Supplementary Agreement (III) to Capital Increase Agreement of Yipeng Energy Technology Co. Ltd.
Exhibit 10.1(c)
Supplementary Agreement (III) to
Capital Increase Agreement of Yipeng Energy Technology Co. Ltd.
Party A (Current Investor): Huizhou Highpower Technology Co. Ltd.
Address: Xinhu Industrial Development Area, Ma’an Town, Huicheng District, Huizhou City, Guangdong Province
Legal Representative: Pan Dangyu
Party B (Founding Team): (the members are hereinafter referred to collectively as “Party B”)
Name: Shenzhen Jinpenglong Traffic Technology Co. Ltd.
Address: East 6H18, 6/F, Shenhua Technology Industrial Park, Meihua Road, Futian District, Shenzhen
Legal Representative: He Ping
Organization Code Certificate No.: 69712844-1
Name: He Ping
Address: No. 25, 2nd Door, Bldg. 15, No. A8, Xinwai Street, Xicheng District, Beijing
Name: Shu Jianqin
Address: Fangjiaju Street, Fangjiaju Villiage, Yingshan County, Hubei Province
Party C (Investors): (the members are hereinafter referred to collectively as “Party C”)
Name: Beijing Defengjie Fuhua Venture Investment Fund Management Center (limited partnership)
Address: Room 37, 1/F, Bldg. 23, No. 72, Qinghe Third Street, Haidian District, Beijing
Unified Social Credit Code: 91110108318078553P
Name: Qu Jingdong
Address: No. 701, 1st Door, Bldg. 18, Shangdi Digital Park, An’ning Zhuang, Haidian District, Beijing
Name: Yang Lishan
Address: Zhongguancun South Street, Haidian District, Beijing
Party D: Huizhou Yipeng Energy Technology (“Party D” or “the Target Company”)
Address: (Workshop Building B1) No. 1, Qunliao Road, Ma’an Town, Huicheng District, Huizhou
Legal Representative: He Ping
Party A, Party B, Party C and Party D are hereinafter referred to collectively as “the Parties” and individually as “one Party”.
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Whereas:
The Parties made and entered into the “Capital Increase Agreement of Yipeng Energy Technology Co. Ltd.” (hereinafter referred to as the Capital Increase Agreement) on June 30, under which Party A shall increase capital investment to Party D, and Party B and Party C are Party D’s shareholders.
IN WITNESS WHEREOF, the Parties agree as follows:
Article 1: With the unanimous agreement of all parties, the closing date of first phase investment (power battery equipment with around 45 Million RMB value, which will subject to actual amount, and 15 Million RMB in cash) will be changed from August 5th to August 10th.
Article 2: In case of any discrepancy between a document and/or an agreement signed by the Parties and this Agreement prior to signature of this Agreement, this Agreement shall prevail. The Parties have the obligation to amend the document and/or agreement signed to ensure consistency with this Agreement. In case of matters concerned in an agreement signed by the Parties and provided herein, this Agreement shall prevail. All clauses in conflict with the stipulations of this Agreement shall be invalid.
Article 3: All aspects of this Agreement shall be governed by laws of the People’s Republic of China.
Article 4: A dispute arising from the execution of this Agreement may be submitted by one Party to Huizhou Arbitration Committee for arbitration according to the current effective arbitration rules of the Committee. Arbitration shall be made in Chinese in Huizhou. The arbitral award shall be final and binding upon the Parties.
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Party A: Huizhou Highpower Technology Co. Ltd. (Seal)
Legal Representative/Authorized Representative: (Signature): /s/ Pan Dangyu
Party B: (the following members are hereinafter referred to collectively as “Party B”)
Name: Shenzhen Jinpenglong Traffic Technology Co. Ltd. (Seal)
Legal Representative/Authorized Representative: (Signature): /s/ He Ping
Name: He Ping Signature: /s/ He Ping
Name: Shu Jianqin Signature: /s/ Shu Jianqin
Party C: (the following members are hereinafter referred to collectively as “Party C”)
Name: Beijing Defengjie Fuhua Venture Investment Fund Management Center (limited partnership) (Seal)
Legal Representative/Authorized Representative: (Signature): /s/ Qu Jingdong
Name: Qu Jingdong Signature: /s/ Qu Jingdong
Name: Yang Lishan Signature: /s/ Yang Lishan
Party D: Huizhou Yipeng Energy Technology Co. Ltd. (Seal)
Legal Representative/Authorized Representative: (Signature): /s/ He Ping
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