Common use of Before Party Clause in Contracts

Before Party. A (or its designated third parties) exercises the option and acquires 100% equity or interest of Beijing Technology, and unless as approved by Party A (or its designated third parties) in writing, Beijing Technology may not: (a) sell, transfer, pledge or otherwise dispose of any asset, business or earning, or allow any other security interest to be set thereon (unless as arising during normal or daily business process or as disclosed to Party A and approved expressly in writing by Party A in advance); (b) conclude any transaction that may cause material adverse effect on its asset, liability, operation, equity interest or other legitimate rights (unless as arising during normal or daily business process or as disclosed to and approved expressly in writing by Party A in advance); (c) distribute any dividend or bonus to its shareholders by any means; (d) incur, inherit, secure for or permit the existence of any liability, except for (i) any liability arising from borrowing due to any insufficiency in normal or daily business process; or (ii) any liability as disclosed to and approved expressly in writing by Party A; (e) execute any important contracts, excluding such contracts as executed during normal business process (for the purposes of this paragraph, a contract with a value exceeding RMB150,000 shall be taken as an important contract); (f) increase or decrease the registered capital of Beijing Technology through shareholders meetings or otherwise change the structure of the registered capital; (g) make additions, changes or modifications to the Articles of Association of Beijing Technology; or (h) consolidate or associate with any other person, or acquire any person or invest in any person.

Appears in 2 contracts

Sources: Equity Disposition Agreement, Equity Disposition Agreement (NQ Mobile Inc.)