Financial Support Agreement
Exhibit 4.78
This Financial Support Agreement (hereinafter referred to as the “Agreement”) is made and entered into by and among the following parties on December 22, 2015 in Shenzhen, the People’s Republic of China (hereinafter referred to as the “PRC”):
000.XXX LIMITED (hereinafter referred to as “000.XXX”), a company incorporated and existing under the laws of Cayman Islands, with its address at XX XXX 000, Xxxxxx Xxxxx, Xxxxx Xxxxxx, XXX-0000, Cayman Island;
E-Sun Sky Computer (Shenzhen) Co., Ltd. (hereinafter referred to as “E-sun Sky Computer”), a wholly foreign owned company incorporated and existing under the PRC laws, with its address at Room 3-A, Complex Building (including affiliated equipment room), Shenxianling Sports Center, Central City, Longgang District, Shenzhen;
XXXXX Xxx, a Chinese citizen with ID Card number of 000000000000000000; and
XXXXX Xxxx, a Chinese citizen with ID Card number of 000000000000000000.
WHEREAS
XXXXX Xxx and XXXXX Xxxx are shareholders of Shenzhen Tongfu Technology Co., Ltd. (a limited liability company incorporated and existing under the PRC laws, with its address at Xx. X0000X, Xxxxxxxx X, Xxxxx Xxxxxx, Xxxxx Xxxx, Futian Street, Futian District, Shenzhen, hereinafter referred to as “Tongfu Technology”);
E-sun Sky Computer is a wholly owned subsidiary of 000.XXX in the PRC;
The Parties hereby confirm the finance and other matters of Tongfu Technology as follows:
000.XXX confirms and undertakes that, from the date of this Agreement (hereinafter referred to as the “Effective Date”), when needed by Tongfu Technology, 000.XXX agrees to unconditionally provide financial support (hereinafter referred to as “Financial Support”) to XXXXX Xxx and XXXXX Xxxx by itself or through E-sun Sky Computer in the way permitted by PRC laws and regulations. XXXXX Xxx and XXXXX Xxxx agree to accept such Financial Support in the way permitted by PRC laws and regulations, and undertake to unconditionally use such Financial Support they receive to fund Tongfu Technology so as to support the operation and development of Tongfu Technology.
To the extent permitted by PRC laws and regulations and other applicable laws, at the request of Tongfu Technology, 000.XXX agrees to instruct XXXXX Xxx and XXXXX Xxxx to release Tongfu Technology from the obligation of repayment of such Financial Support; if XXXXX Xxx and XXXXX Xxxx release Tongfu Technology from the obligation of repayment of the Financial Support under the instruction of 000.XXX, then 000.XXX agrees to release XXXXX Xxx and XXXXX Xxxx from the obligation of repayment of the Financial Support correspondingly by itself or instructing E-sun Sky Computer to do so.
Where 000.XXX provides financial support to Tongfu Technology by itself or through E-sun Sky Computer, the specific provisions shall be otherwise negotiated and solved by the Parties hereto.
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[This is the signature page of the Financial Support Agreement.]
IN WITNESS WHEREOF, this Agreement has been executed by the Parties on the date first written above.
000.XXX Limited
By: /s/ Pan Zhengming
Name: Pan Zhengming
Title: CEO
E-Sun Sky Computer (Shenzhen) Co., Ltd.
By: /s/ Xx Xx
Name: Xx Xx
Title: Legal Representative
XXXXX Xxx
By: /s/ Xxxxx Xxx
XXXXX Xxxx
By: /s/ Xxxxx Xxxx