0001193125-20-212871 Sample Contracts

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Loan Agreement Between He Xiaopeng, Xia Heng And Guangzhou Xiaopeng Zhihui Chuxing Technology Co., Ltd. May 28, 2018
Loan Agreement • August 7th, 2020 • Xpeng Inc. • Motor vehicles & passenger car bodies

Registered address: Room 101, No. 8 Songgang Street, Cen Village, Changxing Avenue, Tianhe District, Guangzhou (voluntary declaration).

Xiaopeng Brand Vehicle Cooperative Manufacturing Agreement
Xpeng Inc. • August 7th, 2020 • Motor vehicles & passenger car bodies

Party A and Party B have their own advantageous resources in the research and development, production, sale, and service of new energy vehicles, and are highly complementary, which will greatly promote the development of both parties.

Exclusive Service Agreement Between Guangzhou Yidian Zhihui Chuxing Technology Co., Ltd. And Guangzhou Xiaopeng Zhihui Chuxing Technology Co., Ltd. May 28, 2018
Exclusive Service Agreement • August 7th, 2020 • Xpeng Inc. • Motor vehicles & passenger car bodies

Whereas, Party A is a limited liability company established in Guangzhou and validly existing according to law, the business scope of which is “computer technology development, technical services; car leasing; computer technology transfer services; road cargo transportation agency; logistics agency services; software wholesale; software retail; software development; software services; software testing services; software technology promotion services; data processing and storage services; design of data processing and storage product; corporate management services (except for the business projects subject to license); corporate management consulting services; marketing planning services; conference and exhibition services; advertising industry; online goods sales (except the goods subject to license and approval); online goods retail (except the goods subject to license and approval); computer network system engineering services; network technology research and development; network info

Amendment to the Loan Agreement
Loan Agreement • August 7th, 2020 • Xpeng Inc. • Motor vehicles & passenger car bodies

Party A, Party B, and Party C, based on the principles of quality and mutual benefits, enter into this Amendment at their free will through consultation, and make the following amendments to the Loan Agreement signed concerning XPeng smart electric vehicle project (the “Project”) between Party A and Party B on May 27, 2017:

FOURTH AMENDED AND RESTATED SHAREHOLDERS AGREEMENT OF XPENG INC. June 28, 2020
Shareholders Agreement • August 7th, 2020 • Xpeng Inc. • Motor vehicles & passenger car bodies • New York

THIS FOURTH AMENDED AND RESTATED SHAREHOLDERS AGREEMENT (as may be amended, supplemented, modified or varied from time to time in accordance with the terms herein, this “Agreement”) is made and entered into as of June 28, 2020 by and among:

Loan Agreement
Loan Agreement • August 7th, 2020 • Xpeng Inc. • Motor vehicles & passenger car bodies

In order to cultivate the hundred-billion-worth industrial cluster of electric vehicles, in accordance with relevant national and local laws and ordinances, based on the Investment Agreement of XPeng Motors Electric Vehicle Project (the “Investment Agreement”) signed by the People’s Government of Zhaoqing City, Administration Committee of Zhaoqing High-Tech Industry Development Zone and Guangzhou Chengxing Zhidong Automotive Technology Co., Ltd., Party A and Party B, through friendly consultation and following the principles of equality, free will and compensation, enter into the following loan agreement concerning Party B’s investment and construction of XPeng electric vehicle project (the “Project”) in Zhaoqing High-Tech Industry Development Zone:

Exclusive Service Agreement Between Guangzhou Zhipeng IoV Technology Co., Ltd. And Guangzhou Xiaopeng Motors Technology Co., Ltd. May 28, 2018
Exclusive Service Agreement • August 7th, 2020 • Xpeng Inc. • Motor vehicles & passenger car bodies

Whereas, Party A is a limited liability company established in Guangzhou and validly existing according to law, the business scope of which is “technical research and development of vehicle engineering; new material technology transfer services; energy-saving technology transfer services; computer technology transfer services; IT consulting services; goods information consulting services; business consulting services; scientific and technological information consulting services; logistics agency service; computer network system engineering services; computer wholesale; computer parts wholesale; computer retail; computer parts retail; computer technology development, technical service; research and development of computer hardware; software wholesale; software retail; software development; software services; software technology promotion services; goods wholesale trade (except the goods subject to license and approval); online goods sales (except the goods subject to license and approva

Xiaopeng Brand Vehicle Distribution Agreement
Brand Vehicle Distribution Agreement • August 7th, 2020 • Xpeng Inc. • Motor vehicles & passenger car bodies

In accordance with the Xiaopeng Brand Vehicle Cooperative Manufacturing Agreement entered into between Party A and Party B, Party B is the general distributor of Party A’s XPeng Motor products (the “Products”) and Party A authorizes Party B to act as the general distributor of the Products.

SUPPLEMENTAL AGREEMENT TO THE FOURTH AMENDED AND RESTATED SHAREHOLDERS AGREEMENT
Supplemental Agreement • August 7th, 2020 • Xpeng Inc. • Motor vehicles & passenger car bodies

WHEREAS, the undersigned are parties to that certain Fourth Amended and Restated Shareholders Agreement of XPeng Inc., an exempted company incorporated with limited liability under the Laws of the Cayman Islands with the company number 346382 (the “Company”), dated as of June 28, 2020 (as may be amended, supplemented, modified or varied from time to time in accordance with the terms thereof, the “Shareholders Agreement”);

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