 Shareholders 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 Shareholders shall not increase or decrease Registered Capital of GDS Shanghai; 6.2.3 The Existing Shareholders shall not dispose of or cause the management of GDS Shanghai to dispose of any of the Assets of GDS Shanghai (except in the ordinary course of business); 6.2.4 The Existing Shareholders shall not terminate or cause the management of GDS Shanghai to terminate the Principal Agreements or enter into any contract in conflict with the Principal Agreements; 6.2.5 The Existing Shareholders shall not appoint or dismiss any of the directors, supervisors or other management personnel of GDS Shanghai that shall be appointed and dismissed by the Existing Shareholders; 6.2.6 The Existing Shareholders shall not declare distribution or actual payout of any distributable profits, interests, or dividends; 6.2.7 The Existing Shareholders shall ensure the continuous existence of GDS Shanghai and that GDS Shanghai will not be terminated, liquidated or dissolved; 6.2.8 The Existing Shareholders shall not modify the Articles of Association of GDS Shanghai; and 6.2.9 The Existing Shareholders shall ensure that GDS Shanghai 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 GDS Shanghai’s business and to ensure the legal operation of GDS Shanghai, without any action or nonfeasance that might damages to the Assets of GDS Shanghai, its reputation, or the effectiveness of its Certificates.

Undertakings of the Existing Shareholders. The Existing Shareholders hereby undertake that they will: 6.1 Within the term of this Agreement, take all necessary actions to ensure that GDS Shanghai Beijing obtain all Certificates for its business operation in a timely manner and maintain the continue continuous effectiveness of the certificates at all times; 6.2 During the term of the Agreement, without prior written consent by the WFOE: 6.2.1 The Existing Shareholders 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 Shareholders shall not increase or decrease Registered Capital of GDS ShanghaiBeijing; 6.2.3 The Existing Shareholders shall not dispose of or cause the management personnel of GDS Shanghai Beijing to dispose of any of the Assets of GDS Shanghai Beijing (except in the ordinary course of business); 6.2.4 The Existing Shareholders shall not terminate or cause the management personnel of GDS Shanghai Beijing to terminate the Principal Agreements or enter into any contract in conflict with the existing Principal Agreements; 6.2.5 The Existing Shareholders shall not appoint or dismiss any of the directors, supervisors or other management personnel of GDS Shanghai Beijing that shall be appointed and dismissed by the Existing Shareholders; 6.2.6 The Existing Shareholders shall not declare distribution of or actual actually payout of any distributable profits, interests, or dividends; 6.2.7 The Existing Shareholders shall ensure the continuous existence of GDS Shanghai Beijing and that GDS Shanghai Beijing will not be terminated, liquidated or dissolved; 6.2.8 The Existing Shareholders shall not modify the Articles of Association of GDS ShanghaiBeijing; and 6.2.9 The Existing Shareholders shall ensure that GDS Shanghai 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 GDS ShanghaiBeijing’s business and to ensure the legal operation of GDS ShanghaiBeijing, without any action or nonfeasance that might damages to damage the Assets of GDS ShanghaiBeijing, its reputation, or the effectiveness of its Certificates.