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 28th, 2007 • American Dairy Inc • Dairy products • New York
INDENTURE dated June 27, 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”).
NON-COMPETITION AGREEMENTNon-Competition Agreement • June 28th, 2007 • American Dairy Inc • Dairy products • New York
THIS NON-COMPETITION AGREEMENT (this “Agreement”) is made and entered into as of June 1, 2007, by and among Mr. Leng You-Bin, an individual residing in the People’s Republic of China (“PRC”) (the “Executive”), and American Dairy, Inc., a Utah corporation (the “Company”).
Form of Accession LetterAccession Letter • June 28th, 2007 • American Dairy Inc • Dairy products
THIS UNDERTAKING is made as of the date above written by entities identified as Acceding Parties in the signature pages hereto (the “Acceding Parties”) in relation to that certain Amended and Restated Notes Purchase Agreement, (the “Amended Purchase Agreement”), dated May 31, 2007 by and among the Company, the Group Companies, the Controlling Shareholders and Citadel Equity Fund Ltd., as amended from time to time. Capitalized terms used herein but not otherwise defined in this letter shall have the respective meanings set forth in the Amended Purchase Agreement.
JOINDER AGREEMENTJoinder Agreement • June 28th, 2007 • American Dairy Inc • Dairy products • New York
This Joinder Agreement, made and effective as of June 27, 2007, is entered into by and among the undersigned individuals or entities identified as the “Purchasers” below, American Dairy, Inc., a Utah corporation (the “Company”), the entities identified as the “Group Companies” below, and Leng You-Bin and Liu Hua (the “Controlling Shareholders”).
