LOAN AGREEMENT
EXHIBIT
4.33
This
Loan
Agreement (the “Agreement”)
is made
by and between the following parties on January 19, 2006:
(1)
Lender (hereinafter referred to as “Party A”): Beijing
Origin Seed Limited;
and
(2)
Borrower (hereinafter referred to as “Party B”): Wanzhong
Chen, Jidan Sheng.
The
Lender and the Borrower are hereinafter collectively referred to as “Both
Parties” and individually as a “Party.”
WHEREAS:
Party
A,
Party B and other Parties have entered into an agreement on jointly investment
in the establishment of a new company. According to the agreement, Party B
shall
pay RMB
9,900,000,
which
accounts for
33% of
the
new company’s registered capital.
THEREFORE,
through
friendly negotiation and under principle
of equality and mutual benefit,
Party A
agrees to release loan to Party B as part of the latter’s investment, and the
following agreement have been reached by both parties regarding the aforesaid
loan hereof:
ARTICLE
ONE
Both
parties agree that Party A shall lend Party B RMB
6,500,000(hereinafter
referred to as “the loan”) exclusively for Party B’s payment of 21.67%
registered capital of the new company. Under additional negotiation, Both
parties shall enter into another agreement regarding the repayment of the
loan.
ARTICLE
TWO
As
per
Party B’s request, Party A agrees to deposit the loan into Mr.
Jidan Sheng’s banking
account within 3 days after the
effectiveness of this Agreement.
ARTICLE
THREE
This
Agreement shall come into effect after it is signed by both
Parties.
ARTICLE
FOUR
Both
parties shall be in compliance with any articles or terms set forth in this
agreement. it shall be deemed breach of the agreement if any party fails to
comply with any obligation. The defaulting party shall bear all liabilities
for
breach of the agreement and compensate the loss of the opposite
party.
EXHIBIT
4.33
ARTICLE
FIVE
Any
dispute arising from the execution of or related to this agreement shall be
settled through negotiation. If no settlement could be reached, any party has
the right to bring a lawsuit regarding the dispute to any People’s Court, which
has the jurisdiction.
ARTICLE
SIX
In
case
of any modification, both parties shall enter into a written agreement through
negotiation. If no agreement could be reached, this agreement hereunder shall
still be effective. Any amendment, translation or waiver
to any
articles hereunder shall be deemed invalid without both parties’ written
agreement.
ARTICLE
SEVEN
This
Agreement is made in
duplicate oone
text
for each party. Both parties may sign the copy of this agreement with the same
legal force of the text.
(END
OF THE CONTENENT)
Party
A (corporate seal): Beijing Origin Seed Limited.
Legal
representative (person in charge) or authorized representative (signature):
|
/s/
Xxxxxxxx
Xxx
|
|||
|
|
|||
|
/s/
CORPORATE SEAL
|
|||
|
|
Party
B:
Authorized
representative (signature):
|
/s/Wanzhong
Chen, Jidan Sheng.
|
|||
|
|
EXHIBIT
4.33
SUPPLEMENTARY
AGREEMENT
This
Supplementary Agreement is made by and between the following parties on November
9, 2006:
(1)
Lender (hereinafter referred to as “Party A”): Beijing
Origin Seed Limited;
and
(2)
Borrower (hereinafter referred to as “Party B”): Wanzhong
Chen, Jidan Sheng.
WHEREAS:
Both
parties have entered into the Loan
Agreement
on
January 19, 2006(hereinafter referred to as “the Loan Agreement”).
According to the Loan Agreement, Party B shall borrow Party A RMB
6,500,000(hereinafter
referred to as “the loan”) as part of Party B’s investment in Jilin
Changrong Hi-tech Seed Limited.
Therefore, through friendly negotiation between Lender and Borrower, the
following agreements have been reached regarding the repayment of the loan
hereof:
ARTICLE
ONE
Both
parties agree, the term of the loan is 3
years commencing
from the date when both parties signed this Loan Agreement. The interest shall
be calculated and settled at the interest rate for the loan of same grade
announced by the Bank on the date of the loan repayment.
ARTICLE
TWO
Both
parties agree, Party B shall repay the loan with the dividend on its capital
share in Jilin
Changrong Hi-tech Seed Limited.
ARTICLE
THREE
This
Supplementary Agreement shall become effective after it is signed by both
Parties.
ARTICLE
FOUR
This
Supplementary Agreement is a supplement to and an effective component of the
loan agreement, and both agreements have the equal legal
force.
ARTICLE
FIVE
This
Supplementary Agreement is made in
duplicate oone
text
for each party.
Party
A (corporate seal): Beijing Origin Seed Limited.
Legal
representative (person in charge) or authorized representative (signature):
| /s/ Xxxx Xxxx, Xxxxx Xxxxx | |||
|
|
Party
B:
Authorized
representative (signature):
| /s/Wanzhong Chen, Jidan Sheng. | |||
|
|
