Supplemental Agreement to ATA Intelligent Learning VIE Agreements
Supplemental Agreement to ATA Intelligent Learning VIE Agreements
This agreement is entered into and effective on March 19, 2019 in Beijing, People’s Republic of China by and between:
1) ATA Education Technology (Beijing) Limited (hereinafter referred to as “ATA Education”)
2) ATA Intelligent Learning (Beijing) Technology Limited (hereinafter referred to as “ATA Intelligent Learning”)
3) Xxxxx Xiaofeng Ma, PRC ID No. ***********
4) Xxxxxxxx Xxxxx, PRC ID No. ***********
Whereas:
1) The parties have entered into the following agreements on March 15, 2018 in connection with the establishment of ATA Intelligent Learning as the VIE entity of the group:
Loan Agreements entered into by ATA Education with Xxxxx Xiaofeng Ma and Xxxxxxxx Xxxxx, respectively, with the loan amount of XXX 0 xxxxxxx xxx XXX 1 million, respectively;
Call Option and Cooperation Agreement entered into by and among ATA Education, ATA Intelligent Learning, Xxxxx Xiaofeng Ma and Xxxxxxxx Xxxxx;
Equity Interest Pledge Agreements entered into by ATA Education with Xxxxx Xiaofeng Ma and Xxxxxxxx Xxxxx, respectively;
Exclusive Technical Consulting and Services Agreement entered into by and between ATA Education and ATA Intelligent Learning; and
Powers of Attorney provided by Xxxxx Xiaofeng Ma and Xxxxxxxx Xxxxx to ATA Education, respectively.
The agreements listed above are collectively referred to as the “20180315 ATA Intelligent Learning VIE Agreements”.
2) Due to business development needs, ATA Education intends to increase the registered capital of ATA Intelligent Learning.
Therefore, the parties hereby enter into this supplemental agreement with the terms as below:
1. The registered capital of ATA Intelligent Learning shall increase from XXX 00 million to RMB 30 million.
2. The loan amount that ATA Education provides to Xxxxx Xiaofeng Ma shall increase from XXX 0 million to XXX 00 million, and the loan amount that ATA Education provides to Xxxxxxxx Xxxxx shall increase from XXX 0 million to RMB 3 million.
3. The provision of the loans by ATA Education to Ma Xiaofeng and Xxxxx Xxxxxxxx and the corresponding payments by Ma Xiaofeng and Xxxxx Xxxxxxxx of the registered capital of ATA Intelligent Learning could be implemented in batches as decided by ATA Education according to the business development needs of ATA Intelligent Learning.
4. The other terms of the 20180315 ATA Intelligent Learning VIE Agreements shall remain unchanged and apply to the increased loan amount under this supplemental agreement.
5. This supplemental agreement and the 20180315 ATA Intelligent Learning VIE Agreements shall complement each other, and in case there is any conflict, this supplement agreement shall prevail.
6. This supplemental agreement is effective on the date first above written after execution by the parties. This supplemental agreement shall be executed in four counterparts of the same legal effect with each party holding one counterpart.
(THE FOLLOWING SPACE IS INTENTIONALLY LEFT BLANK)
Signature Page to Supplemental Agreement to ATA Intelligent Learning VIE Agreements
ATA Education Technology (Beijing) Limited
(Seal)
ATA Intelligent Learning (Beijing) Technology Limited
(Seal)
Xxxxx Xiaofeng Ma
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/s/ Xxxxx Xiaofeng Ma |
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Xxxxxxxx Xxxxx
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/s/ Xxxxxxxx Xxxxx |
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