AMERICAN DAIRY, INC. as the Company AMERICAN FLYING CRANE CORPORATION as the Guarantor and THE BANK OF NEW YORK, a New York banking corporation as the TrusteeIndenture • June 4th, 2007 • American Dairy Inc • Dairy products • New York
INDENTURE dated June 1, 2007, between AMERICAN DAIRY, INC., a Utah corporation (hereinafter called the “Company”), the parties listed on the signature pages hereto, and THE BANK OF NEW YORK, a New York banking corporation, as trustee hereunder (hereinafter called the “Trustee”).
AMENDED AND RESTATED NOTES PURCHASE AGREEMENT by and among AMERICAN DAIRY, INC. as the Company AMERICAN FLYING CRANE CORPORATION LANGFANG FEIHE DAIRY COMPANY LIMITED GANHAN FEIHE DAIRY COMPANY LIMITED SHANXI FEIHESANTAI BIOTECHNOLOGY SCIENTIFIC AND...Notes Purchase Agreement • June 4th, 2007 • American Dairy Inc • Dairy products • New York
This Amended and Restated Notes Purchase Agreement (this “Agreement”) is dated as of June 1, 2007, by and between American Dairy, Inc., a Utah corporation (the “Company”), the other Group Companies listed on the signature pages hereto, the Controlling Shareholders (as defined below), and Citadel Equity Fund Ltd. (the “Purchaser”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 4th, 2007 • American Dairy Inc • Dairy products • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of June 1, 2007 among American Dairy, Inc., a Utah corporation (the “Company”), American Flying Crane Corporation, a Delaware corporation wholly-owned by the Company (the “Guarantor”), Mr. Leng You-Bin and Mr. Liu Hua (together with Mr. Leng, the “Controlling Shareholders”) and Citadel Equity Fund Ltd., as the initial purchaser (the “Purchaser”) of the Notes (defined below).
SHARE PLEDGE AGREEMENTShare Pledge Agreement • June 4th, 2007 • American Dairy Inc • Dairy products
This SHARE PLEDGE AGREEMENT, dated as of June 1, 2007 (this “Agreement”), is executed between (i) Mr. Leng You-Bin, being an individual resident in the People’s Republic of China (“Mr. Leng”), and American Dairy, Inc., a Utah corporation (the “Company”, and together with Mr. Leng, the “Pledgors”) and The Bank of New York, in its capacity as collateral agent (with its successors in such capacity, the “Collateral Agent”) for the benefit of the Secured Parties (as defined below).
INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • June 4th, 2007 • American Dairy Inc • Dairy products • New York
THIS INVESTOR RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of June 1, 2007, by and among (i) (a) American Dairy, Inc., a Utah corporation (the “Company”), (b) American Flying Crane Corporation, a Delaware corporation and a wholly owned subsidiary of the Company (“AFC”), (c) LangFang Feihe Dairy Company Limited, a limited liability company organized and existing under the laws of the People’s Republic of China (the “PRC”) and a wholly-owned subsidiary of the Company (“LangFang”), GanHan Feihe Dairy Company Limited, a limited liability company organized and existing under the laws of the PRC and a wholly-owned subsidiary of the Company (“GanHan”), Shanxi Feihesantai Biotechnology Scientific and Commercial Co., Limited, a limited liability company organized and existing under the laws of the PRC and a wholly-owned subsidiary of the Company (“Shanxi”), Heilongjiang Feihe Dairy Co., Limited, a limited liability company organized and existing under the laws of the PRC and
