SETTLEMENT AGREEMENTSettlement Agreement • January 9th, 2013 • CDC Corp • Services-prepackaged software • New York
THIS SETTLEMENT AGREEMENT (the “Agreement”) is made and entered into as of the 18th day of December, 2012, by and among: (1) CDC Corporation, as debtor and debtor-in-possession (“CDC” or “Debtor”) and the Official Committee of Equity Security Holders of Debtor CDC Corporation (“Committee”) (together, the “Debtor Parties”); (2) CDC Software Corporation (“CDC Software”); and (3) Wong Chung Kiu (a.k.a. C.K. Wong) (“C.K. Wong”), Yip Hak Yung (a.k.a. Peter Yip) (“Yip”), Asia Pacific Online Limited (a.k.a. Asia Pacific On-line Limited) (“APOL”), Ch’ien Kuo Fung (a.k.a. Raymond Ch’ien) (“Ch’ien”), Francis Kwok-Yu Au (“Au”), Donald L. Novajosky (“Novajosky”), Monish Bahl (“Bahl”), Thomas M. Britt III (“Britt”), Wong Kwong Chi (a.k.a. Simon Wong) (“S. Wong”), and Wang Cheung Yue (a.k.a. Fred Wang) (“Wang”) (collectively, the “NY Defendant Parties”), each of which is a “Party” and all together are the “Parties.”)
SETTLEMENT AGREEMENTSettlement Agreement • January 9th, 2013 • CDC Corp • Services-prepackaged software • New York
THIS SETTLEMENT AGREEMENT (the “Agreement”) is made and entered into as of the 18 day of December, 2012, by and among: (1) CDC Corporation, as debtor and debtor-in-possession (“CDC” or “Debtor”) and the Official Committee of Equity Security Holders of Debtor CDC Corporation (“Committee”) (together, the “Debtor Parties”); (2) Evolution Capital Management, LLC (“ECM”), Evolution CDC SPV Ltd. (“Evolution SPV”), Global Opportunities Fund Ltd., SPC, Segregated Portfolio M (f.k.a. Evolution Master Fund Ltd., SPC, Segregated Portfolio M) (“M Fund”), Evo China Fund (“Evo China”) and E1 Fund, Ltd. (“E1 Fund”) (collectively, the “Evolution Parties”); and (3) CDC Software Corporation (“CDC Software”), Wong Chung Kiu (a.k.a. C.K. Wong) (“C.K. Wong”), Yip Hak Yung (a.k.a. Peter Yip) (“Yip”), Asia Pacific Online Limited (a.k.a. Asia Pacific On-line Limited) (“APOL”), Ch’ien Kuo Fung (a.k.a. Raymond Ch’ien) (“Ch’ien”), Francis Kwok-Yu Au (“Au”), Donald L. Novajosky (“Novajosky”), Monish Bahl (“Bahl”)
LIQUIDATION TRUST AGREEMENT CDC CORPORATION, as Debtor, and MARCUS A. WATSON, as Liquidation TrusteeLiquidation Trust Agreement • January 9th, 2013 • CDC Corp • Services-prepackaged software • Georgia
THIS LIQUIDATION TRUST AGREEMENT (this “Agreement”) is made this day of , 2012, by and among CDC Corporation, a Cayman Islands exempted company (the “Debtor”), and Marcus A. Watson (“Watson”), and together with any successors, in his capacity as Liquidation Trustee under the Plan (in such capacity, the “Liquidation Trustee”).
