DEPOSIT AGREEMENT by and among CHINACACHE INTERNATIONAL HOLDINGS LTD. AND CITIBANK, N.A., as Depositary, AND THE HOLDERS AND BENEFICIAL OWNERS OF AMERICAN DEPOSITARY SHARES ISSUED HEREUNDER Dated as of September 30, 2010Deposit Agreement • March 21st, 2011 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation • New York
DEPOSIT AGREEMENT, dated as of September 30, 2010, by and among (i) CHINACACHE INTERNATIONAL HOLDINGS LTD., a company incorporated under the laws of the Cayman Islands, and its successors (the “Company”), (ii) CITIBANK, N.A., a national banking association organized under the laws of the United States of America acting in its capacity as depositary, and any successor depositary hereunder (the “Depositary”), and (iii) all Holders and Beneficial Owners of American Depositary Shares issued hereunder (all such capitalized terms as hereinafter defined).
INDEMNIFICATION AGREEMENTIndemnification Agreement • September 9th, 2010 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation • Hong Kong
This Indemnification Agreement (“Agreement”) is entered into as of the day of by and between ChinaCache International Holdings Ltd., an international business company incorporated in the Cayman Islands (the “Company”) and (“Indemnitee”).
EMPLOYMENT AGREEMENTEmployment Agreement • September 9th, 2010 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation • New York
This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of by and between ChinaCache International Holdings Ltd., a company incorporated and existing under the laws of the Cayman Islands (the “Company”) and , an individual (the “Executive”). The term “Company” as used herein with respect to all obligations of the Executive hereunder shall be deemed to include the Company and all of its direct or indirect subsidiaries and affiliates (collectively, the “Group”).
Share Pledge AgreementShare Pledge Agreement • April 7th, 2014 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This Share Pledge Agreement (this “Agreement”) has been executed by and among the following Parties on July 1st,2013, in Beijing, People’s Republic of China (“PRC”):
Exclusive Option AgreementExclusive Option Agreement • April 7th, 2014 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This Exclusive Option Agreement (this “Agreement”) is executed by and among the following Parties as of July 1st,2013, in Beijing, People’s Republic of China (“PRC”):
CHINACACHE INTERNATIONAL HOLDINGS LTD. (a Cayman Islands corporation) 5,500,980 American Depositary Shares Representing 88,015,680 Ordinary Shares UNDERWRITING AGREEMENTUnderwriting Agreement • September 28th, 2010 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation • New York
Loan AgreementLoan Agreement • April 26th, 2013 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This Loan Agreement (this “Agreement”) is made and entered into by and between the Parties below as of December 3, 2012 in Beijing, the People’s Republic of China (the “PRC” or “China”):
THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT by and among SERIES A INVESTORS SERIES B INVESTORS SERIES C INVESTORS CHINACACHE INTERNATIONAL HOLDINGS LTD. and THE OTHER PARTIES NAMED HEREIN August 13, 2010Investors’ Rights Agreement • September 15th, 2010 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation • Hong Kong
WHEREAS, pursuant to the terms and conditions set forth in Series A Preferred Shares Purchase Agreement dated September 16, 2005 (the “Series A Share Purchase Agreement”), the Company issued to the Series A Investors an aggregate of 65,384,615 Series A Preferred Shares of the Company. Pursuant to the terms and conditions set forth in Series B Preferred Shares Purchase Agreement dated April 11, 2007 (the “Series B Share Purchase Agreement”), the Company issued to the Series B Investors (excluding Tiger) and Starr an aggregate of 80,765,142 Series B Preferred Shares of the Company. Pursuant to the terms and conditions set forth in Series C Share Purchase Agreement dated December 11, 2009 (the “Series C Share Purchase Agreement”), the Company issued to certain Series C Investors an aggregate of 20,512,821 Series C-1 Preferred Shares of the Company and issued to the Lenders an aggregate of 11,831,308 Series C-2 Preferred Shares of the Company (through conversion of the amounts owing on the
Loan AgreementLoan Agreement • November 14th, 2017 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This Loan Agreement (this “Agreement”) is made and entered into by and between the Parties below as of December 19, 2016 in Beijing, China:
Exclusive Option AgreementExclusive Option Agreement • November 14th, 2017 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This Exclusive Option Agreement (this “Agreement”) is executed by and among the following Parties as of the 19 day of December, 2016 in Beijing, China:
ChinaCache International Holdings Ltd. and American Stock Transfer & Trust Company, LLC as Rights Agent Rights Agreement Dated as of May 9, 2018Rights Agreement • May 10th, 2018 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation • New York
RIGHTS AGREEMENT, dated as of May 9, 2018 (this “Agreement”), between ChinaCache International Holdings Ltd., a company incorporated under the laws of the Cayman Islands (the “Company”), and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company, as Rights Agent (the “Rights Agent”, which term shall include any successor Rights Agent hereunder).
Exclusive Business Cooperation AgreementExclusive Business Cooperation Agreement • September 9th, 2010 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This Exclusive Business Cooperation Agreement (this “Agreement”) is made and entered into by and between the following Parties on January 10, 2008 in Beijing, People’s Republic of China (the “PRC” or “China”).
Equipment Leasing AgreementEquipment Leasing Agreement • September 9th, 2010 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This Equipment Leasing Agreement (this “Agreement”) is made and entered into by and between the following Parties on the 23rd day of September, 2005 in Beijing, China.
SHARES TRANSFER AGREEMENT With Respect To CHINACACHE XIN RUN TECHNOLOGY (BEIJING) CO., LTD. By And Among Shanghai Qiao Yong Equity Investment Fund Management Co., Ltd. Tianjin Shuishan Technology Co., Ltd. ChinaCache Networks (Hong Kong) Limited...Shares Transfer Agreement • November 14th, 2017 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
The Shares Transfer Agreement with respect to ChinaCache Xin Run Technology (Beijing) Co., Ltd. (this “Agreement”) is executed and entered into by and among the following parties on March 5, 2017 in Beijing, the People’s Republic of China (“China”, solely for the purposes of the Agreement, excluding Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan):
Framework Agreement for the Transfer of the Equipment BuildingFramework Agreement for the Transfer of the Equipment Building • April 10th, 2015 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
Supplemental Agreement to the Share Pledge AgreementSupplemental Agreement to the Share Pledge Agreement • November 14th, 2017 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This Supplemental Agreement to the Share Pledge Agreement (this “Agreement”) has been executed by and among the following Parties on December 19, 2016, in Beijing:
Mortgage ContractMortgage Contract • November 29th, 2019 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
To identify the rights and obligations of the Mortgagee and the Mortgager, upon amicable negotiation and pursuant to applicable laws and regulations, the two parties hereby enter into this Mortgage Contract (hereinafter the “Contract”) on the basis of freewill, equality and mutual benefits.
AgreementAgreement • September 9th, 2010 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This Agreement (the “Agreement”) is made and entered into by and between the Parties below as of May 10, 2010 in Beijing, People’s Republic of China (“PRC”):
Supplementary Agreement to Loan AgreementSupplementary Agreement to Loan Agreement • September 9th, 2010 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This Supplementary Agreement to Loan Agreement (the “Supplementary Agreement”) is made and entered into by and between the Parties below as of May 10, 2010:
FORM OF SHARE REPURCHASE AGREEMENTShare Repurchase Agreement • April 7th, 2014 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
THIS SHARE REPURCHASE AGREEMENT (the “Agreement”) is made and entered into as of February 28, 2014 by and between ChinaCache International Holdings Ltd., a company organized under the laws of the Cayman Islands (the “Company”) and , (collectively, “Investors”).
SHARE TRANSFER AGREEMENTShare Transfer Agreement • April 24th, 2012 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This SHARE TRANSFER AGREEMENT (hereinafter referred to as the “Agreement”) is executed on December 26, 2011 in Shanghai by and between the following Parties:
ESCROW ACCOUNT AGREEMENTEscrow Account Agreement • April 30th, 2018 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation • Hong Kong
Party B is voluntary to provide Party A the security for repayments with the revenues listed herein so as to secure the realization of the obligatory rights under the Loan Contract / Agreement (No.: 2017SHLDAB10039) (hereinafter referred to as the “Master Contract”) entered into by and between Party A and ChinaCache Xin Run Technology (Beijing) Co., Limited (hereinafter referred to as the “Obligor”; the Obligor shall be Party B if the Master Contract is executed by Party A and Party B). After having reached consensus through their equal negotiation, Party A and Party B hereby enter into this Escrow Account Agreement.
SERIES C PREFERRED SHARE PURCHASE AGREEMENT by and among SERIES C INVESTORS and CHINACACHE INTERNATIONAL HOLDINGS LTD. and THE OTHER PARTIES NAMED HEREIN December 11, 2009Series C Preferred Share Purchase Agreement • September 9th, 2010 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation • Hong Kong
This SERIES C PREFERRED SHARE PURCHASE AGREEMENT (this “Agreement”) is entered into on December 11, 2009 by and among the following parties:
Supplementary Agreement to Exclusive Option AgreementSupplementary Agreement to Exclusive Option Agreement • September 9th, 2010 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This Supplementary Agreement to Exclusive Option Agreement (this “Supplementary Agreement”) is executed by and among the following Parties as of May 10, 2010 in Beijing, People’s Republic of China (“PRC”):
Mortgage ContractMortgage Contract • April 30th, 2018 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
In order to ensure the full and timely performance of the obligations under the Master Contract by the debtor and safeguard the realization of the creditor's rights of the creditor (i.e. the "Mortgagee" of this Contract), the Mortgagor voluntarily takes the guarantee responsibilities in accordance with this Contract.
SHARE TRANSFER AGREEMENTShare Transfer Agreement • April 24th, 2012 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This SHARE TRANSFER AGREEMENT (hereinafter referred to as the “Agreement”) is executed on December 26, 2011 in Shanghai by and between the following Parties:
THIRD SUPPLEMENTARY AGREEMENTThird Supplementary Agreement • April 21st, 2011 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation • Hong Kong
This THIRD SUPPLEMENTARY AGREEMENT (this “Agreement”) is made as of March 7, 2011 by and among CHINACACHE INTERNATIONAL HOLDINGS LTD., a company incorporated in the Cayman Islands (the “Company”); CONSOLIDATED CAPITAL HOLDINGS, LTD., an exempted company incorporated under the laws of the British Virgin Islands (“CCH”); SONG WANG, an individual with PRC Identification Card No.: ; XIAO HONG KOU, an individual with PRC Identification Card No.: ; and the Investors listed on Schedule A hereto (each an “Investor” and collectively the “Investors”). Song Wang and Xiao Hong Kou shall collectively be referred to as the “Founders” and each individually referred to as a “Founder”. The Company, CCH, the Founders, and the Investors shall collectively be referred to as the “Parties” and each individually referred to as a “Party”.
GUARANTY CONTRACT (FOR A SINGLE DEAL)Guaranty Contract • April 30th, 2018 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation • Hong Kong
Schedule: Form of Letter of Undertaking of Spouse Agreeing to Dispose of the Jointly Owned Properties (applicable if the Guarantor is a natural person):
Supplementary Agreement to Exclusive Option AgreementSupplementary Agreement to Exclusive Option Agreement • September 9th, 2010 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This Supplementary Agreement to Exclusive Option Agreement (this “Supplementary Agreement”) is executed by and among the following Parties as of May 10, 2010 in Beijing, People’s Republic of China (“PRC”):
Debt Acknowledgement and Repayment Schedule AgreementDebt Acknowledgement and Repayment Schedule Agreement • November 29th, 2019 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
According to the Framework Agreement on Transfer of 100% Equity Interest in Beijing Shuoge Technology Co., Ltd. between ChinaCache Xin Run Technology (Beijing) Co., Ltd. and People.cn Co., Ltd. dated December 29, 2017 (hereinafter the “Framework Agreement”) and the Agreement on Transfer of 100% Equity Interest in Beijing Shuoge Technology Co., Ltd. between ChinaCache Xin Run Technology (Beijing) Co., Ltd. and People.cn Co., Ltd. dated April 3, 2019 (hereinafter the “Transfer Agreement”), Party A has acquired 100% equity interest in Party B’s wholly owned subsidiary Beijing Shuoge Technology Co., Ltd. through the transfer, for which Party A had made an advance payment of the transfer price of RMB 325 million to Party B.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 7th, 2014 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This Registration Rights Agreement (this “Agreement”) is made and entered into as of February 28, 2014, by and among ChinaCache International Holdings Ltd., a company incorporated in the Cayman Islands (the “Company”), and the several purchasers signatory hereto (each a “Purchaser” and collectively, the “Purchasers”).
CONTRACT FOR MORTGAGE OF MAXIMUM AMOUNT Contract No.: Fu Yin Shen Fen/Zhi 2017 No. Zong Xin 001 Gao Di No. 1Mortgage Agreement • November 14th, 2017 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
THE MORTGAGOR IS REQUESTED TO READ THE FULL TEXT OF THIS CONTRACT, AND THE MORTGAGOR IS REMINDED TO SPECIALLY PAY ATTENTIONS TO THE TERMS EXEMPTING THE MORTGAGEE FROM ITS LIABILITIES OR LIMITING THE LIABILITIES OF THE MORTGAGEE, GRANTING CERTAIN RIGHTS TO THE MORTGAGEE UNILATERALLY, AND INCREASING THE LIABILITIES OF THE MORTGAGOR OR LIMITING THE RIGHTS OF THE MORTGAGOR. PLEASE TIMELY REQUEST THE MORTGAGEE TO EXPLAIN IF HAVING ANY DOUBT.
Exclusive Technical Support and Service AgreementExclusive Technical Support and Service Agreement • September 9th, 2010 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This Exclusive Technical Support and Services Agreement (the “Agreement”) is executed by the following parties on September 23, 2005 in Beijing:
Supplementary Agreement to Exclusive Option AgreementSupplementary Agreement to Exclusive Option Agreement • September 9th, 2010 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This Supplementary Agreement to Exclusive Option Agreement (this “Supplementary Agreement”) is executed by and among the following Parties as of May 10, 2010 in Beijing, People’s Republic of China (“PRC”):
Working Capital Loan Contract Contract No.: Fu Yin Shen Fen [2017] Liu Dai No. 001 Borrower: ChinaCache Xin Run Technology (Beijing) Co., Limited Lender: Bank of Fushun Limited, Shenyang BranchWorking Capital Loan Contract • November 14th, 2017 • ChinaCache International Holdings Ltd. • Services-computer processing & data preparation
This Contract is a separate agreement under the Comprehensive Facility Contract (Contract No.: Fu Yin Shen Fen [2017] Zong Xin No. 001) entered into between ChinaCache Xin Run Technology (Beijing) Co., Limited and Bank of Fushun Limited, Shenyang Branch (þ 1. Applicable o2. Not applicable)
