0001019056-15-000946 Sample Contracts

Capital Increase and Share Subscription Agreement by and among Chongqing Liangjiang New Area Strategic Emerging Industries Equity Investment Fund Partnership (Limited Liability Partnership) Shanghai Phicomm Communication Co., Ltd Phicomm Technology...
Capital Increase and Share Subscription Agreement • December 14th, 2015 • Shanghai Phicomm Communication Co., Ltd. • Communications equipment, nec

This Capital Increase and Share Subscription Agreement is made and entered into as of December 2, 2015 in Chongqing, China, by and among:

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LETTER OF GUARANTEE
Letter of Guarantee • December 14th, 2015 • Shanghai Phicomm Communication Co., Ltd. • Communications equipment, nec

WHEREAS, The Smart Soho International Limited (“Smart Soho”) entered into a Purchase and Sale Agreement (the “Agreement”) with Shah Capital Management, Inc., Shah Capital Opportunity Fund LP, Hong Liang Lu, Lu Charitable Remainder Trust, Lu Family Trust and The Lu Family Limited Partnership (collectively, the “Sellers”) on November 4, 2015, setting out certain terms of a transaction for the sale of 11,739,932 Ordinary Shares held by the Sellers to Smart Soho.

JOINT FILING AGREEMENT
Joint Filing Agreement • December 14th, 2015 • Shanghai Phicomm Communication Co., Ltd. • Communications equipment, nec

In accordance with Rule 13d-1(k) under the Securities Exchange Act of 1934, as amended, the undersigned agree to the joint filing on behalf of each of them of a statement on Schedule 13D (including amendments thereto) with respect to the Ordinary Shares of UTStarcom Holdings Corp. and further agree that this Joint Filing Agreement shall be included as an exhibit to such joint filings.

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