Agreement
Exhibit 10.20
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”):
(1) ChinaCache International Holdings Ltd. (“ChinaCache”), a Cayman corporation, organized and existing under the company law of the Cayman Islands, British West Indies (“Cayman”), with its address at Offshore Incorporations (Cayman) Limited, Scotia Center, 4th Floor, P.O. Box 2804, Xxxxxx Town, Cayman Islands, British West Indies;
(2) ChinaCache Network Technology (Beijing) Co., Ltd. (“ChinaCache Beijing”), a wholly owned foreign enterprise incorporated and existing under the laws of the PRC;
(3) Xxxxxxx Xxxx, a citizen of the PRC with Chinese Identification No.: .
Each of the above parties shall be hereinafter referred to as a “Party” respectively, and as the “Parties” collectively.
Whereas,
A. Xxxxxxx Xxxx is a shareholder of Beijing Jingtian Technology Co., Ltd. (“Beijing Jingtian”);
B. ChinaCache Beijing is a wholly-owned subsidiary of ChinaCache in Beijing, China;
C. ChinaCache Beijing and Xxxxxxx Xxxx entered into a Loan Agreement on July 31, 2008 (“Loan Agreement”).
The Parties hereby acknowledge certain financial and other matters regarding Beijing Jingtian:
1. ChinaCache acknowledges and undertakes that, since January 1, 2010, ChinaCache agrees to provide unconditional financial support as needed by Beijing Jingtian, either by itself or through its wholly-owned subsidiary in China—ChinaCache Beijing, to Xxxxxxx Xxxx in ways permitted by the PRC laws and regulations (“Financial Support”). Xxxxxxx Xxxx agrees to accept such Financial Support in ways permitted by the PRC laws and regulations and undertakes to use such Financial Support only for providing funds to Beijing Jingtian so as to develop its business.
2. If ChinaCache provides Financial Support by itself or through ChinaCache Beijing, the repayment due date and method will be negotiated and determined
by the Parties separately. To the extent permitted by the PRC laws and other applicable laws, ChinaCache and ChinaCache Beijing may exempt the repayment obligations of Xxxxxxx Xxxx.
3. Xxxxxxx Xxxx agrees that, if she provides the funds obtained under the Loan Agreement and/or this Agreement to Beijing Jingtian by way of shareholder loans in accordance with the PRC laws, then to the extent permitted by the PRC laws and other applicable laws, Xxxxxxx Xxxx may exempt the repayment obligations of Beijing Jingtian as needed by the latter.
ChinaCache International Holdings Ltd.
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By: |
/s/ Wang Song |
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Name: Wang Song |
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Title: Director |
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ChinaCache Network Technology (Beijing) Co., Ltd.
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By: |
/s/ Xxxx Xxxx |
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Name: Xxxx Xxxx |
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Title: Legal Representative |
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Xxxxxxx Xxxx
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By: |
/s/ Xxxxxxx Xxxx |
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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”):
(1) ChinaCache International Holdings Ltd. (“ChinaCache”), a Cayman corporation, organized and existing under the company law of the Cayman Islands, British West Indies (“Cayman”), with its address at Offshore Incorporations (Cayman) Limited, Scotia Center, 4th Floor, P.O. Box 2804, Xxxxxx Town, Cayman Islands, British West Indies;
(2) ChinaCache Network Technology (Beijing) Co., Ltd. (“ChinaCache Beijing”), a wholly owned foreign enterprise incorporated and existing under the laws of the PRC;
(3) Xxxxxx Xxxxx, a citizen of the PRC with Chinese Identification No.: .
Each of the above parties shall be hereinafter referred to as a “Party” respectively, and as the “Parties” collectively.
Whereas,
A. Xxxxxx Xxxxx is a shareholder of Beijing Jingtian Technology Co., Ltd. (“Beijing Jingtian”);
B. ChinaCache Beijing is a wholly-owned subsidiary of ChinaCache in Beijing, China;
C. ChinaCache Beijing and Xxxxxx Xxxxx entered into a Loan Agreement on July 31, 2008 (“Loan Agreement”).
The Parties hereby acknowledge certain financial and other matters regarding Beijing Jingtian:
1. ChinaCache acknowledges and undertakes that, since January 1, 2010, ChinaCache agrees to provide unconditional financial support as needed by Beijing Jingtian, either by itself or through its wholly-owned subsidiary in China—ChinaCache Beijing, to Xxxxxx Xxxxx in ways permitted by the PRC laws and regulations (“Financial Support”). Xxxxxx Xxxxx agrees to accept such Financial Support in ways permitted by the PRC laws and regulations and undertakes to use such Financial Support only for providing funds to Beijing Jingtian so as to develop its business.
2. If ChinaCache provides Financial Support by itself or through ChinaCache Beijing, the repayment due date and method will be negotiated and determined
by the Parties separately. To the extent permitted by the PRC laws and other applicable laws, ChinaCache and ChinaCache Beijing may exempt the repayment obligations of Xxxxxx Xxxxx.
3. Xxxxxx Xxxxx agrees that, if she provides the funds obtained under the Loan Agreement and/or this Agreement to Beijing Jingtian by way of shareholder loans in accordance with the PRC laws, then to the extent permitted by the PRC laws and other applicable laws, Xxxxxx Xxxxx may exempt the repayment obligations of Beijing Jingtian as needed by the latter.
ChinaCache International Holdings Ltd.
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By: |
/s/ Xxxx Xxxx |
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Name: Xxxx Xxxx |
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Title: Director |
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ChinaCache Network Technology (Beijing) Co., Ltd.
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By: |
/s/ Xxxx Xxxx |
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Name: Xxxx Xxxx |
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Title: Legal Representative |
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Xxxxxx Xxxxx
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By: |
/s/ Xxxxxx Xxxxx |
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