GUSHAN ENVIRONMENTAL ENERGY LIMITED (an exempted company limited by shares under the laws of the Cayman Islands) 18,000,000 American Depositary Shares representing 36,000,000 Ordinary Shares UNDERWRITING AGREEMENTUnderwriting Agreement • December 13th, 2007 • Gushan Environmental Energy LTD • American depositary receipts • New York
Contract Type FiledDecember 13th, 2007 Company Industry JurisdictionGushan Environmental Energy Limited, an exempted company limited by shares under the laws of the Cayman Islands (the “Company”), and the persons listed on Schedule A-II hereto (the “Selling Shareholders”), confirm their respective agreements with Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and each of the other underwriters named in Schedule A-I hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch is acting as representative (in such capacity, the “Representative”), with respect to (i) the issue and sale by the Company and the sale by the Selling Shareholders, acting severally and not jointly, and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of American Depositary Shares (“ADSs”), each representing two ordinary shares, par value HK$0.00001 per share, of the Company (“Ordinary Shares”), set forth in