AMENDMENT TO SHARE PLEDGE AGREEMENT
Exhibit
4.78
AMENDMENT
TO SHARE PLEDGE AGREEMENT
This
AMENDING AGREEMENT (this
Agreement) is entered into by and among the following parties (the parties)
on September 5, 2008:
|
Party
A:
|
Kongzhong Information
Technologies (Beijing) Co.,
Ltd.
|
|
Address:
|
00X,
Xxxxxx Xxxxx, Xx.000 Xxxxx Xxxxxx, Xxxxxxx Xxxxxxxx,
Xxxxxxx
|
|
Legal
Representative:
|
Xxxxxx
Xxxx
|
|
Party
B:
|
Beijing Wireless Interactive
Network Technology Limited
(XXXX)
|
|
Address:
|
8F-805,
Tengda plaza, Xx.000 Xxxxx Xxxxxx, Xxxxxxx Xxxxxxxx,
Xxxxxxx
|
|
Legal
Representative:
|
Xxxx
Xxxx
|
|
Party
C:
|
Xxxx
Xxxx
|
|
Address:
|
407,
No. 397 Guang An Men Wai Avenue, Xuanwu District,
Beijing
|
|
Party
D:
|
Jingye
Sun
|
|
Address:
|
Xx.0
Xxxxx X, xxxxxxxx0, Xxxxx Xxxxxx, Xxxxxxx Xxxxxxxx,
Xxxxxxx.
|
|
Party
E:
|
Li Ai
|
|
Address:
|
Xx.
000, Xxxx 0, Xxxxxxxx 0, Xxxxx Xxxx, Xxxxxx District,
Beijing.
|
WHEREAS:
|
1.
|
Party
A, Party B, Party C and Hai Qi signed a Share Pledge Agreement on June 29,
2006.
|
|
2.
|
Jingye
Xxx, Xx Ai, Hai Qi and Xxxx Xxxx have entered into a Capital Contribution
Transfer Agreement dated on September 5, 2008. Pursuant to Which: a) Hai
Qi agrees to transfer to Jingye Sun, and Jingye Sun agrees to acquire from
Hai Qi, 30%
of Hai Qi’s equity interests in the registered capital of XXXX; b)
Hai Qi agrees to transfer to Li Ai, and Li Ai agrees to acquire from Hai
Qi, 30%
of Hai Qi’s equity interests in the registered capital of XXXX (the
Transfer).
|
|
3.
|
The
Parties jointly agree to the
Transfer.
|
Now
Therefore, the Parties hereby agree as follows:
1
|
1.
|
Amendments
to the Share Pledge Agreement
|
The
Parties jointly agree to the substitution of Jingye Sun and Li Ai as two parties
to the Share Pledge Agreement in place of Hai Qi, As a result thereof, Jingye
Sun and Li Ai shall assume Hai Qi’s rights and obligations under the Share
Pledge Agreement respectively.
|
2.
|
Effective
Date
|
This
Agreement becomes effective on September 5, 2008.
|
3.
|
Miscellaneous
|
|
(a)
|
Except
as expressly amended by this Agreement, all terms and conditions of the
Share Pledge Agreement shall remain in full force and
effect.
|
|
(b)
|
From
the effective date of this Agreement, the Share Pledge Agreement as
amended by this Agreement shall be read as a single integrated document
incorporating such amendments.
|
|
(c)
|
This
Agreement is governed by, and interpreted in accordance with, the laws of
the New York State.
|
AS WITNESS this Agreement has
been signed by the duly authorised representatives of the parties the day and
year first written above.
|
PARTY
A:
|
KONGZHONG
INFORMATION TECHNOLOGIES (BEIJING) CO.,
LTD.
|
Authorized
Representative: (seal)
PARTY
B: XXXX
Authorized
Representative: (seal)
PARTY
C: XXXX XXXX
Signature:
/s/ Xxxx Xxxx
PARTY
D: JINGYE SUN
Signature:
/s/ Jingye
Sun
PARTY
E: LI AI
Signature:
/s/ Li Ai
2
