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Mercurity Fintech Holding Inc. – ‘20-F’ for 12/31/19 – ‘EX-4.13’

On:  Friday, 6/12/20, at 4:03pm ET   ·   For:  12/31/19   ·   Accession #:  1104659-20-72895   ·   File #:  1-36896

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  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 6/12/20  Mercurity Fintech Holding Inc.    20-F       12/31/19  103:10M                                    Toppan Merrill/FA

Annual Report by a Foreign Non-Canadian Issuer   —   Form 20-F   —   Sect. 13 / 15(d) – SEA’34
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 20-F        Annual Report by a Foreign Non-Canadian Issuer      HTML   1.03M 
 2: EX-1.1      Underwriting Agreement                              HTML    320K 
 3: EX-2.3      Plan of Acquisition, Reorganization, Arrangement,   HTML    116K 
                Liquidation or Succession                                        
 6: EX-4.10     Instrument Defining the Rights of Security Holders  HTML     29K 
 7: EX-4.11     Instrument Defining the Rights of Security Holders  HTML     29K 
 8: EX-4.12     Instrument Defining the Rights of Security Holders  HTML     30K 
 9: EX-4.13     Instrument Defining the Rights of Security Holders  HTML     73K 
10: EX-4.14     Instrument Defining the Rights of Security Holders  HTML     89K 
11: EX-4.15     Instrument Defining the Rights of Security Holders  HTML     78K 
12: EX-4.16     Instrument Defining the Rights of Security Holders  HTML     29K 
13: EX-4.17     Instrument Defining the Rights of Security Holders  HTML    132K 
14: EX-4.18     Instrument Defining the Rights of Security Holders  HTML    103K 
15: EX-4.19     Instrument Defining the Rights of Security Holders  HTML    193K 
16: EX-4.20     Instrument Defining the Rights of Security Holders  HTML    226K 
 4: EX-4.8      Instrument Defining the Rights of Security Holders  HTML     81K 
 5: EX-4.9      Instrument Defining the Rights of Security Holders  HTML     30K 
17: EX-8.1      Opinion of Counsel re: Tax Matters                  HTML     27K 
20: EX-13.1     Annual or Quarterly Report to Security Holders      HTML     28K 
21: EX-13.2     Annual or Quarterly Report to Security Holders      HTML     28K 
18: EX-12.1     Statement re: Computation of Ratios                 HTML     33K 
19: EX-12.2     Statement re: Computation of Ratios                 HTML     33K 
22: EX-15.1     Letter re: Unaudited Interim Financial Info         HTML     28K 
23: EX-15.2     Letter re: Unaudited Interim Financial Info         HTML     27K 
24: EX-15.3     Letter re: Unaudited Interim Financial Info         HTML     28K 
25: EX-15.4     Letter re: Unaudited Interim Financial Info         HTML     27K 
100: R1          Document and Entity Information                     HTML     68K  
53: R2          Consolidated Balance Sheets                         HTML    124K 
43: R3          Consolidated Balance Sheets (Parenthetical)         HTML     48K 
71: R4          Consolidated Statements of Operations               HTML    122K 
97: R5          Consolidated Statements of Comprehensive Loss       HTML     40K 
50: R6          Consolidated Statements of Comprehensive Loss       HTML     30K 
                (Parenthetical)                                                  
40: R7          Consolidated Statements of Changes in               HTML     78K 
                Shareholders' Equity                                             
74: R8          Consolidated Statements of Cash Flows               HTML    108K 
95: R9          Organization and Principal Activities               HTML    130K 
78: R10         Summary of Significant Accounting Policies          HTML     77K 
87: R11         Concentration of Risk                               HTML     34K 
63: R12         Business Acquisition                                HTML     59K 
35: R13         Discontinued Operations                             HTML    303K 
79: R14         Accounts Receivable, Net                            HTML     39K 
88: R15         Prepaid Expenses and Other Current Assets, Net      HTML     50K 
64: R16         Intangible Assets, Net                              HTML     52K 
36: R17         Goodwill                                            HTML     39K 
80: R18         Accrued Expenses and Other Current Liabilities      HTML     51K 
86: R19         Income Taxes                                        HTML     69K 
58: R20         Ordinary Shares                                     HTML     35K 
47: R21         Fair Value Measurement                              HTML     33K 
76: R22         Share Based Compensation                            HTML    159K 
101: R23         Net Loss Per Share                                  HTML    100K  
59: R24         Related Party Balances and Transactions             HTML     41K 
48: R25         Commitments and Contingencies                       HTML     37K 
77: R26         Mainland China Contribution Plan                    HTML     30K 
102: R27         Statutory Reserves and Restricted Net Assets        HTML     34K  
57: R28         Subsequent Events                                   HTML     36K 
49: R29         Summary of Significant Accounting Policies          HTML    131K 
                (Policies)                                                       
34: R30         Organization and Principal Activities (Tables)      HTML     97K 
61: R31         Business Acquisition (Tables)                       HTML     59K 
90: R32         Discontinued Operations (Tables)                    HTML    214K 
82: R33         Accounts Receivable, Net (Tables)                   HTML     39K 
33: R34         Prepaid Expenses and Other Current Assets, Net      HTML     51K 
                (Tables)                                                         
60: R35         Intangible Assets, Net (Tables)                     HTML     52K 
89: R36         Goodwill (Tables)                                   HTML     38K 
81: R37         Accrued Expenses and Other Current Liabilities      HTML     50K 
                (Tables)                                                         
32: R38         Income Taxes (Tables)                               HTML     60K 
62: R39         Share Based Compensation (Tables)                   HTML    113K 
46: R40         Net Loss Per Share (Tables)                         HTML    100K 
55: R41         Related Party Balances and Transactions (Tables)    HTML     42K 
94: R42         Commitments and Contingencies (Tables)              HTML     35K 
70: R43         ORGANIZATION AND PRINCIPAL ACTIVITIES - Additional  HTML     44K 
                Information (Details)                                            
45: R44         Organization and Principal Activities (Details)     HTML     41K 
54: R45         Organization and Principal Activities - Financial   HTML     84K 
                statement balances and amounts of the VIE and                    
                VIE's subsidiaries (Details)                                     
93: R46         SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES -        HTML     45K 
                Additional information (Details)                                 
69: R47         CONCENTRATION OF RISK - Additional information      HTML     29K 
                (Details)                                                        
44: R48         BUSINESS ACQUISITION - Allocation of purchase       HTML     45K 
                price of the acquisition (Details)                               
56: R49         BUSINESS ACQUISITION - Unaudited pro forma          HTML     39K 
                information (Details)                                            
67: R50         BUSINESS ACQUISITION - Additional information       HTML     34K 
                (Details)                                                        
37: R51         DISCONTINUED OPERATIONS - Financial results of      HTML    163K 
                food supply chain entities (Details)                             
83: R52         DISCONTINUED OPERATIONS - Balances due from/to      HTML    145K 
                related parties (Details)                                        
91: R53         Accounts Receivable, Net (Details)                  HTML     36K 
68: R54         Prepaid Expenses and Other Current Assets, Net      HTML     41K 
                (Details)                                                        
38: R55         Intangible Assets, Net (Details)                    HTML     34K 
84: R56         Intangible Assets, Net - Movement of acquired       HTML     45K 
                intangible assets (Details)                                      
92: R57         GOODWILL - Changes in Goodwill (Details)            HTML     36K 
66: R58         Accrued Expenses and Other Current Liabilities      HTML     40K 
                (Details)                                                        
39: R59         Income Taxes (Details)                              HTML     72K 
72: R60         Ordinary Shares (Details)                           HTML    113K 
98: R61         Fair Value Measurement (Details)                    HTML     36K 
51: R62         Share Based Compensation (Details)                  HTML    107K 
41: R63         Share Based Compensation - Additional information   HTML    164K 
                (Details)                                                        
73: R64         Net Loss Per Share (Details)                        HTML     92K 
99: R65         Related Party Balances and Transactions -           HTML     34K 
                (Details)                                                        
52: R66         Commitments and Contingencies (Details)             HTML     36K 
42: R67         Mainland China Contribution Plan (Details)          HTML     30K 
75: R68         Statutory Reserves and Restricted Net Assets        HTML     38K 
                (Details)                                                        
96: R69         Subsequent Events (Details)                         HTML     53K 
103: XML         IDEA XML File -- Filing Summary                      XML    155K  
65: EXCEL       IDEA Workbook of Financial Reports                  XLSX    102K 
26: EX-101.INS  XBRL Instance -- mfh-20191231                        XML   2.53M 
28: EX-101.CAL  XBRL Calculations -- mfh-20191231_cal                XML    140K 
29: EX-101.DEF  XBRL Definitions -- mfh-20191231_def                 XML    588K 
30: EX-101.LAB  XBRL Labels -- mfh-20191231_lab                      XML   1.26M 
31: EX-101.PRE  XBRL Presentations -- mfh-20191231_pre               XML    994K 
27: EX-101.SCH  XBRL Schema -- mfh-20191231                          XSD    201K 
85: ZIP         XBRL Zipped Folder -- 0001104659-20-072895-xbrl      Zip    188K 


‘EX-4.13’   —   Instrument Defining the Rights of Security Holders


This Exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



 

Exhibit 4.13

 

BUSINESS OPERATION AGREEMENT

 

This Business Operation Agreement (this "Agreement") was concluded in Beijing, the People's Republic of China (the "PRC") on March 2, 2020, by and between the following Parties:

 

(1)PARTY A: Beijing Kuali Yitong Technology Co., Ltd.

Address: Room 3028, Floor 3, No. 18, Shangdi Xinxi Road, Haidian District, Beijing

Legal Representative: Kaiming Hu

 

(2) PARTY B: Beijing Lianji Future Technology Co., Ltd.

Address: No. 2-004, 2/F, No.11 Wan Liu Zhong Road, Haidian District, Beijing

Legal representative: Longming Wu

 

(Individually a “Party”, and collectively the “Parties”)

 

WHEREAS:

i.Party B is a limited liability company legally registered in the PRC and is approved by relevant governmental authorities to engage in the business of providing technology development, technology promotion, technology transfer, technology consulting, technical service; (Company can run the business with their own choose; run the businesses after getting permission from related departments if those business need approval ; not allowed to run those prohibited items by municipal regulators or industrial requirement ). "("main business");
ii.Party A is a foreign-owned enterprise legally incorporated in the PRC, equipped with technical expertise and practical experience in technology development, technical consulting, technology transfer, technology promotion, and technical services; computer system services, and abundant experience and professionals in information technology and services;
iii.Party A hopes to entrust Party B to provide technology development and technology application services related to the main business of Party A;

 

THEREFORE, through friendly negotiation in the principle of equality and common interest, the Parties hereby jointly agree to abide by the following:

 

A.Deifinition

In this agreement, unless otherwise specified, the following words shall refer to the following meanings:

i."Main business" has the meaning stipulated in this agreement in view of the terms.
ii."Facility System" means the hardware equipment and software system purchased by Party A or Party B for main business, including but not limited to servers, computers, and application softwares.
iii."Technical development" refers to various technical development services necessary for the main business provided by Party B to Party A in accordance with this Agreement.
iv."Technical application" refers to the technical application services provided by Party B to Party A required by the main business operation according to this agreement, including the development of various application software for the operation and management platform of the main business operated by Party A.

 

 C: 

 

 

 

v."Service fee" refers that according to this Agreement, Party B shall provide Party A with the technical development and application services listed in Article 3 of this Agreement. Party A therefore pays Party B the fees listed in Article 5.1 of the Agreement accordingly.
vi.“The term of cooperation” refers to the period from the date of signing this agreement to the end of the term of operation of Party B, and the period during which both Parties may confirm in writing the early termination.
vii."Prudential industry practice" refers that enterprises engaged in same or similar business as Party B, in accordance with the generally accepted standards (which may be modified from time to time) for the operation, maintenance and management of the facility system, within the limits of safety, efficiency, economy, reliability and recommendations of the relevant manufacturer.

 

B.Entrustment
i.Party A hereby appoints Party B as the sole provider of its technology development and technology application services, and Party B accepts Party A's entrustment and agrees to provide Party A with technology development and technology application services in accordance with the terms and conditions of the agreement.

 

C. Scope of technology development and technology application services

i.During the period of cooperation, Party B shall provide Party A with the following technical development services faithfully and efficienly:
a)to provide planning, program development, involvement, testing, etc. , related to the main business;
ii.During the period of cooperation, Party B shall provide Party A with the following technical application services faithfully and efficiently:
a)Party B shall develop the operation and management platform of the main business for Party A according to the demands of Party A's operation;
b)Party B shall guarantee that Party A may purchase any software products owned by Party B related to the operation and management of the main business according to its own demands;
c)Party B shall regularly upgrade and develop the main business operation and management platform sold to Party A according to Party A's demands.
iii.In addition to the services listed in paragraphs C(i). and C(ii.) above, the services provided by Party B to Party A under this Agreement also include other technical development and technical support services provided at the request of Party A.

 

D.   Appointment

i.In order to enable Party B to provide technology development and technology application services more efficiently, Party A irrevocably appoints Party B (and any of its trustee or re-trustee) as its agent, and Party B may represent Party A and in the name of Party A or otherwise (as determined by the agent):
a)the signing of relevant documents with third Parties (including but not limited to suppliers and customers);
b)Settle any item which Party A is obliged to do under this Agreement but has not done; and
c)Sign all necessary documents and settle all necessary items so that Party B can fully exercise all or any rights granted under this Agreement.
ii.If necessary, Party A will issue an independent power of attorney to Party B at any time at the request of Party B on a certain item.
iii.Party A will subsequently endorse and ratify any item settled or intended to be settled by the agent in accordance with the terms of this Article.

 

 C: 

 

 

 

E. Payment and settlement of service charges

i.As Party B provides Party A with technical development and technical application services, Party A shall pay Party B the service fee based on the number of people and days of Party B's actual input, and taking into account the type, kind, difficulty, value and other factors of the technical development or application services provided by Party B, referring to the market price, which shall be calculated by both Parties a nd paid on an annual basis.

Both Parties agree that Party B reserves the right to adjust the above fees. If Party B determines to adjust the above fees, Party A shall be notified in writing.

ii.Party B shall summarize the service expenses according to the year, and within 30 days from the beginning of each year, issue the service expenses of the previous year to Party A and notify Party A. Party A shall pay to the bank account designated by Party B within 30 days after Party B has issued the above notice in accordance with the amount of service expenses contained in the notice. Party A shall adjust the time and method of payment of service expenses at any time according to Party B's specific requirements.
iii.If Party A delays the payment of any amount payable under this Agreement, it must pay Party B liquidated damages for overdue payment in accordance with the provisions of this Agreement. The liquidated damages for overdue payment shall be calculated according to 4/10000 of the amount of overdue payment per day and calculated on a daily basis; from the date of amount payable until Party B receives all the payments (even liquidated damages).

 

F.    Commitment of Party A

Party A agrees and covenants that within the cooperation period:

i.Party A shall, in accordance with Party B's reasonable request from time to time, allow Party B or its designated person to access and obtain financial reports, financial statements and other information about Party A's financial information, business and operating conditions;
ii.Party A shall, at the request of Party B, provide Party B with all materials and information necessary for Party B to provide the services described in this Agreement, and guarantee the authenticity and accuracy of such materials and information;
iii.Party A shall, at its own expense, obtain all government approvals, permits and licenses related to the main business and other related business, and maintain their full validity;
iv.If Party A is informed of any breach of contract, Party B shall be informed promptly and be provided with details of any measures Party A is taking or plans to take to remedy or mitigate the consequences of the incident and to protect Party B's rights and interests under this Agreement;
v.Party A shall comply with and abide by the terms and conditions of this Agreement within the cooperation period; and, Party A will not induce or permit the operation of the main business in any manner violating the Chinese laws or regulations;
vi.Party A shall pay and settle up all due debts, damages, or facilitate the settlement or payment of such debts;
vii.Party A shall promptly pay any registration fees, taxes, fines, penaties or its interest in accordance with the law;
viii.Party A shall promptly provide Party B with all agreements related to the operation of the main business that Party B may reasonably request from time to time, and keep relevant accurate, complete and up-to-date records;
ix.Unless approved by the board of directors of Party B and agreed in writing, Party A shall not employ a third Party to provide with any of the services under this Agreement in whole or in part.

 

 C: 

 

 

 

G.   Commitment of Party B

Party B agrees and covenants that within the cooperation period:

i.Party B shall obtain all government approvals, permits and licenses required for technology development and technology application services, and maintain their full validity;
ii.If Party B is informed of any breach of contract, it shall promptly notify Party A and provide Party A with details of any measures Party B is taking or plans to take to remedy or mitigate the consequences of the incident and to protect Party A's rights and interests under this Agreement;
iii.Party B shall comply with and abide by the terms and conditions stipulated in this Agreement during the term of the Agreement; and, Party B shall not provide technology development and technology application services in any manner violating Chinese laws or regulations;
iv.Party B shall employ sufficient and qualified employees to fulfill its obligation to provide technology development and technology application services under this Agreement. Party B shall ensure that the personnel employed by Party B provide services to Party A loyally and efficiently;
v.Party B shall, in accordance with prudent industry practice, formulate specific regulations for management technology development and technology application services. Party B shall also establish, record and store data and archives of its outsourced management technology development and technology application services in accordance with prudent industry practices;
vi.Party B shall establish and preserve accurate, complete and up-to-date records of technology development and technology application services.

 

H.   Taxes

i.The Parties agree that any tax due by each Party for the performance of this Agreement shall be paid by that Party in accordance with the relevant laws and regulations in China.
ii.The Parties will pay their respective costs related to this Agreement.

 

I.     Representations and Warranties

Either Party represents and warrants to another Party that, on the date of signing,

i.The Party shall have full authority and authorization to enter into this Agreement and to perform each of its obligations under this Agreement;
ii.The provisions of this Agreement constitute a legal, effective and binding obligation on that Party;
iii.Neither the signing of this Agreement nor the performance of its obligations under this Agreement shall violate or conflict with the terms, provisions or conditions of the Party's statute or other statutory documents, or result in a breach of the above terms, provisions or conditions, or constitute a non-performance of the above terms, provisions or conditions.

 

J.    Compensation and Limitation of Liability

i.Compensation
a)For all losses, damages, expenses, liabilities, litigation, fines or any other related expenses suffered by Party A as a result of the intentional or gross negligence act of Party B's employees, including but not limited to the legal expenses and expenses covered by Party A as a result, Party B shall be liable, compensate and protect Party A from the damage.
b)For all losses, damages, expenses, liabilities, litigation, fines or other related expenses suffered by Party B as a result of the intentional or gross negligence act of Party A's employees, including but not limited to the legal expenses and expenses covered by Party B as a result, Party A shall be liable, compensate and protect Party B from the damage.
ii.Limitation of Liability
a)Notwithstanding section J.i.a) of this Agreement, within each contract year, Party B's liability for compensation subject to section J.i.a) of this Agreement shall be determined by the amount of service fee actually charged by Party B in the year in which the event of liability terminates.
b)Notwithstanding section J.i.b) of this Agreement, Party A's liability for compensation subject to section J.i.b) of this Agreement shall be determined by the amount of service fee entitled to be charged by Party B in the year in which the event of liability terminates.

 

 C: 

 

 

 

K.   Liability for Breach of Contract

i.The Parties shall conscientiously perform this Agreement in accordance with the principle of good faith. Unless otherwise agreed in this Agreement, if Party B has any breach of contract, it shall be liable for breach of contract in accordance with this Agreement and applicable law. Notwithstanding the above, no Party B shall be liable to the other Party for any indirect loss or damage as a result of this Agreement.
ii.The Parties agree and confirm that for any breach of contract during the term of cooperation, the claim for damages and the actual performance are all remedies enjoyed by the observant Party; and in any case during the term of cooperation, the observant Party renounces its right to terminate this Agreement in accordance with any applicable law as a result of the breach by the default Party.
iii.Notwithstanding other provisions of this Agreement, the effect of Section K of this Agreement shall not be affected by the termination of this Agreement.

 

L.    Force Majeure

Force majeure under this Agreement refers to natural disasters, wars, political events, laws, regulations and the adjustment of national policies. If the event of force majeure directly affects the performance of this Agreement by one Party or both Parties in accordance with the terms and conditions agreed upon by them, either Party shall immediately notify another Party or its authorized principal of the accident promptly and shall provide details of force majeure within fifteen (15) within days and the reasons and valid supporting documents (issued by the notary office of the place where force majeure occurs) for failure to perform, failure to perform fully or need to postpone the performance of this Agreement. The Parties shall determine the performance of this Agreement in accordance with the effect of force majeure, and shall decide whether or not to agree that the Party involved in the event of force majeure does not fully perform, postpone to perform or fail to perform its obligations under this Agreement.

 

M.   Termination

i.This Agreement may be terminated only if:
a)The Parties both agree to terminated this Agreement ;
b)The term of cooperation has expired and the Parties have no intention to extend the term of cooperation; or
c)This Agreement can not be performed due to force majeure events.
ii.Rights and obligations of the Parties upon termination of the Agreement:
a)If this Agreement is terminated in accordance with section M.i.a) above, the rights and obligations of the Parties upon termination of the Agreement shall be executed in accordance with the Termination Agreement reached by the Parties;
b)If this Agreement is terminated in accordance with section M.i.b) above, the Parties shall immediately settle in accordance with the provisions of this Agreement relating to annual settlement; or
c)If this Agreement is terminated in accordance with section M.i.c) above, the Parties shall immediately settle in accordance with the provisions of this Agreement relating to the annual settlement, and either Party shall not undertake any obligations to another Party from the time of completion of the settlement, but shall not be exempt from its liability for breach of contract prior to the event of force majeure.

 

N.    Applicable Law and Dispute Resolution

i.This Agreement shall be governed by published and publicly available Chinese law and shall be interpreted in accordance with published and publicly available Chinese law, but if the published and publicly available Chinese law does not provide for specific matters relating to this Agreement, the Parties shall refer to general international commercial practice.
ii.Any dispute arising from the execution of this Agreement or in connection with this Agreement shall be settled by friendly negotiation between the Parties.

 

 C: 

 

 

 

iii.If the dispute can not be settled through negotiation 60 days after one Party has notified the other Party of its relevant dispute opinion, either Party may submit the dispute to the Hong Kong International Arbitration Centre for arbitration. Arbitration shall be conducted in accordance with the arbitration rules in force at that time of the Hong Kong International Arbitration Centre, and the place of arbitration shall be Hong Kong. The arbitral award is final and binding on either Party.

 

O.   Notification

Notifications or other communications made by either Party under this Agreement shall be made in writing and sent by a particular person, by letter or by fax to the other Party at the following address or other designated address of the other Party at any time. The date on which the notice is deemed to have actually been delivered shall be determined as follows :(a) As for the notice delivered by a designated person, the day on which the delivery is accomplished shall be deemed as actually delivered ;(b) As for the notice sent by letter, the seventh (7) day after the postage-paid registered air mail (marked on the postmark), or the fourth (4) day after delivery to an internationally recognized delivery service will be deemed as actually delivered ;(c) As for the notice sent by fax, the receiving date on the confirmation of transmission of the document shall be deemed to have been delivered; and (d) As for the notice sent by e-mail, the time the e-mail enters the EDI system of the e-mail box provided by the delivered Party shall be deemed to have actually been delivered.

 

(2)PARTY A: Beijing Kuali Yitong Technology Co., Ltd.

Contact: Kaiming Hu

Address: Room 3028, Floor 3, No. 18, Shangdi Xinxi Road, Haidian District, Beijing

 

PARTY B: Beijing Lianji Future Technology Co., Ltd.

Contact: Longming Wu

Address: No. 2-004, 2/F, No. 11 Mid Wanliu Road, Haidian District, Beijing

 

 C: 

 C: 6

 

 

P.    Other Provisions

i.This Agreement shall enter into force from the date of both Parties’ signing and sealing.
ii.Any amendment, waiver, rescission or termination of any provision of this Agreement shall be stated in writing, and signed by both Parties before entering into force.
iii.Without the written consent of another Party to this Agreement, either Party of this Agreement shall not disclose, use or apply any form of information relating to another Party and/or this Agreement, including but not limited to the signing of this Agreement itself and the contents of this Agreement. The obligation of confidentiality under this section shall remain in force after the termination of this Agreement. However, Section P.i. shall not apply to the disclosure by a Party of confidential information to its affiliates, professional consultants, employees of each Party, but in such cases only to persons or entities having reasonable business requirements to know such information (2) shall not prevent either Party from making the publication or disclosure required by applicable laws, regulations or rules of the stock exchange in good faith.
iv.This Agreement constitutes the entire agreement between the Parties on the subject matter of this Agreement, superseding any previous intention or understanding relating to this Agreement, and may be altered or modified only after written documents have been signed by authorized representatives of the Parties.
v.Any rights, powers and remedies conferred upon the Parties by any of the provisions of this Agreement shall not exclude any other rights, powers or remedies enjoyed by the Parties under the provisions of the law and other provisions of this Agreement. And the exercise by either Party of its rights, powers and remedies shall not preclude the exercise of rights, powers and remedies enjoyed by another Party.
vi.To the extent permitted by Chinese law, any Party to this Agreement who fails to exercise or delays the exercise of all rights under this Agreement shall not be deemed to have waived this right; nor shall any individual or partial exercise of a right preclude the future exercise of this right separately.
vii.All the provisions of this Agreement may be divided and distinguished from each other. Any provision of this Agreement that is invalid, illegal or unenforceable shall not affect or impair the validity, legality or enforceability of the remaining provisions of this Agreement.
viii.This Agreement has (4) orignal copies and each Party holds two (2) copies.
 The Agreement shall enter into force only after signed by both Parties

ix.Without the written consent of the other Party, neither Party hereto shall disclose, use or apply any form of information relevant to the other Party or this Agreement, including but not limited to the signing of this Agreement itself and the contents of this Agreement. The obligation of confidentiality under this section shall remain in force after the termination of this Agreement. However, the provisions of this section(1) shall not apply to the disclosure by a Party of confidential information to its affiliates, professional consultants, employees of the Parties, but in such cases, only to persons or entities having reasonable business requirements to know such information (2) shall not prevent either Party from making the publication or disclosure compliant with applicable laws, regulations or rules of the stock exchange in good faith.
x.This Agreement constitutes the entire agreement between the Parties on the subject matter of this Agreement, supersedes any previous intention expressed or understanding relating to this Agreement, and can be altered or modified only upon signature of written documents by authorized representatives of the Parties.
xi.Any rights, powers and remedies conferred upon the Parties by any provision of this Agreement shall not exclude any other rights, powers or remedies enjoyed by that Party under the provisions of the law and other provisions under this Agreement, and the exercise by a Party of its rights, powers and remedies shall not exclude the exercise by that Party of its other rights, powers and remedies.
xii.To the extent permitted by Chinese law, any Party to this Agreement who fails to exercise or delays the exercise of all rights under this Agreement shall not be deemed to have waived this right; nor shall any individual or partial exercise of a right preclude the future exercise of this right separately.
xiii.All the provisions of this Agreement may be divided and distinguished from each other. Any provision of this Agreement that is invalid, illegal or unenforceable shall not affect or impair the validity, legality or enforceability of the remaining provisions of this Agreement.
xiv.This Agreement has (4) orignal copies and each Party holds two (2) copies.

(No text below)

 

 C: 

 

 

Hereby, each party has personally or prompted its legally authorized representative to sign this Agreement on the date and address listed in the first part of this Agreement, in witness whereof.

 

Beijing Lianji Future Technology Co., Ltd.

(Seal)

/s/ Seal of Beijing Lianji Future Technology Co., Ltd.

 

Signature of legal representative

 

/s/ Longming Wu  

 

Name: Longming Wu

 

 C: 

 

 

Hereby, each party has personally or prompted its legally authorized representative to sign this Agreement on the date and address listed in the first part of this Agreement, in witness whereof.

 

Beijing Kuali Yitong Technology Co., Ltd.

(Seal)

/s/ Seal of Beijing Kuali Yitong Technology Co., Ltd.

 

Signature of legal representative

 

/s/ Kaiming Hu

 

Name: Kaiming Hu

 

 C: 

 


Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘20-F’ Filing    Date    Other Filings
Filed on:6/12/20
3/2/206-K
For Period end:12/31/1920-F/A
 List all Filings 


10 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 4/23/24  Mercurity Fintech Holding Inc.    20-F       12/31/23  127:34M                                    M2 Compliance LLC/FA
 3/20/24  Mercurity Fintech Holding Inc.    F-1/A                  3:1M                                     M2 Compliance LLC/FA
 1/19/24  Mercurity Fintech Holding Inc.    F-1/A                  3:1M                                     M2 Compliance LLC/FA
11/14/23  Mercurity Fintech Holding Inc.    F-1/A                  7:31M                                    M2 Compliance LLC/FA
 9/01/23  Mercurity Fintech Holding Inc.    F-1/A                  4:807K                                   Toppan Merrill/FA
 5/30/23  Mercurity Fintech Holding Inc.    F-1                    6:685K                                   Toppan Merrill/FA
 4/25/23  Mercurity Fintech Holding Inc.    20-F       12/31/22   95:14M                                    Toppan Merrill/FA2
 6/15/22  Mercurity Fintech Holding Inc.    20-F       12/31/21   88:11M                                    Toppan Merrill/FA2
 9/24/21  Mercurity Fintech Holding Inc.    S-8         9/24/21    4:210K                                   Toppan Merrill/FA
 4/28/21  Mercurity Fintech Holding Inc.    20-F       12/31/20   90:9.2M                                   Toppan Merrill/FA
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Filing Submission 0001104659-20-072895   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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