NOTE PURCHASE AGREEMENT by and among YINGLI GREEN ENERGY HOLDING COMPANY LIMITED as the Company AND TRUSTBRIDGE PARTNERS II, L.P. as the Purchaser Dated: January 7, 2009Note Purchase Agreement • June 15th, 2009 • Yingli Green Energy Holding Co LTD • Semiconductors & related devices • New York
This Note Purchase Agreement (this “Agreement”) is dated as of January 7, 2009, by and among Yingli Green Energy Holding Company Limited, a company incorporated under the laws of the Cayman Islands (the “Company”) and Trustbridge Partners II, L.P., limited liability partnership organized under the laws of the Cayman Islands (the “Purchaser”).
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • June 15th, 2009 • Yingli Green Energy Holding Co LTD • Semiconductors & related devices • New York
THIS SECOND SUPPLEMENTAL INDENTURE (this “Second Supplemental Indenture”), dated as of June 15, 2009, is entered into by and between YINGLI GREEN ENERGY HOLDING COMPANY LIMITED, a company incorporated in the Cayman Islands (hereinafter called the “Company”) and DB TRUSTEES (HONG KONG) LIMITED, a company incorporated under the laws of Hong Kong, as trustee hereunder (hereinafter called the “Trustee”). Unless otherwise defined herein, all terms used herein shall have their respective meanings as defined in the Indenture (as defined below).
SHARE MORTGAGE DATED 13 FEBRUARY 2009 BETWEEN CYBER POWER GROUP LIMITED as Mortgagor and GOLD SUN DAY LIMITED as MortgageeBought Note • June 15th, 2009 • Yingli Green Energy Holding Co LTD • Semiconductors & related devices • Hong Kong
LOAN CONTRACT (Export Seller’s Credit for General M&E Products and High-Tech Products) Contract No.: (2009) Jin Chu Yin (Jing Xin He) Zi No. 19031Yingli Green Energy Holding Co LTD • June 15th, 2009 • Semiconductors & related devices
The Borrower has submitted an application to the Lender for an export seller’s credit facility with respect to the export of certain high-tech products (the “Products”). After examination, the Lender agrees to make such loan upon the terms and conditions hereof. The Lender hereby authorizes Beijing Branch of the Export-Import Bank of China to be responsible for the disbursement and recovery of, and all matters relating to the management of, the Loan hereunder. All acts made by Beijing Branch of the Export-Import Bank of China for the purpose of the disbursement, recovery, supervision and management of the Loan hereunder shall be deemed as the acts of the Lender.
CREDIT AGREEMENT DATED 24 JANUARY 2009 by GOLD SUN DAY LIMITED as Lender and YINGLI ENERGY (CHINA) COMPANY LIMITED as BorrowerCredit Agreement • June 15th, 2009 • Yingli Green Energy Holding Co LTD • Semiconductors & related devices
In order to fund capital expenditure arising from the construction of ongoing and new polysilicon solar cell projects and working capital requirements of the Borrower, the Borrower applies to the Lender for a foreign currency loan and the Lender agrees to advance the loan in accordance with the terms and conditions of this Agreement. The Parties enter into this Agreement through consultation and on the basis of relevant PRC laws and regulations and principles of equality, free will, fairness and good faith.
MORTGAGE CONTRACT IN CONNECTION WITH CHINA DEVELOPMENT BANK FOREIGN EXCHANGE LOANYingli Green Energy Holding Co LTD • June 15th, 2009 • Semiconductors & related devices
Domicile: No.3399, Chao Yang North Road, Baoding, Hebei Province Legal Representative: Miao Liansheng Postcode: 071051 Handling Person: Liu Yang Tel: 0312-8929705 Fax: 0312-3151881
SHARE PURCHASE AGREEMENT Between GRAND AVENUE GROUP LIMITED and YINGLI GREEN ENERGY HOLDING COMPANY LIMITED Dated as of January 7, 2009Share Purchase Agreement • June 15th, 2009 • Yingli Green Energy Holding Co LTD • Semiconductors & related devices • New York
SHARE PURCHASE AGREEMENT (this “Agreement”), dated as of January 7, 2009, between Grand Avenue Group Limited, a British Virgin Islands company (the “Seller”), and Yingli Green Energy Holding Company Limited, a Cayman Islands company (the “Purchaser”).
EQUITY PLEDGE CONTRACT DATED FEBRUARY 13, 2009 by CYBER POWER GROUP LIMITED and FINE SILICON CO., LTD and GOLD SUN DAY LIMITEDEquity Pledge Contract • June 15th, 2009 • Yingli Green Energy Holding Co LTD • Semiconductors & related devices
In this Contract, the Chargee, the Chargor and the Company are collectively referred to as the Parties and each of them is referred to as a Party.
CHINA DEVELOPMENT BANK FOREIGN EXCHANGE LOAN CONTRACTYingli Green Energy Holding Co LTD • June 15th, 2009 • Semiconductors & related devices
Domicile: No. 3399, Chao Yang North Road, Baoding, Hebei Province Legal Representative: Miao Liansheng Post code: 071051 Handling Person: Liu Yang Tel: 0312-8929705 Fax: 0312-3151881
SUPPLEMENTAL INDENTURESupplemental Indenture • June 15th, 2009 • Yingli Green Energy Holding Co LTD • Semiconductors & related devices • New York
THIS SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of May 21, 2009, is entered into by and between YINGLI GREEN ENERGY HOLDING COMPANY LIMITED, a company incorporated in the Cayman Islands (hereinafter called the “Company”) and DB TRUSTEES (HONG KONG) LIMITED, a company incorporated under the laws of Hong Kong, as trustee hereunder (hereinafter called the “Trustee”). Unless otherwise defined herein, all terms used herein shall have their respective meanings as defined in the Indenture (as defined below).
GUARANTEE CONTRACT IN CONNECTION WITH CHINA DEVELOPMENT BANK FOREIGN EXCHANGE LOANYingli Green Energy Holding Co LTD • June 15th, 2009 • Semiconductors & related devices
Domicile: No.3055, Fuxing Middle Road, National New& High-Tech Industrial Development Zone, Baoding Legal Representative: Ding Qiang Postcode: 071051 Handling Person: Liu Yang Tel: 0312-3100500 Fax: 0312-3151881
SECURITY AGREEMENT DATED 13 FEBRUARY 2009 BETWEEN CYBER LIGHTING HOLDING COMPANY LIMITED as Chargor and GOLD SUN DAY LIMITED as ChargeeSecurity Agreement • June 15th, 2009 • Yingli Green Energy Holding Co LTD • Semiconductors & related devices • Hong Kong
ACCOUNT CHARGE DATED 13 FEBRUARY 2009 BETWEEN CYBER POWER GROUP LIMITED as Chargor and GOLD SUN DAY LIMITED as ChargeeYingli Green Energy Holding Co LTD • June 15th, 2009 • Semiconductors & related devices • Hong Kong
WARRANT AGREEMENT BY WAY OF DEED POLL DATED AS OF APRIL 7, 2009 RELATING TO 4,125,000 WARRANTS IN REGISTERED FORM EXERCISABLE FOR CASH AND/OR FOR SHARES YINGLI GREEN ENERGY HOLDING COMPANY LIMITEDWarrant Agreement • June 15th, 2009 • Yingli Green Energy Holding Co LTD • Semiconductors & related devices • Hong Kong
provided that if the relevant issue of Shares is made as part of an arrangement involving a reduction of capital, the Strike Price shall be adjusted in such manner as an Approved Investment Bank shall certify to be appropriate, having regard to the relative interests of the persons affected thereby taken as a whole and such other matters as the Approved Investment Bank shall consider relevant.
