AGREEMENT TO AMEND THE LOAN AGREEMENT
Exhibit
4.3
AGREEMENT
TO AMEND THE LOAN AGREEMENT
This
AMENDING AGREEMENT (this
Agreement)
is
entered
into by and among the following parties (the parties)
on
October
16, 2006:
KONGZHONG
CORPORATION (the Lender)
XXXXXXX
XXXX, XXXX XXXXX, XXXXXX XXXX, XXXXXX XXXX
WHEREAS:
| 1. |
The
Lender, Xxxxxxx Xxxx, Xxxx Xxxxx and Xxxxxx Xxxx signed a Loan Agreement
on March 31, 2004.
In
accordance with the terms and conditions set forth in the Loan
Agreement,
the Lender has provided Xxxxxx Xxxx a loan with a principal in
US
dollars equal to RMB 1,000,000 (one million), provided Xxxxxxx Xxxx
a loan
with a principal in US dollars equal to RMB 700,000 (seven hundred
thousand), provided Xxxx Xxxxx a loan with a principal in US dollars
equal
to RMB 300,000 (three hundred thousand) (the principle sum involved
respectively refers to that of different borrowers). Such loan provided
by
the lender only can be used for the investment in the Beijing AirInbox
Information Technologies Co., Ltd. (Beijing
AirInbox)
|
| 2. |
Xxxxxx
Xxxx, Xxxxxx Xxxx, Xxxxxxx Xxxx, Xxxx Xxxxx, Xxxx Cha and Linguang
Wu have
entered into a Capital Contribution Transfer Agreement dated on
October
16, 2006. Pursuant to Which Xxxxxx Xxxx agrees to transfer to Xxxxxx
Xxxx,
and Xxxxxx Xxxx agrees to acquire from Xxxxxx Xxxx, all of Xxxxxx
Xxxx’x
equity interests in the registered capital of Beijing AirInbox
(accounting
for 10% of the registered capital of Beijing AirInbox)(the Transfer).
|
| 3. |
The
Parties jointly agree to the
Transfer.
|
Now
Therefore,
the
Parties hereby agree as follows:
1. Amendments
to the Loan Agreement
The
Parties jointly agree to the substitution of Xxxxxx Xxxx as a party to the
Loan
Agreement in place of Xxxxxx Xxxx. As a result thereof, Xxxxxx Xxxx shall assume
all of Xxxxxx Xxxx’x rights and obligations under the Loan
Agreement.
2. Effective
Date
This
Agreement becomes effective on October 16, 2006.
3. Miscellaneous
| (a) |
Except
as expressly amended by this Agreement, all terms and conditions
of the
Loan Agreement shall remain in full force and
effect.
|
| (b) |
From
the effective date of this Agreement, the Loan Agreement as amended
by
this Agreement shall be read as a single integrated document incorporating
such amendments.
|
| (c) |
This
Agreement is governed by, and interpreted in accordance with, the
laws of
the New York State.
|
AS
WITNESS this Agreement has been signed by the duly authorised representatives
of
the parties the day and year first written above.
PARTY
A:
KONGZHONG CORPORATION
Authorized
Representative:
PARTY
B:
XXXXXXX XXXX
Signature:
PARTY
C:
XXXX XXXXX
Signature:
PARTY
D:
XXXXXX XXXX
Signature:
PARTY
E:
XXXXXX XXXX
Signature:
