GUSHAN ENVIRONMENTAL ENERGY LIMITED AND THE BANK OF NEW YORK As Depositary AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY SHARES ISSUED HEREUNDER Deposit Agreement Dated as of , 2007Deposit Agreement • December 3rd, 2007 • Gushan Environmental Energy LTD • New York
DEPOSIT AGREEMENT dated as of , 2007, among Gushan Environmental Energy Limited, a corporation incorporated under the laws of the Cayman Islands (herein called the Company), THE BANK OF NEW YORK, a New York banking corporation (herein called the Depositary), and all Owners and Holders from time to time of American Depositary Shares issued hereunder.
Investors’ Rights Agreement GUSHAN ENVIRONMENTAL ENERGY LIMITED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • December 3rd, 2007 • Gushan Environmental Energy LTD • Hong Kong
THIS INVESTORS’ RIGHTS AGREEMENT (the “Agreement”) is made as of the 20th day of September 2007, by and among Gushan Environmental Energy Limited (the “Company”), a company incorporated in the Cayman Islands, the investors listed on Schedule A hereto, each of which is herein referred to as the “Investor”, and the holders of shares listed on Schedule B hereto, each of which is herein referred to as a “Ordinary Shareholder”.
1) CARLING TECHNOLOGY LIMITED and (2) TIGER GLOBAL PRIVATE INVESTMENT PARTNERS III, L.P. and (3) UNITED CAPITAL INVESTMENT GROUP LIMITED and (4) YU JIANQIU and (5) JOYWIN TECHNOLOGY LIMITED and (6) PROFIT FAITH TECHNOLOGY LIMITED and (7) BRIGHTEST...Agreement • December 3rd, 2007 • Gushan Environmental Energy LTD • Hong Kong
Technology Development (Cooperation) Agreement (English Translation)Gushan Environmental Energy LTD • December 3rd, 2007
Whereas Party A is an enterprise specialized in researching and producing chemical products, such as bio-diesel, etc, while as a professional research institution, Party B has plenty research resources. In order to facilitate each other’s business and bring each of their advantages into full play in their bio-energy R&D joint project, Party A and Party B, based on the true and full expression of their wishes and through friendly consultation, enter into this Agreement pursuant to the provisions of “Contract Law of the People’s Republic of China” and promise to be bound by this Agreement.
Contract on Technology Development (Cooperation) (English Translation)Gushan Environmental Energy LTD • December 3rd, 2007
Whereas: Party A is an enterprise specialized in the research and production of chemicals such as biological diesel, and Party B is a research structure possessing ample resources for scientific research. To learn each other’s good points for common progress and display their respective advantages, both parties conclude, through friendly negotiation and on the basis of true and ample expression of their respective wills, following contract for joint observation on joint participation in the technological project for research and development of biomass energy in accordance with “Contract Law of the People’s Republic of China”.
SERVICE AGREEMENTService Agreement • December 3rd, 2007 • Gushan Environmental Energy LTD • Hong Kong
