COMMON STOCK PURCHASE WARRANT CHINA XD PLASTICS COMPANY LIMITEDCommon Stock Purchase Warrant • October 6th, 2010 • China XD Plastics Co LTD • Plastics foam products
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, _____________ or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after _________1 (the “Initial Exercise Date”) and on or prior to the close of business on ____________2 (the “Termination Date”) but not thereafter, to subscribe for and purchase from China XD Plastics Company Limited, a Nevada corporation (the “Company”), up to ______ shares (as subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 6th, 2010 • China XD Plastics Co LTD • Plastics foam products • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of October 4, 2010, between China XD Plastics Company Limited, a Nevada corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
October 4, 2010 STRICTLY CONFIDENTIAL Mr. Jie Han Chairman and Chief Executive Officer China XD Plastics Company LimitedPlacement Agent Agreement • October 6th, 2010 • China XD Plastics Co LTD • Plastics foam products • New York
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 30th, 2009 • China XD Plastics Co LTD • Telephone communications (no radiotelephone) • New York
REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of November 27, 2009, by and among China XD Plastics Company Limited, a Nevada corporation, with headquarters located at No. 9 Qinling Road, Yingbin Road Centralized Industrial Park, Harbin Development Zone, Heilongjiang 150078, China (the "Company"), and the investors listed on the Schedule of Buyers attached hereto (each, a "Buyer" and collectively, the "Buyers").
INDEMNIFICATION AGREEMENT by and between China XD Plastics Company Limited and as IndemniteeIndemnification Agreement • August 15th, 2011 • China XD Plastics Co LTD • Plastics foam products • Nevada
This INDEMNIFICATION AGREEMENT (this “Agreement”) is made as of [________], 2011, by and between China XD Plastics Company Limited (the “Company”) and [________] (“Indemnitee”). Capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in Article 1.
REGISTRATION RIGHTS AGREEMENT BETWEEN CHINA XD PLASTICS COMPANY LIMITED, and MSPEA MODIFIED PLASTICS HOLDING LIMITED Dated August 15, 2011Registration Rights Agreement • August 15th, 2011 • China XD Plastics Co LTD • Plastics foam products • New York
EMPLOYMENT AGREEMENTEmployment Agreement • March 16th, 2015 • China XD Plastics Co LTD • Plastics foam products
Party A and Party B hereby agree to enter into the present contract (this "Contract") in good faith and based on the principle of equality, voluntariness, mutual agreement through negotiation in accordance with the Employment Law of the People's Republic of China, Employment Contract Law of the People's Republic of China and other related laws and regulations and will comply with the terms and conditions set forth hereunder.
AGREEMENT AND PLAN OF MERGERMerger Agreement • December 31st, 2008 • NB Telecom, Inc. • Telephone communications (no radiotelephone) • Nevada
AGREEMENT AND PLAN OF MERGER (“Agreement”) made this 24th day of December 2008 by and among NB Telecom, Inc., a Nevada corporation (the “Parent”), China XD Plastics Company Limited, a Nevada corporation (the “Merger Sub”) wholly owned by the Parent, and Favor Sea Limited (“Company”) a British Virgin Islands corporation, and XD. Engineering Plastics Company Limited, a British Virgin Islands corporation, the principal shareholder of the Company (the “Principal Shareholder” and together with the minority shareholders in the Company, the “Sellers”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 16th, 2017 • China XD Plastics Co LTD • Plastics foam products
Party A and Party B hereby agree to enter into the present contract (this "Contract") in good faith and based on the principle of equality, voluntariness, mutual agreement through negotiation in accordance with the Employment Law of the People's Republic of China, Employment Contract Law of the People's Republic of China and other related laws and regulations and will comply with the terms and conditions set forth hereunder.
EQUITY CONTRIBUTION and voting AGREEMENTEquity Contribution and Voting Agreement • June 15th, 2020 • China XD Plastics Co LTD • Plastics foam products • Nevada
This EQUITY CONTRIBUTION AND VOTING AGREEMENT (this “Agreement”), is made and entered into as of June 15, 2020 by and among Faith Dawn Limited, an exempted company with limited liability incorporated under the Laws of the Cayman Islands (“Parent”), and certain stockholders of China XD Plastics Company Limited, a Nevada corporation (the “Company”), listed on Schedule A hereto (each, a “Rollover Stockholder” and collectively, the “Rollover Stockholders”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Merger Agreement (as defined below).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 30th, 2009 • China XD Plastics Co LTD • Telephone communications (no radiotelephone) • New York
SECURITIES PURCHASE AGREEMENT (the "Agreement"), dated as of November 27, 2009, by and among China XD Plastics Company Ltd., a Nevada corporation, with headquarters located at No. 9 Qinling Road, Yingbin Road Centralized Industrial Park Harbin Development Zone, Heilongjiang, China 150078 (the "Company"), and the investors listed on the Schedule of Buyers attached hereto (individually, a "Buyer" and collectively, the "Buyers").
SERVICE AGREEMENTService Agreement • March 31st, 2011 • China XD Plastics Co LTD • Plastics foam products • Nevada
This Service Agreement (“Agreement”) is entered into as of the 14th day of May, 2009 (“Effective Date”) between China XD Plastics Company Limited, whose principal offices are located at 11 Broadway Suite #1004, New York, NY 10004 U.S.A. and its Wholly Owned Foreign Entity is located at No.9 Qinling Road, Yingbin Road Centralized Industrial Park Harbin Development Zone, Heilongjiang, China 150078 (hereinafter referred to as the “Company”), and Yong Jin , having an address at [ ] (hereinafter referred to as the “Director”), to provide the terms under which the Director shall perform his functions as an elected independent member of the Board of Directors of the Company during his respective terms.
AGREEMENT AND PLAN OF MERGER by and among Faith Dawn Limited Faith Horizon Inc. and China XD Plastics Company Limited Dated as of June 15, 2020Merger Agreement • June 15th, 2020 • China XD Plastics Co LTD • Plastics foam products • Nevada
THIS AGREEMENT AND PLAN OF MERGER, dated as of June 15, 2020 (this “Agreement”), by and among China XD Plastics Company Limited, a Nevada corporation (the “Company”), Faith Dawn Limited, an exempted company with limited liability incorporated under the Laws of the Cayman Islands (“Parent”), and Faith Horizon Inc., a Nevada corporation and a wholly-owned subsidiary of Parent (“Merger Sub”). Capitalized terms used herein (including in the immediately preceding sentence) and not otherwise defined herein shall have the meanings set forth in Section 1.1 hereof.
Additive Manufacturing Used Composites (3D Printing Materials) Project Equipment Purchase ContractEquipment Purchase Contract • March 16th, 2017 • China XD Plastics Co LTD • Plastics foam products
Buyer: Sichuan Xinda Enterprise Group Company Limited(the "Buyer"), a company incorporated according to the laws and regulations of the People's Republic of China ("PRC"), whose registration address is Yinghua Industrial Zone, Shunqing District, Nanchong City, Sichuan Province, PRC.
June 15, 2020Equity Commitment Letter • June 15th, 2020 • China XD Plastics Co LTD • Plastics foam products • Nevada
Mr. Jie Han (the “Sponsor”) is pleased to offer this commitment, subject to the terms and conditions contained in this letter agreement (“Agreement”), to purchase, or cause the purchase of, directly or indirectly, equity interests of Faith Dawn Limited, an exempted company with limited liability incorporated under the Laws of the Cayman Islands (“Parent”). Reference is made to the Agreement and Plan of Merger, to be entered into concurrently with this Agreement (as may be amended, restated, supplemented or otherwise modified from time to time in accordance with its terms, the “Merger Agreement”), by and among Parent, Faith Horizon Inc., a Nevada corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and China XD Plastics Company Limited, a Nevada corporation (the “Company”), pursuant to which Merger Sub will be merged with and into the Company, with the Company surviving that merger on the terms and conditions set forth in the Merger Agreement (the “Merger”). In the Merger
SERVICE AGREEMENTService Agreement • January 2nd, 2020 • China XD Plastics Co LTD • Plastics foam products • Nevada
This Service Agreement (“Agreement”) is entered into as of the 1st day of January, 2020 (“Effective Date”) between China XD Plastics Company Limited (hereinafter referred to as the “Company”) and Guanbao Huang, (hereinafter referred to as the “Director”), to provide the terms under which the Director shall perform his functions as an elected independent member and compensation committee Chairman of the Board of Directors of the Company during his respective terms.
AMENDMENT NO. 1 TO THE MERGER AGREEMENTMerger Agreement • December 14th, 2020 • China XD Plastics Co LTD • Plastics foam products
This AMENDMENT NO. 1 TO THE MERGER AGREEMENT, dated as of December 13, 2020, is entered into by and among China XD Plastics Company Limited, a Nevada corporation (the “Company”), Faith Dawn Limited, an exempted company with limited liability incorporated under the Laws of the Cayman Islands (“Parent”), and Faith Horizon Inc., a Nevada corporation and a wholly-owned subsidiary of Parent (“Merger Sub”). Parent, Merger Sub and the Company may hereafter be referred to as a “Party” in their individual capacities and as “Parties” collectively.
LIMITED GUARANTEELimited Guarantee • June 15th, 2020 • China XD Plastics Co LTD • Plastics foam products • Nevada
LIMITED GUARANTEE, dated as of June 15, 2020 (this “Limited Guarantee”), by Mr. Jie Han (the “Guarantor”), in favor of China XD Plastics Company Limited, a Nevada corporation (the “Guaranteed Party”). Reference is hereby made to that certain Agreement and Plan of Merger, dated as of the date hereof (as the same may be amended, restated, supplemented or otherwise modified from time to time in accordance with its terms, the “Merger Agreement”), by and among the Guaranteed Party, Faith Dawn Limited, an exempted company with limited liability incorporated under the Laws of the Cayman Islands (“Parent”), and Faith Horizon Inc., a Nevada corporation and a wholly-owned subsidiary of Parent (“Merger Sub”). Capitalized terms used herein but not otherwise defined have the meanings ascribed to them in the Merger Agreement.
SERVICE AGREEMENTService Agreement • March 26th, 2012 • China XD Plastics Co LTD • Plastics foam products • Nevada
This Service Agreement (“Agreement”) is entered into as of the 14th day of November, 2010 (“Effective Date”) between China XD Plastics Company Limited, whose principal offices are located at 11 Broadway Suite #1004, New York, NY 10004 U.S.A. and its Wholly Owned Foreign Entity is located at No. 9 Dalian North Road, Haping Road Centralized Industrial Park, Harbin Development Zone, Heilongjiang, Province, China 150060 (hereinafter referred to as the “Company”), and Zhai Linyuan, having an address at Shanghailvdicheng, Changchun City (hereinafter referred to as the “Director”), to provide the terms under which the Director shall perform his functions as an elected independent member of the Board of Directors of the Company during his respective terms.
Maximum Guarantee Contract (2015 edition)Maximum Guarantee Contract • August 14th, 2019 • China XD Plastics Co LTD • Plastics foam products
Important note: This contract is negotiated on an equal and voluntary basis, and all contract terms have a true representation of both parties. In order to protect the legitimate rights and interests of the guarantor, the creditor specifically asks the guarantor to pay full attention to the contents in bold of the contract.
AMENDMENT NO. 2 TO THE MERGER AGREEMENTMerger Agreement • February 8th, 2021 • China XD Plastics Co LTD • Plastics foam products
This AMENDMENT NO. 2 TO THE MERGER AGREEMENT (this “Amendment”), dated as of February 7, 2021, is entered into by and among China XD Plastics Company Limited, a Nevada corporation (the “Company”), Faith Dawn Limited, an exempted company with limited liability incorporated under the Laws of the Cayman Islands (“Parent”), and Faith Horizon Inc., a Nevada corporation and a wholly-owned subsidiary of Parent (“Merger Sub”). Parent, Merger Sub and the Company may hereafter be referred to as a “Party” in their individual capacities and as “Parties” collectively.
ContractLand and on-Site Construction Project Purchase Agreement • May 9th, 2011 • China XD Plastics Co LTD • Plastics foam products
*The following document contains an unofficial translation and such translation has been provided for convenience only*
CHINA XD PLASTICS COMPANY LIMITED November 27, 2009Lock-Up Agreement • November 30th, 2009 • China XD Plastics Co LTD • Telephone communications (no radiotelephone) • New York
STOCKHOLDERS' AGREEMENT (this "Agreement") made on the fifteenth day of August, 2011 AMONG: RECITALS:Stockholders' Agreement • August 15th, 2011 • China XD Plastics Co LTD • Plastics foam products • New York
Equity Transfer AgreementEquity Transfer Agreement • April 15th, 2019 • China XD Plastics Co LTD • Plastics foam products
Heilongjiang Xinda Enterprise Group Shanghai New Materials Sales Co., Ltd. (hereinafter referred to as Target Company) has a registered capital of RMB 50 million yuan, which is subscribed by Party A, accounting for 100%; according to relevant laws and regulations, the parties to this Agreement, through friendly consultations, reach the terms as follows:
XINDA HOLDING (HK) COMPANY LIMITED (as Borrower) THE COMPANIES NAMED HEREIN (as Original Guarantors) STANDARD CHARTERED BANK (HONG KONG) LIMITED (as Mandated Lead Arranger and Bookrunner) THE BANKS AND FINANCIAL INSTITUTIONS NAMED HEREIN (as Original...Facility Agreement • August 26th, 2016 • China XD Plastics Co LTD • Plastics foam products • Hong Kong
FAVOR SEA LIMITED as Issuer CHINA XD PLASTICS COMPANY LTD. as Parent Guarantor andIndenture • March 26th, 2014 • China XD Plastics Co LTD • Plastics foam products • New York
INDENTURE (the “Indenture”), dated as of February 4, 2014, among Favor Sea Limited, a company incorporated with limited liability under the laws of the British Virgin Islands (the “Company”), China XD Plastics Company Ltd., a company incorporated in the State of Nevada, United States (the “Parent Guarantor”), Xinda Holding (HK) Company Limited, a company incorporated in Hong Kong (the “Subsidiary Guarantor”, and together with the Parent Guarantor, the “Guarantors ”) and Citicorp International Limited, as Trustee and as Collateral Agent.
SEPARATION AND RELEASE AGREEMENTSeparation and Release Agreement • October 7th, 2010 • China XD Plastics Co LTD • Plastics foam products • New York
This Separation and Release Agreement (the “Agreement”) dated as of the 30th day of September, 2010, is by and between China XD Plastics Company Limited, a Nevada corporation having its principal place of business at No. 9 Dalian North Road, Haping Road Centralized Industrial Park, Harbin Development Zone, Heilongjiang Province, People’s Republic of China 150060 (the “Company”) and Cosimo J. Patti, an individual with a residence at 2100 Linwood Avenue, Apt. 15V, Fort Lee, NJ 07024, United States of America (“Patti”).
Xinda Investment Agreement on 300,000-ton of Bio-Composite Project and Additive Manufacturing Used Composites (3D Printing Materials) ProjectInvestment Agreement • March 22nd, 2017 • China XD Plastics Co LTD • Plastics foam products
For the purpose of making full use of their respective advantages and promoting mutual development, and based on the principle of equality, mutual benefit and co-development, and through friendly negotiations, based on the facts that Party A , Party B and Nanchong Government have entered into Xinda Strategic Investment Agreement 300,000-ton of Bio-Composite Project and Additive Manufacturing Used Composites (3D Printing Materials) Project ("The Strategic Investment Agreement") and Xinda Supplemental Agreement on 300,000-ton of Bio-Composite Project and Additive Manufacturing Used Composites (3D Printing Materials) Project (" The Supplemental Agreement") on December 12, 2016, Party A completed 300,000 tons land acquisition and listing, Party B completed the land delisting per the process and entered into a Land Use Right Transfer Agreement on March 13, 2017. With the fulfilled conditions to officially launch the construction project, both parties shall agree on Party B and /or Party B's
State-Owned Construction Land Use Right Transfer ContractState-Owned Construction Land Use Right Transfer Contract • March 16th, 2017 • China XD Plastics Co LTD • Plastics foam products
PLEDGE AGREEMENTPledge Agreement • August 15th, 2011 • China XD Plastics Co LTD • Plastics foam products • New York
THIS PLEDGE AGREEMENT (as amended, supplemented or modified in accordance with the terms hereof, this “Agreement”), dated as of [ ], 2011 is entered into by and between MSPEA Modified Plastics Holding Limited, a company incorporated and existing under the laws of Cayman Islands (the “Pledgee”) and XD. Engineering Plastics Company Limited, a corporation organized under the laws of the British Virgin Islands (the “Pledgor”).
SERVICE AGREEMENTService Agreement • March 12th, 2019 • China XD Plastics Co LTD • Plastics foam products • Nevada
This Service Agreement (“Agreement”) is entered into as of the 6th day of March, 2019 (“Effective Date”) between China XD Plastics Company Limited (hereinafter
Equity Transfer Supplemental AgreementEquity Transfer Agreement • April 15th, 2019 • China XD Plastics Co LTD • Plastics foam products
Heilongjiang Xinda Enterprise Group Company Limited, a limited liability company duly incorporated and validly existing in accordance with the laws of the People’s Republic of China (“China”, for the purposes of this agreement only, excluding the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan), with its registered address at No. 9 Dalian North Road, Haping Road Centralized Park, Harbin Economic Development Zone:
District Entry AgreementDistrict Entry Agreement • August 9th, 2010 • China XD Plastics Co LTD • Plastics foam products
To support the development of Party B, the business moved to Harbin Economic and Technological Development Zone, address related issues and the preferential policies granted by the agreement reached as follows:
CONSULTING AGREEMENTConsulting Agreement • October 10th, 2012 • China XD Plastics Co LTD • Plastics foam products • New York
This Consulting Agreement (“Agreement”) is made as of _October 4, 2012__ (“Effective Date”), by and between China XD Plastics Company Limited, a Nevada corporation having its principal place of business at No. 9 Dalian North Road, Haping Road Centralized Industrial Park, Harbin Development Zone, Heilongjiang Province, PRC 150060 (“Company”), and Robert L. Brisotti, an individual, whose address is 60 East 96th Street, Apt 9A, New York, NY 10128 (“Consultant”).
