Common use of NDRC Clause in Contracts

NDRC. The Company (through a PRC Subsidiary) obtained an enterprise foreign debt registration certificate dated January 21, 2019 with a validity period of one year (the “Registration Certificate”) from the National Development and Reform Commission (“NDRC”). Such registration has not been withdrawn and is not subject to any condition which has not been fulfilled or performed, except for the filing by such PRC Subsidiary with NDRC of the requisite information and documents in relation to the issue and sale of the 2022 Convertible Note within ten (10) business days in the PRC after the date of issuance of the 2022 Convertible Note in accordance with the Circular on Promoting the Reform of the Administrative System on the Issuance by Enterprises of Foreign Debt Filings and Registrations (国家发展改革委关于推进企业发行外债备案登记制管理改革的通知(发改外资[2015]2044 号)) (the “NDRC Circular”).

NDRC. The Company (through a PRC Subsidiary) obtained an enterprise foreign debt registration certificate dated January 21, 2019 with a validity period of one year (the “Registration Certificate”) from the National Development and Reform Commission (“NDRC”). Such registration has not been withdrawn and is not subject to any condition which has not been fulfilled or performed, except for the filing by such PRC Subsidiary with NDRC of the requisite information and documents in relation to the issue and sale of the 2022 Convertible Note within ten (10) business days in the PRC after the date of issuance of the 2022 Convertible Note in accordance with the Circular on Promoting the Reform of the Administrative System on the Issuance by Enterprises of Foreign Debt Filings and Registrations (国家发展改革委关于推进企业发行外债备案登记制管理改革的通知(发改外资[2015]2044 号国家发展改革委关于推进企业发行外债备案登记制管理改革的通知(发改外资[2015]2044号)) (the “NDRC Circular”).