Supplemental Agreement to the Share Pledge Agreement
Supplemental Agreement to the Share Pledge Agreement
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:
Party A: ChinaCache Network Technology (Beijing) Co., Ltd. (hereinafter “Pledgee”)
Address: Unit at 2/F of New Integration Building, No.8 A Xxxxx Xxx Garden, Xx Xxxx, Haidian District, Beijing
Party B: Xxxxxxxx Xxx (hereinafter “Pledgor”)
ID Number : XXXX
Address: No.301, Xxxx 0, Xxxxxxxx 0, Xxxxx 0, Xxxxx Xxxxxx Beili, Fengtai District Beijing
Party C: Beijing Blue 1. T. Technologies co., Ltd.
Address: No. 8 A, Xxxx Xxx Garden, Xx Xxxx, Haidian District, Beijing
In this Agreement, each of Pledgor, Pledgee and Party C shall be referred to as a “Party” respectively, and they shall be collectively referred to as the “Parties”.
Whereas:
The Parties have entered into a Share Pledge Agreement on September 23, 2005 (the “Share Pledge Agreement”), pursuant to which the Pledgor has pledged all of the equity interest lawfully then held and hereafter acquired by in Party C to the Pledgee.
The Pledgor, Party C and ChinaCache International Holdings Ltd have entered into an Exclusive Option Agreement on December 19, 2016 which supersedes the pervious Exclusive Option Agreements.
The Parties have agreed to execute this Agreement to amend the Share Pledge Agreement.
1. The entire Section 6.1.1 has deleted in its entirety and replaced with the following not transfer the Equity Interest, place or permit the existence of any security interest or other encumbrance that may affect the Pledgee’s rights and interests in the Equity Interest, without the prior written consent of Pledgee, except for the performance of the Exclusive Option Agreement executed by Pledgor, ChinaCache International Holdings Ltd. and Party C on December 19, 2016;
2. MISCELLANEOUS
2.1. This Agreement shall take effect and become binding against the parties on the date hereof.
2.2. Except as explicitly amended by this Agreement, the Share Pledge Agreement shall remain in full force and effect.
2.3. Section 12 (Confidentiality), Section 10 (Notices) and Section 13 (Governing Law and Resolution of Dispute) of the Share Pledge Agreement shall apply mutatis mutandis to this Agreement.
WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year herein above first written.
Party A: ChinaCache Network Technology (Beijing) Co., Ltd.
By: |
/s/Xxxx Xxxx |
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Name: Xxxx Xxxx |
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Title: Legal Representative |
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Party B: Xxxxxxxx Xxx
By: |
/s/Xxxxxxxx Xxx |
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Party C: Beijing Blue I.T. Technologies Co., Ltd.
By: |
/s/Xxxxxxx Xxxx |
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Name: Xxxxxxx Xxxx |
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Title: Legal Representative |
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Supplemental Agreement to the Share Pledge Agreement
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:
Party A: ChinaCache Network Technology (Beijing) Co., Ltd. (hereinafter “Pledgee”)
Address: Unit at 2/F of New Integration Building, No.8 A Xxxxx Xxx Garden, Xx Xxxx, Haidian District, Beijing
Party B: Xxxx Xxxx (hereinafter “Pledgor”)
ID Number : XXXX
Address: Xx.0, Xxxx 0, Xx.0 Xxxxxxxxx Xxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxx
Party C: Beijing Blue 1. T. Technologies co., Ltd.
Address: No. 8 A, Xxxx Xxx Garden, Xx Xxxx, Haidian District, Beijing
In this Agreement, each of Pledgor, Pledgee and Party C shall be referred to as a “Party” respectively, and they shall be collectively referred to as the “Parties”.
Whereas:
The Parties have entered into a Share Pledge Agreement on September 23, 2005 (the “Share Pledge Agreement”), pursuant to which the Pledgor has pledged all of the equity interest lawfully then held and hereafter acquired by in Party C to the Pledgee.
The Pledgor, Party C and ChinaCache International Holdings Ltd have entered into an Exclusive Option Agreement on December 19, 2016 which supersedes the pervious Exclusive Option Agreements.
The Parties have agreed to execute this Agreement to amend the Share Pledge Agreement.
1. The entire Section 6.1.1 has deleted in its entirety and replaced with the following not transfer the Equity Interest, place or permit the existence of any security interest or other encumbrance that may affect the Pledgee’s rights and interests in the Equity Interest, without the prior written consent of Pledgee, except for the performance of the Exclusive Option Agreement executed by Pledgor, ChinaCache International Holdings Ltd. and Party C on December 19, 2016;
2. MISCELLANEOUS
2.1. This Agreement shall take effect and become binding against the parties on the date hereof.
2.2. Except as explicitly amended by this Agreement, the Share Pledge Agreement shall remain in full force and effect.
2.3. Section 12 (Confidentiality), Section 10 (Notices) and Section 13 (Governing Law and Resolution of Dispute) of the Share Pledge Agreement shall apply mutatis mutandis to this Agreement.
WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year herein above first written.
Party A: ChinaCache Network Technology (Beijing) Co., Ltd.
By: |
/s/Xxxx Xxxx |
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Name: Xxxx Xxxx |
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Title: Legal Representative |
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Party B: Xxxx Xxxx |
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By: |
/s/Xxxx Xxxx |
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Party C: Beijing Blue I.T. Technologies Co., Ltd. |
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By: |
/s/Xxxxxxx Xxxx |
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Name: Xxxxxxx Xxxx |
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Title: Legal Representative |
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