CHINA NEW BORUN CORPORATION AND THE BANK OF NEW YORK MELLONDeposit Agreement • May 17th, 2010 • CHINA NEW BORUN Corp • Malt beverages • New York
DEPOSIT AGREEMENT dated as of , 2010 among CHINA NEW BORUN CORPORATION, a company incorporated under the laws of the Cayman Islands (herein called the Company), THE BANK OF NEW YORK MELLON, a New York banking corporation (herein called the Depositary), and all Owners and Holders from time to time of American Depositary Shares issued hereunder.
China New Borun Corporation [ · ] American Depositary Shares Representing [ · ] Ordinary Shares par value $0.001 per share UNDERWRITING AGREEMENTUnderwriting Agreement • May 17th, 2010 • CHINA NEW BORUN Corp • Malt beverages • New York
China New Borun Corporation, a Cayman Islands exempted company limited by shares (the “Company”) proposes to sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ · ] American Depositary Shares (the “Firm ADSs”) representing [ · ] ordinary shares, $0.001 par value per share (the “Ordinary Shares”), of the Company. The Company has also granted to the several Underwriters an option to purchase up to [ · ] additional ADSs on the terms and for the purposes set forth in Section 3 hereof (the “Option ADSs”). The Firm ADSs and any Option ADSs purchased pursuant to this Underwriting Agreement are herein collectively called the “ADSs.” The Ordinary Shares represented by the Firm ADSs are hereinafter called the “Firm Shares” and the Ordinary Shares represented by the Option ADSs are hereinafter called the “Option Shares,” and the Firm Shares and any Option Shares purchased pursuant to this Agreement are herein collectively called the “Shares.”
