AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 6th, 2009 • China New Energy Group CO • Natural gas distribution • New York
This Amended and Restated Registration Rights Agreement (this "Agreement") is made and entered into as of April 30, 2009, by and among China New Energy Group Company, a Delaware corporation (the "Company"), and China Hand Fund I, LLC, a Delaware limited liability company (together with successors and assigns, the “Purchaser”). This Agreement is made in connection with the (i) Series A Convertible Preferred Stock Securities Purchase Agreement, dated as of August 8, 2008, by and between the Company and the purchaser party thereto (the "Series A Purchase Agreement") and (ii) Series B Convertible Preferred Stock Securities Purchase Agreement, dated as of April 30, 2009, by and between the Company and the purchaser party thereto (the “Series B Purchase Agreement”; together with the Series A Purchase Agreement, each a “Purchase Agreement” and, collectively, the “Purchase Agreements”). Capitalized terms used herein but not otherwise defined herein shall have the meanings ascribed to such term
CLOSING ESCROW AGREEMENTClosing Escrow Agreement • May 6th, 2009 • China New Energy Group CO • Natural gas distribution • Virginia
This Closing Escrow Agreement dated as of April 30, 2009 (this “Agreement”) is entered into by and among China New Energy Group Company, a Delaware corporation (the “Company”), China Hand Fund I, LLC, a Delaware limited liability company (together with its successors and assigns, “CHF” or the “Initial Purchaser”), each of the persons who hereafter become investors in the Company pursuant to the Purchase Agreement (as defined below) (together with its successors and assigns, each, an “Additional Purchaser” and collectively, the “Additional Purchasers” and together with the Initial Purchasers, the (“Purchasers”), and Escrow, LLC, with an address at 360 Main Street, P.O. Box 391, Washington, Virginia 22747 (the “Escrow Agent”). Capitalized terms used but not defined herein shall have the meanings set forth in the Purchase Agreement.
SERIES B CONVERTIBLE PREFERRED STOCK SECURITIES PURCHASE AGREEMENT by and between CHINA NEW ENERGY GROUP COMPANY and CHINA HAND FUND I, LLC As of April 30, 2009Convertible Preferred Stock Securities Purchase Agreement • May 6th, 2009 • China New Energy Group CO • Natural gas distribution • New York
THIS SERIES B CONVERTIBLE PREFERRED STOCK SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of April 30, 2009, is entered into by and between China New Energy Group Company, a Delaware corporation (the “Company”), China Hand Fund I, LLC, a limited liability company organized and existing under the laws of the State of Delaware (“China Hand”, together with its successors and assigns, the “Purchaser”, together with the Company, each a “Party” and collectively the “Parties”). Certain capitalized terms used in this Agreement are defined in Exhibit A attached hereto.
SERIES B CONVERTIBLE PREFERRED STOCK SECURITIES ESCROW AGREEMENTSecurities Escrow Agreement • May 6th, 2009 • China New Energy Group CO • Natural gas distribution • Virginia
THIS SERIES B CONVERTIBLE PREFERRED STOCK SECURITIES ESCROW AGREEMENT (the “Agreement”), dated as of April 30, 2009, is entered into by and among China New Energy Group Company, a Delaware corporation (the “Company”), China Hand Fund I, LLC, a Delaware limited liability company, for itself and as representative (together with its successors and assigns, the “Purchaser Representative”) of any additional investors which may become parties to this Agreement (together with their respective successors and assigns, each, a “Purchaser” and collectively, the “Purchasers”), and Escrow, LLC, with an address at 360 Main Street, P.O. Box 391, Washington, Virginia 22747 (the “Escrow Agent”). Capitalized terms used, but not defined herein shall have the meanings set forth in the Series B Purchase Agreement (as defined below).
WAIVERWaiver • May 6th, 2009 • China New Energy Group CO • Natural gas distribution • New York
This Waiver (the “Waiver”) is made as of April 30, 2009, by and among China New Energy Group Company, a Delaware corporation (the "Company"), and China Hand Fund I, LLC, a Delaware limited liability company (together with its successors and assigns, the “Purchaser” or “China Hand”).
