Agreement text. The Agreement shall be in Chinese and be in sextuplicate, with each party holding one. For the above purpose, the parties have signed the Agreement on the date first shown above. Shanghai Lightinthebox Information Technology Co., Ltd. (Sealed) Fu Qianneng Position: Legal representative The existing shareholder: Fu Qianneng The existing shareholder: Liu Li Domestic Company: Dongguan Herui Supply Chain Management Co., Ltd. ▇▇▇ Li Position: Legal representative Annex I To Fu Qianneng, Liu Li The Exclusive Option Agreement was concluded on September 27th, 2020 by and between Fu Qianneng, Liu Li and the Company. Terms used herein shall have the same meaning as those defined in the Agreement. The Company has decided to exercise the exclusive equity option set forth in the Exclusive Option Agreement, and hereby requests the Company/ [ ] [name of the company/person] designated by the Company to purchase 40% and 60% of the earnings on equity of Dongguan Herui Supply Chain Management Co., Ltd. held by Fu Qianneng and Liu Li, respectively. Fu Qianneng and Liu Li shall complete the closing of the purchased equity in accordance with the Exclusive Option Agreement within fifteen workdays upon receipt of the notice. Shanghai Lightinthebox Information Technology Co., Ltd. (Sealed) Date: [MM/DD/YY] Annex II To Dongguan Herui Supply Chain Management Co., Ltd. The Exclusive Option Agreement was concluded on September 27th, 2020 by and between Fu Qianneng, Liu Li and the Company. Terms used herein shall have the same meaning as those defined in the Agreement. The Company has determined to exercise the exclusive equity option set forth in the Exclusive Option Agreement, and hereby requests the Company/ [ ] [name of the company/person] as the designee designated by the Company to purchase all assets (“assets to be assigned”) of your Company as listed in the list attached. Your Company shall transfer all assets to be assigned to the Company/[name of the designated company/person] in accordance with the Exclusive Option Agreement upon receipt of the notice. Shanghai Lightinthebox Information Technology Co., Ltd. (Sealed) Date: [MM/DD/YY] Annex III The Equity Transfer Agreement (“the Agreement”) was concluded by the following parties on [MM/DD/YY]: Transferor: Fu Qianneng ID No.: ( ) Address: Transferor: Liu Li ID No.: ( ) Address: Assignee: [Shanghai Lightinthebox Information Technology Co., Ltd. or its designated assignee] Registration No.: Address: The parties agreed as follows: 1. Fu Qianneng and Liu Li agree to sell, in the minimum price allowed by laws of the PRC, and the assignee agrees to purchase 40% and 60% equity (hereinafter referred to as “purchased equity”) of Dongguan Herui Supply Chain Management Co., Ltd. held by Fu Qianneng and Liu Li respectively, under the same conditions. 2. After the transfer of above purchased equity, the transferors shall not enjoy any right in the purchased equity and the assignee shall enjoy all rights of the transferors in the purchased equity. 3. The effectiveness, interpretation, performance and dispute resolution of the Agreement shall be governed by laws of the PRC. Matters not covered herein and all disputes arising from the execution and performance of the Agreement shall be solved by the parties in accordance with the provisions of the Exclusive Option Agreement or through friendly negotiation. If the negotiation fails within 30 days after the raising of the dispute, each party is entitled to file the dispute to [China International Economic and Trade Arbitration Commission] for arbitration in accordance with its arbitration rules in force. The arbitration shall be conducted by three arbitrators in [Beijing] The arbitration party and the respondent shall each designate an arbitrator, and the third arbitrator shall be designated by China International Economic and Trade Arbitration Commission. If the number of the arbitration party or the respondent exceed two persons (natural person or legal person), they shall designate an arbitrator upon consensus through negotiation. The arbitration award is final and has binding effect on the parties. During the arbitration, except the dispute matters or obligations submitted for arbitration, the parties shall continue the performance of other obligations under the Agreement. The arbitrators is entitled to make appropriate award based on the actual situation to grant appropriate legal relief to the assignee, including restricting the business operation of Dongguan Herui Supply Chain Management Co., Ltd., restricting and prohibiting the transfer or disposal of the equity or assets of Dongguan Herui Supply Chain Management Co., Ltd. held by the transferor, and requiring the transferors to liquid Dongguan Herui Supply Chain Management Co., Ltd. 4. At the request of the assignee, a competent court is entitled to grant provisional relief, such as award or order to detain or freeze the properties or equity of the default party. After the arbitration award takes effect, either party is entitled to apply for enforcement to a court with jurisdiction. In addition to courts in China Mainland, courts in China Hong Kong and the Cayman Islands shall also have the jurisdiction for the above purposes. 5. The Agreement shall become effective from date when the parties sign it.
Appears in 1 contract
Sources: Exclusive Option Agreement (LightInTheBox Holding Co., Ltd.)
Agreement text. The Agreement shall be in Chinese and be in sextuplicate, with each party holding one. For the above purpose, the parties have signed the Agreement on the date first shown above. Shanghai Lightinthebox Information Technology Co., Ltd. (Sealed) Fu Qianneng Position: Legal representative The existing shareholder: Fu Qianneng The existing shareholder: Liu Li ▇▇▇ ▇▇▇▇ Domestic Company: Dongguan Herui Supply Chain Management Chongqing Rui Zhihe E-commerce Co., Ltd. ▇▇▇ Li Fu Qianneng Position: Legal representative Annex I To Fu Qianneng, Liu Li ▇▇▇ ▇▇▇▇ The Exclusive Option Agreement was concluded on September 27th25th, 2020 by and between Fu Qianneng, Liu Li ▇▇▇ ▇▇▇▇ and the Company. Terms used herein shall have the same meaning as those defined in the Agreement. The Company has decided to exercise the exclusive equity option set forth in the Exclusive Option Agreement, and hereby requests the Company/ [ ] [name of the company/person] designated by the Company to purchase 4095% and 605% of the earnings on equity of Dongguan Herui Supply Chain Management Chongqing Rui Zhihe E-commerce Co., Ltd. held by Fu Qianneng and Liu Li▇▇▇ ▇▇▇▇, respectively. Fu Qianneng and Liu Li ▇▇▇ ▇▇▇▇ shall complete the closing of the purchased equity in accordance with the Exclusive Option Agreement within fifteen workdays upon receipt of the notice. Shanghai Lightinthebox Information Technology Co., Ltd. (Sealed) Date: [MM/DD/YY] Annex II To Dongguan Herui Supply Chain Management Chongqing Rui Zhihe E-commerce Co., Ltd. The Exclusive Option Agreement was concluded on September 27th25th, 2020 by and between Fu Qianneng, Liu Li ▇▇▇ ▇▇▇▇ and the Company. Terms used herein shall have the same meaning as those defined in the Agreement. The Company has determined to exercise the exclusive equity option set forth in the Exclusive Option Agreement, and hereby requests the Company/ [ ] [name of the company/person] as the designee designated by the Company to purchase all assets (“assets to be assigned”) of your Company as listed in the list attached. Your Company shall transfer all assets to be assigned to the Company/[name of the designated company/person] in accordance with the Exclusive Option Agreement upon receipt of the notice. Shanghai Lightinthebox Information Technology Co., Ltd. (Sealed) Date: [MM/DD/YY] Annex III The Equity Transfer Agreement (“the Agreement”) was concluded by the following parties on [MM/DD/YY]: Transferor: Fu Qianneng ID No.: ( ) Address: Transferor: Liu Li ▇▇▇ ▇▇▇▇ ID No.: ( ) Address: Assignee: [Shanghai Lightinthebox Information Technology Co., Ltd. or its designated assignee] Registration No.: Address: The parties agreed as follows:
1. Fu Qianneng and Liu Li ▇▇▇ ▇▇▇▇ agree to sell, in the minimum price allowed by laws of the PRC, and the assignee agrees to purchase 4095% and 605% equity (hereinafter referred to as “purchased equity”) of Dongguan Herui Supply Chain Management Chongqing Rui Zhihe E-commerce Co., Ltd. held by Fu Qianneng and Liu Li ▇▇▇ ▇▇▇▇ respectively, under the same conditions.
2. After the transfer of above purchased equity, the transferors shall not enjoy any right in the purchased equity and the assignee shall enjoy all rights of the transferors in the purchased equity.
3. The effectiveness, interpretation, performance and dispute resolution of the Agreement shall be governed by laws of the PRC. Matters not covered herein and all disputes arising from the execution and performance of the Agreement shall be solved by the parties in accordance with the provisions of the Exclusive Option Agreement or through friendly negotiation. If the negotiation fails within 30 days after the raising of the dispute, each party is entitled to file the dispute to [China International Economic and Trade Arbitration Commission] for arbitration in accordance with its arbitration rules in force. The arbitration shall be conducted by three arbitrators in [Beijing] The arbitration party and the respondent shall each designate an arbitrator, and the third arbitrator shall be designated by China International Economic and Trade Arbitration Commission. If the number of the arbitration party or the respondent exceed two persons (natural person or legal person), they shall designate an arbitrator upon consensus through negotiation. The arbitration award is final and has binding effect on the parties. During the arbitration, except the dispute matters or obligations submitted for arbitration, the parties shall continue the performance of other obligations under the Agreement. The arbitrators is entitled to make appropriate award based on the actual situation to grant appropriate legal relief to the assignee, including restricting the business operation of Dongguan Herui Supply Chain Management Chongqing Rui Zhihe E-commerce Co., Ltd., restricting and prohibiting the transfer or disposal of the equity or assets of Dongguan Herui Supply Chain Management Chongqing Rui Zhihe E-commerce Co., Ltd. held by the transferor, and requiring the transferors to liquid Dongguan Herui Supply Chain Management Chongqing Rui Zhihe E-commerce Co., Ltd.
4. At the request of the assignee, a competent court is entitled to grant provisional relief, such as award or order to detain or freeze the properties or equity of the default party. After the arbitration award takes effect, either party is entitled to apply for enforcement to a court with jurisdiction. In addition to courts in China Mainland, courts in China Hong Kong and the Cayman Islands shall also have the jurisdiction for the above purposes.
5. The Agreement shall become effective from date when the parties sign it.
Appears in 1 contract
Sources: Exclusive Option Agreement (LightInTheBox Holding Co., Ltd.)