Amendment to Registration Rights Agreement between China Agri-Business, Inc. and Investors (June 12, 2009)

Contract Categories: Business Finance › Registration Rights Agreements
Summary

China Agri-Business, Inc. and certain investors have agreed to modify their existing Registration Rights Agreement. The company will only be required to make specific payments to the investors if its registration statement is not declared effective by the SEC by July 31, 2009. If the registration statement is approved by that date, the investors waive any right to those payments. All other terms of the original agreement remain unchanged.

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EX-10.6 4 v165785_ex10-6.htm Unassociated Document
Exhibit 10.6
China Agri-Business, Inc.
Finance Plaza, 9th Floor, Hi-Tech Road No. 42
Hi-Tech Industrial Development Zone, Xi-An, China 710068
 
   
June 12, 2009
  
 
Re: Registration Rights Agreement dated September 29, 2008


Reference is made to that certain Registration Rights Agreement, dated as of September 29, 2008 (the “Agreement”), by and among China Agri-Business, Inc. (the “Company”) and the investors named therein (as identified by their signatures below) (the “Investors”). Capitalized terms used herein but not otherwise defined in this letter shall have the respective meanings set forth in the Agreement.

The Company and the Investors wish to modify the Agreement, and agree as follows.

1. The Company shall be obligated to make the payments to the Investors required by Section 2(b) of the Agreement if, and only if, the Registration Statement is not declared effective by the SEC by 5:30 p.m. Eastern time on July 31, 2009 (the “Extended Deadline”).  In the event that the Registration Statement is declared effective by the SEC by the Extended Deadline, then the Investors waive any and all claims to any payments pursuant to such Section 2(b) of the Agreement.

All other terms of the Agreement, including without limitation Section 2(c) of the Agreement, shall continue in full force and effect.






[Signature pages follow]
 
 
 
 
 
Please acknowledge your acceptance of the foregoing terms by signing where indicated below.

  Very truly yours,  
     
  China Agri-Business, Inc.  
       
 
By:
/s/ Xiaolong Zhou  
  Name:  Xiaolong Zhou  
  Title: Chief Financial Officer  
       
 
 
 
 
 
 
Agreed and Accepted as of the date written above:
 
JAG MULTI-INVESTMENTS, LLC        
           
By:
/s/ Alexander M. Goren
    
 
  
Name:  
Alexander M. Goren
    
 
  
Title: 
 
    
 
  

         
/s/ Keith Guenther
    
 
  
KEITH GUENTHER