Second Supplemental Letter of Agreement
Exhibit 4.40
Second Supplemental Letter of Agreement
July 15, 2004
XxxXxxx.xxx, Inc.
x/x Xxxxx 0000, Xxxxx X0
Xxx Xxxxxx, Xxxxxxxx Xxxxx
Xxxx Xxxxx Xxxxxxxx
Xxxxxxx 000000
People’s Republic of China
Attention: Board of Directors
Dear Sirs:
The undersigned, Xxxxxxx Xxx Xxxx, Xx Xxxx and Xxx Xxxxx acknowledge that (1) Xxxxxxx Xxx Xxxx and Xx Xxxx executed a Letter of Agreement (the “Letter Agreement”) which is addressed to and was accepted by XxxXxxx.xxx, Inc. (“NetEase”) on June 6, 2000; and (2) Xxxxxxx Xxx Xxxx, Xx Xxxx and Xxx Xxxxx executed a Supplemental Letter of Agreement which is addressed to and was accepted by NetEase on May 17, 2004.
Xxxxxxx Xxx Xxxx, Xx Xxxx, and Xxx Xxxxx, being the shareholders of Guangzhou Xxxx Xx Electronic Technology Co., Ltd. (“GZ Xxxx Xx”), and GZ Xxxx Xx have entered into certain arrangements with NetEase and/or NetEase Information Technology (Beijing) Co., Ltd. (“NetEase Beijing”). The undersigned hereby agree to have this Second Supplement Letter Agreement as follows:
| 1. | The scope of the NetEase Agreements as described in the Letter Agreement shall be amended to include all agreements to which NetEase or NetEase Beijing is a party on the one hand and GZ Xxxx Xx and/or any or all of the undersigned on the other hand. |
| 2. | In the event that any change to be made to any NetEase Agreement requires a vote by the shareholders of GZ Ling Xx, Xxxxxxx Xxx Xxxx, Xx Xxxx and Xxx Xxxxx shall vote in such capacity as the shareholders of GZ Xxxx Xx in accordance with the Board’s instructions. |
| 3. | All terms used in this Second Supplemental Letter Agreement shall have the same meanings as defined in the Letter Agreement. |
| 4. | All terms and conditions of the Letter Agreement other than those that have been amended by this Second Supplemental Letter Agreement shall remain unchanged. This Second Supplemental Letter Agreement, upon being signed by all undersigned, shall form an integral part of the Letter Agreement. |
Yours faithfully,
XXXXXXX XXX XXXX
| By: |
| |
| Name: |
Xxxxxxx Xxx Xxxx | |
XX XXXX
| By: |
| |
| Name: |
Xx Xxxx | |
XXX XXXXX
| By: |
| |
| Name: |
Xxx Xxxxx | |
Agreed and accepted by:
XXXXXXX.XXX, INC.
| By: |
| |
| Name: |
||
| Title: |
||
2
