Supplementary Agreement to the Amended and Restated Equity Pledge Agreement
Exhibit 4.17
English Translation
Supplementary Agreement to
the Amended and Restated Equity Pledge Agreement
the Amended and Restated Equity Pledge Agreement
This Supplementary Agreement (“this Agreement”) is entered into among the following parties in
Beijing on November 28, 2008:
Party A:
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AirMedia Technology (Beijing) Co., Ltd. | ||
Party B:
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Guo Man, Xxxx Xxxxxx, Xx Xxxx and Xxxxx Xxxxxx | ||
Party C:
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Beijing Shengshi Lianhe Advertising Co., Ltd. |
WHEREAS:
(1) | Party A, Party B and Party C signed the Equity Agreement (the “Original Agreement”) on June 14, 2007; | |
(2) | Guo Man, Xxxx Xxxxxx, Xx Xxxx and Xxxxx Xxxxxx signed an Equity Transfer Agreement on November 28, 2008, by which it was agreed that Xxxx Xxxxxx shall transfer his 30.03%, 4.49% and 3.08% equity interests in Party C to Guo Man, Xx Xxxx and Xxxxx Xxxxxx, respectively. After the transfer, Guo Man, Xx Xxxx and Xxxxx Xxxxxx shall own 79.86%, 11.94% and 8.20% equity interests in Party C respectively. |
NOW THEREFORE, after friendly negotiation among Parties A, B and C, the Original Agreement
shall be amended, and each of the party agrees on the following the terms and conditions:
1. | Party A agrees that Xxxx Xxxxxx transfers to Guo Man, Xx Xxxx and Xxxxx Xxxxxx all of his equity interests that was pledged to Party A under the Original Agreement. | |
2. | Guo Man, Xx Xxxx and Xxxxx Xxxxxx agree to pledge all of their respective 79.86%,11.94% and 8.20% equity interests in Party C to Party A. The purpose of the pledge shall be the same as stated in the Original Agreement. Guo Man, Xx Xxxx and Xxxxx Xxxxxx agree to perform their obligations set out in the Original Agreement. | |
3. | Upon effectiveness of this Agreement, in case of any difference in terms between the Original Agreement and this Agreement, this Agreement shall prevail; terms absent from this Agreement shall be governed by the Original Agreement. | |
4. | This Agreement is effective upon the signature by all parties to this Agreement. This Agreement shall be signed in four counterparts, all of which shall have the same legal effect. |
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Party A: AirMedia Technology (Beijing) Co., Ltd.
Common seal: AirMedia Technology (Beijing) Co., Ltd. (Seal)
Party B:
Signature: /s/ Guo Man
Signature: /s/ Xxxx Xxxxxx
Signature: /s/ Xx Xxxx
Signature: /s/ Xxxxx Xxxxxx
Party C: Beijing Shengshi Lianhe Advertising Co., Ltd.
Common seal: Beijing Shengshi Lianhe Advertising Co., Ltd. (Seal)
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