English Translation of the Original Contract in Chinese)
(English Translation of the Original Contract in Chinese)
Exhibit 4.31
This Equity Transfer Agreement (this “Agreement”) is entered into by and among the following
parties in Shanghai City on November 16, 2009:
Transferor: Cui Rongqiang (“Party A”)
Address: Room 302,
Xx. 00, Xxxx 000, Xxxxxxxx Xxxx, Xxxxxxx Xxxxxxxx, Xxxxxxxx
Transferee: Jiangsu Linyang Solarfun Co., Ltd. (“Party B”)
Address: 000 Xxxxxxx Xxxx, Xxxxxx Economic Development Zone, Jiangsu Province
Shanghai Linyang Solar Technology Co., Ltd. (the “Target”) has a registered capital of RMB5
million, of which Party A contributed RMB500,000, 10% of the total registered capital. The Parties
hereby agree as follows after friendly negotiations:
Article 1 Subject of the Equity Transfer and Purchase Price
(i) | Party A agrees to transfer the 10% equity interest of the Target for consideration of
RMB500,000. |
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(ii) | All the rights affiliated
with the equity interest shall be transferred together with the equity interest. |
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(iii) | Within 30 days upon the execution of this
Agreement, Party B shall pay the total equity purchase price. |
Article 2 Undertakings and Warranties
Party A warrants that Party A lawfully owns the equity interest to be transferred to Party B
under Article 1. Party A has the right to dispose with full
force and effect. Party A also warrants that the equity interests to be transferred is free from
any mortgage or any claim by third parties.
Article 3 Default Liabilities
None
Article 4 Dispute Resolution
This Agreement shall be governed by the laws of the People’s Republic of China. Any dispute
arising from this Agreement shall be settled through friendly consultations between the Parties.
Any dispute that fails to be settled through such consultations shall
be submitted to Shanghai Arbitration Commission for arbitration or to
the PRC courts for adjudication.
Article 5 Miscellaneous
(i) | This Agreement shall be made in four counterparts, with one for each Party, two for
the Target. |
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(ii) | This Agreement shall become effective upon the execution. |
Party A: /s/ Rongqiang Cui | Party B: Jiangsu Linyang Solarfun Co., Ltd. (Seal affixed) |
November 16, 2009