Financial Support Agreement
Exhibit 4.78
This Financial Support Agreement (hereinafter referred to as the “Agreement”) is made and entered into by and among the following parties on December 22, 2015 in Shenzhen, the People’s Republic of China (hereinafter referred to as the “PRC”):
▇▇▇.▇▇▇ LIMITED (hereinafter referred to as “▇▇▇.▇▇▇”), a company incorporated and existing under the laws of Cayman Islands, with its address at ▇▇ ▇▇▇ ▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇-▇▇▇▇, Cayman Island;
E-Sun Sky Computer (Shenzhen) Co., Ltd. (hereinafter referred to as “E-sun Sky Computer”), a wholly foreign owned company incorporated and existing under the PRC laws, with its address at Room 3-A, Complex Building (including affiliated equipment room), Shenxianling Sports Center, Central City, Longgang District, Shenzhen;
▇▇▇▇▇ ▇▇▇, a Chinese citizen with ID Card number of ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇; and
▇▇▇▇▇ ▇▇▇▇, a Chinese citizen with ID Card number of ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.
WHEREAS
▇▇▇▇▇ ▇▇▇ and ▇▇▇▇▇ ▇▇▇▇ are shareholders of Shenzhen Tongfu Technology Co., Ltd. (a limited liability company incorporated and existing under the PRC laws, with its address at ▇▇. ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, Futian Street, Futian District, Shenzhen, hereinafter referred to as “Tongfu Technology”);
E-sun Sky Computer is a wholly owned subsidiary of ▇▇▇.▇▇▇ in the PRC;
The Parties hereby confirm the finance and other matters of Tongfu Technology as follows:
▇▇▇.▇▇▇ confirms and undertakes that, from the date of this Agreement (hereinafter referred to as the “Effective Date”), when needed by Tongfu Technology, ▇▇▇.▇▇▇ agrees to unconditionally provide financial support (hereinafter referred to as “Financial Support”) to ▇▇▇▇▇ ▇▇▇ and ▇▇▇▇▇ ▇▇▇▇ by itself or through E-sun Sky Computer in the way permitted by PRC laws and regulations. ▇▇▇▇▇ ▇▇▇ and ▇▇▇▇▇ ▇▇▇▇ agree to accept such Financial Support in the way permitted by PRC laws and regulations, and undertake to unconditionally use such Financial Support they receive to fund Tongfu Technology so as to support the operation and development of Tongfu Technology.
To the extent permitted by PRC laws and regulations and other applicable laws, at the request of Tongfu Technology, ▇▇▇.▇▇▇ agrees to instruct ▇▇▇▇▇ ▇▇▇ and ▇▇▇▇▇ ▇▇▇▇ to release Tongfu Technology from the obligation of repayment of such Financial Support; if ▇▇▇▇▇ ▇▇▇ and ▇▇▇▇▇ ▇▇▇▇ release Tongfu Technology from the obligation of repayment of the Financial Support under the instruction of ▇▇▇.▇▇▇, then ▇▇▇.▇▇▇ agrees to release ▇▇▇▇▇ ▇▇▇ and ▇▇▇▇▇ ▇▇▇▇ from the obligation of repayment of the Financial Support correspondingly by itself or instructing E-sun Sky Computer to do so.
Where ▇▇▇.▇▇▇ provides financial support to Tongfu Technology by itself or through E-sun Sky Computer, the specific provisions shall be otherwise negotiated and solved by the Parties hereto.
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[This is the signature page of the Financial Support Agreement.]
IN WITNESS WHEREOF, this Agreement has been executed by the Parties on the date first written above.
▇▇▇.▇▇▇ Limited
By: /s/ Pan Zhengming
Name: Pan Zhengming
Title: CEO
E-Sun Sky Computer (Shenzhen) Co., Ltd.
By: /s/ ▇▇ ▇▇
Name: ▇▇ ▇▇
Title: Legal Representative
▇▇▇▇▇ ▇▇▇
By: /s/ ▇▇▇▇▇ ▇▇▇
▇▇▇▇▇ ▇▇▇▇
By: /s/ ▇▇▇▇▇ ▇▇▇▇