LOAN CONTRACT
Exhibit 4.23
English Translation for Reference
English Translation for Reference
Party A (Lender): Agria Brother Biotech (Shenzhen) Co., Ltd.
Address: Xxxx 000, 0/X, Xxxxxxxx Xxxxxxxx, Xxxxx Water River Road, Luohu District, Shenzhen
Party B (Borrower): Xx Xxxx with ID card number: 420983197609010023
Party A and Party B have reached the following agreement in respect of the provision of a loan by
Party A to Party B after friendly consultation:
1. | Loan Amount: Party A shall lend to Party B a loan of Renminbi Five Million And One Hundred
Thousand (¥ 5,100,000). |
2. | Time for Loan Payment: Party A will pay the above loan to Party B within five working days
after this Contract becomes effective. |
3. | Term: The loan shall be for a term of three years from the date on which Party A makes the
loan payment, and may be extended upon its expiry after mutual consultation. |
4. | Use of the Loan: Party B undertakes that the loan will be used for investment only, and shall
be in compliance with the relevant laws and regulations. Otherwise, Party A shall have the
right to discharge this Loan Contract unilaterally and request Party B to assume the
liabilities for breach of contract. |
5. | Equity Pledge: All equity interests owned or proposed to be owned by Party B in Shenzhen
Guanli Agricultural Technology Co., Ltd. shall be pledged as security. Please see the Equity
Pledge Contract for details. |
6. | Liabilities for Breach of Contract: If a party violates this Contract, the other party shall
have the right to discharge it and request the defaulting party to make compensation for any
loss arising therefrom. |
7. | Termination of this Contract: After the termination or discharge of this Contract, Party B
shall return the loan to Party A within five working days. In the event of any late return,
Party B shall pay to Party A any interest accrued thereon at a loan interest rate stipulated
by banks for the corresponding period. |
8. | Dispute Resolution: Any disputes arisen during the performance of this Contract shall be
resolved by the parties through consultation. In the event that no agreement can be reached
through consultation, such dispute shall be referred to China International Economic and Trade
Arbitration Commission for arbitration. The seat of arbitration shall be Shenzhen. The
arbitral award shall be final and binding upon the parties. |
9. | If any provision of this Contract becomes invalid, it shall not affect the validity of the
other provisions hereof. |
10. | This Contract is executed in two originals and each of the parties shall keep one original.
All of them shall have the same legal effect. |
11. | This Contract shall become effective after it is signed and sealed by Party A and signed by
Party B. |
Party A: Agria Brother Biotech (Shenzhen) Co., Ltd.
[Chop of Agria Brother Biotech (Shenzhen) Co., Ltd. is affixed]
/s/
Party B: Xx Xxxx /s/ Xx Xxxx
Date of execution: October 6, 2008