Supplemental AgreementCapital Increasing Agreement • May 5th, 2016 • Shanghai Phicomm Communication Co., Ltd. • Communications equipment, nec
Party A: Chongqing Liangjiang New Area Strategic Emerging Industries Equity Investment Fund Partnership (Limited Liability Partnership)
Capital Increase and Share Subscription Agreement by and among Chongqing Liangjiang New Area Strategic Emerging Industries Equity Investment Fund Partnership (Limited Liability Partnership) Shanghai Phicomm Communication Co., Ltd Phicomm Technology...Shanghai Phicomm Communication Co., Ltd. • December 14th, 2015 • Communications equipment, nec
This Capital Increase and Share Subscription Agreement is made and entered into as of December 2, 2015 in Chongqing, China, by and among:
THE SMART SOHO INTERNATIONAL LIMITED P.O. BOX 309 Uganda House Grand Cayman KY1-1104 Cayman Islands PHICOMM TECHNOLOGY(HONG KONG) CO., LIMITED Suite 1205-6, ICBC Tower Citibank Plaza 3 Garden Road Central, Hong KongShanghai Phicomm Communication Co., Ltd. • May 5th, 2016 • Communications equipment, nec
We refer to the Purchase and Sale Agreement among yourselves, the “Lu Sellers,” and the undersigned dated as of November 4, 2015, and amended by a First Amendment dated December 4, 2015, a Second Amendment dated December 16, 2015 and a Third Amendment dated January 8, 2016 (as so amended, the “Purchase Agreement”). Capitalized terms used in this letter shall have the meanings assigned to them by the Purchase Agreement.
THE SMART SOHO INTERNATIONAL LIMITED Ugland House Grand Cayman, KY1-1104 Cayman Islands January 8, 2016Letter Agreement • January 19th, 2016 • Shanghai Phicomm Communication Co., Ltd. • Communications equipment, nec • New York
We refer to the Purchase and Sale Agreement among us dated as of November 4, 2015, as amended by the letter agreement dated December 4, 2015 (the “First Amendment”) and by the letter agreement dated December 16, 2015 (the “Second Amendment” and, as so amended, the “Agreement”). This letter agreement (this “Third Amendment”) sets forth our agreement with respect the further amendment of certain provisions of the Agreement and the waiver of the satisfaction of certain conditions to the respective obligations of the parties. Capitalized terms used in this Third Amendment without definitions have the respective meanings assigned to them in the Agreement.
THE SMART SOHO INTERNATIONAL LIMITED Ugland House Grand Cayman, KY1-1104 Cayman Islands September 2, 2016Letter Agreement • September 7th, 2016 • Shanghai Phicomm Communication Co., Ltd. • Communications equipment, nec • New York
We refer to the Purchase and Sale Agreement among us dated as of November 4, 2015, as amended by the letter agreement dated December 4, 2015 (the “First Amendment”), by the letter agreement dated December 16, 2015 (the “Second Amendment”), by the letter agreement dated January 8, 2016 (the “Third Amendment”) and by the letter agreement dated June 30, 2016 (the “Fourth Amendment” and, as so amended, the “Agreement”). This letter agreement (this “Fifth Amendment”) sets forth our agreement with respect the further amendment of certain provisions of the Agreement and the waiver of the satisfaction of certain conditions to the respective obligations of the parties. Capitalized terms used in this Fifth Amendment without definitions specified herein have the respective meanings assigned to them in the Agreement.
Equity Charge AgreementEquity Charge Agreement • May 5th, 2016 • Shanghai Phicomm Communication Co., Ltd. • Communications equipment, nec • Hong Kong
Party A: Chongqing Liangjiang New Area Strategic Emerging Industries Equity Investment Fund Partnership (Limited Liability Partnership)
LETTER OF GUARANTEELetter of Guarantee • December 14th, 2015 • Shanghai Phicomm Communication Co., Ltd. • Communications equipment, nec
WHEREAS, The Smart Soho International Limited (“Smart Soho”) entered into a Purchase and Sale Agreement (the “Agreement”) with Shah Capital Management, Inc., Shah Capital Opportunity Fund LP, Hong Liang Lu, Lu Charitable Remainder Trust, Lu Family Trust and The Lu Family Limited Partnership (collectively, the “Sellers”) on November 4, 2015, setting out certain terms of a transaction for the sale of 11,739,932 Ordinary Shares held by the Sellers to Smart Soho.
THE SMART SOHO INTERNATIONAL LIMITED Ugland House Grand Cayman, KY1-1104 Cayman Islands June 30, 2016Letter Agreement • July 6th, 2016 • Shanghai Phicomm Communication Co., Ltd. • Communications equipment, nec • New York
We refer to the Purchase and Sale Agreement among us dated as of November 4, 2015, as amended by the letter agreement dated December 4, 2015 (the “First Amendment”), by the letter agreement dated December 16, 2015 (the “Second Amendment”) and by the letter agreement dated January 8, 2016 (the “Third Amendment” and, as so amended, the “Agreement”). This letter agreement (this “Fourth Amendment”) sets forth our agreement with respect the further amendment of certain provisions of the Agreement and the waiver of the satisfaction of certain conditions to the respective obligations of the parties. Capitalized terms used in this Fourth Amendment without definitions specified herein have the respective meanings assigned to them in the Agreement.
JOINT FILING AGREEMENTJoint Filing Agreement • June 9th, 2017 • Shanghai Phicomm Communication Co., Ltd. • Communications equipment, nec
In accordance with Rule 13d-1(k) under the Securities Exchange Act of 1934, as amended, the undersigned agree to the joint filing on behalf of each of them of a statement on Schedule 13D (including amendments thereto) with respect to the Ordinary Shares of UTStarcom Holdings Corp. and further agree that this Joint Filing Agreement shall be included as an exhibit to such joint filings.
JOINT FILING AGREEMENTJoint Filing Agreement • December 14th, 2015 • Shanghai Phicomm Communication Co., Ltd. • Communications equipment, nec
In accordance with Rule 13d-1(k) under the Securities Exchange Act of 1934, as amended, the undersigned agree to the joint filing on behalf of each of them of a statement on Schedule 13D (including amendments thereto) with respect to the Ordinary Shares of UTStarcom Holdings Corp. and further agree that this Joint Filing Agreement shall be included as an exhibit to such joint filings.
THE SMART SOHO INTERNATIONAL LIMITED Ugland House Grand Cayman, KY1-1104 Cayman Islands December 16, 2015Letter Agreement • December 22nd, 2015 • Shanghai Phicomm Communication Co., Ltd. • Communications equipment, nec • New York
We refer to the Purchase and Sale Agreement among us dated as of November 4, 2015, as amended by the letter agreement dated December 4, 2015 (the “First Amendment” and, as so amended, the “Agreement”). This letter agreement (the “Second Amendment”) sets forth our agreement with respect the further amendment of certain provisions of the Agreement and the waiver of the satisfaction of certain conditions to the respective obligations of the parties. Capitalized terms used in this Second Amendment without definitions have the respective meanings assigned to them in the Agreement.
