MOKO SOCIAL MEDIA LIMITED AND THE BANK OF NEW YORK MELLON As Depositary AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY SHARES Amended and Restated Deposit Agreement Dated as of _______, 2014Deposit Agreement • May 19th, 2014 • Moko Social Media LTD • Services-computer programming, data processing, etc. • New York
AMENDED AND RESTATED DEPOSIT AGREEMENT dated as of _______, 2014 among MOKO SOCIAL MEDIA LIMITED (formerly known as MOKO.mobi Limited), a company incorporated under the laws of the Commonwealth of Australia (herein called the Company), THE BANK OF NEW YORK MELLON, a New York banking corporation (herein called the Depositary), and all Owners and Holders from time to time of American Depositary Shares issued hereunder.
Ÿ ] Ordinary Shares represented by American Depositary Shares1 MOKO Social Media Limited PURCHASE AGREEMENTPurchase Agreement • May 19th, 2014 • Moko Social Media LTD • Services-computer programming, data processing, etc. • New York
The ADSs are to be issued pursuant to an amended and restated deposit agreement (the “Deposit Agreement”), dated as of [ Ÿ ], 2014 among the Company, The Bank of New York Mellon, as depositary (the “Depositary”), and holders from time to time of the ADRs issued by the Depositary and evidencing the ADSs. The Ordinary Shares represented by the ADSs are referred to herein as the “Underlying Shares.”
April 30, 2014 Delivered by Electronic Mail Dear Mr. Ian Leopold:Clarification Agreement • May 19th, 2014 • Moko Social Media LTD • Services-computer programming, data processing, etc.
This Clarification Agreement (this “Agreement”), dated April 30, 2014, is to the letter agreement, dated as of March 4, 2013 (the “Original Agreement”), by and between American Intramural Sports Group LLC (“AISG”) and Moko Social Media Limited (f/k/a MOKO.mobi Limited)(“MOKO”).
