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Airnet Technology Inc. – ‘20-F’ for 12/31/15 – ‘EX-4.41’

On:  Monday, 5/16/16, at 4:20pm ET   ·   For:  12/31/15   ·   Accession #:  1144204-16-102621   ·   File #:  1-33765

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

 5/16/16  Airnet Technology Inc.            20-F       12/31/15  149:12M                                    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   1.38M 
 2: EX-4.39     Instrument Defining the Rights of Security Holders  HTML    140K 
 3: EX-4.40     Instrument Defining the Rights of Security Holders  HTML     55K 
 4: EX-4.41     Instrument Defining the Rights of Security Holders  HTML     66K 
 5: EX-4.42     Instrument Defining the Rights of Security Holders  HTML     53K 
 6: EX-4.43     Instrument Defining the Rights of Security Holders  HTML     54K 
 7: EX-4.44     Instrument Defining the Rights of Security Holders  HTML    143K 
 8: EX-4.45     Instrument Defining the Rights of Security Holders  HTML     78K 
 9: EX-4.46     Instrument Defining the Rights of Security Holders  HTML     48K 
10: EX-4.47     Instrument Defining the Rights of Security Holders  HTML    183K 
11: EX-4.48     Instrument Defining the Rights of Security Holders  HTML     45K 
12: EX-4.49     Instrument Defining the Rights of Security Holders  HTML     44K 
13: EX-4.50     Instrument Defining the Rights of Security Holders  HTML     45K 
14: EX-8.1      Opinion of Counsel re: Tax Matters                  HTML     41K 
17: EX-13.1     Annual or Quarterly Report to Security Holders      HTML     40K 
18: EX-13.2     Annual or Quarterly Report to Security Holders      HTML     40K 
15: EX-12.1     Statement re: Computation of Ratios                 HTML     44K 
16: EX-12.2     Statement re: Computation of Ratios                 HTML     44K 
19: EX-15.1     Letter re: Unaudited Interim Financial Info         HTML     40K 
20: EX-15.2     Letter re: Unaudited Interim Financial Info         HTML     41K 
21: EX-15.3     Letter re: Unaudited Interim Financial Info         HTML     39K 
28: R1          Document and Entity Information                     HTML     63K 
29: R2          Consolidated Balance Sheets                         HTML    175K 
30: R3          Consolidated Balance Sheets (Parenthetical)         HTML     81K 
31: R4          Consolidated Statements of Operations               HTML    154K 
32: R5          Consolidated Statements of Operations               HTML     48K 
                (Parenthetical)                                                  
33: R6          Consolidated Statements of Comprehensive (Loss)     HTML     57K 
                Income                                                           
34: R7          Consolidated Statements of Comprehensive (Loss)     HTML     42K 
                Income (Parenthetical)                                           
35: R8          Consolidated Statements of Changes in Equity        HTML     97K 
36: R9          Consolidated Statements of Cash Flows               HTML    208K 
37: R10         Consolidated Statements of Cash Flows               HTML     49K 
                (Parenthetical)                                                  
38: R11         Organization and Principal Activities               HTML    146K 
39: R12         Summary of Significant Accounting Policies          HTML    112K 
40: R13         Discontinued Operations                             HTML    115K 
41: R14         Segment Information and Revenue Analysis            HTML     56K 
42: R15         Short-Term Investments                              HTML     42K 
43: R16         Long-Term Investments                               HTML     80K 
44: R17         Accounts Receivable, Net                            HTML     70K 
45: R18         Other Current Assets                                HTML     53K 
46: R19         Consideration Receivable                            HTML     41K 
47: R20         Assets Held for Sale                                HTML     42K 
48: R21         Other Non-Current Assets                            HTML     52K 
49: R22         Long-Term Deposits                                  HTML     46K 
50: R23         Acquired Intangible Assets, Net                     HTML     68K 
51: R24         Property and Equipment, Net                         HTML     52K 
52: R25         Prepaid Equipment Cost                              HTML     43K 
53: R26         Accrued Expenses and Other Current Liabilities      HTML     48K 
54: R27         Short-Term Loan                                     HTML     44K 
55: R28         Income Taxes                                        HTML    129K 
56: R29         Net (Loss) Income Per Share                         HTML     70K 
57: R30         Share Based Payments                                HTML    101K 
58: R31         Fair Value Measurement                              HTML     47K 
59: R32         Share Repurchase Plan                               HTML     43K 
60: R33         Mainland China Contribution Plan                    HTML     44K 
61: R34         Statutory Reserves                                  HTML     43K 
62: R35         Restricted Net Assets                               HTML     43K 
63: R36         Commitments                                         HTML     55K 
64: R37         Contingent Liabilities                              HTML     55K 
65: R38         Related Party Transactions                          HTML    124K 
66: R39         Subsequent Events                                   HTML     42K 
67: R40         Additional Information-Financial Statement          HTML    263K 
                Schedule I Financial Information of Parent Company               
68: R41         Summary of Significant Accounting Policies          HTML    196K 
                (Policies)                                                       
69: R42         Organization and Principal Activities (Tables)      HTML    123K 
70: R43         Summary of Significant Accounting Policies          HTML     53K 
                (Tables)                                                         
71: R44         Discontinued Operations (Tables)                    HTML    110K 
72: R45         Segment Information and Revenue Analysis (Tables)   HTML     49K 
73: R46         Long-Term Investments (Tables)                      HTML     78K 
74: R47         Accounts Receivable, Net (Tables)                   HTML     68K 
75: R48         Other Current Assets (Tables)                       HTML     52K 
76: R49         Other Non-Current Assets (Tables)                   HTML     50K 
77: R50         Long-Term Deposits (Tables)                         HTML     45K 
78: R51         Acquired Intangible Assets, Net (Tables)            HTML     66K 
79: R52         Property and Equipment, Net (Tables)                HTML     50K 
80: R53         Accrued Expenses and Other Current Liabilities      HTML     47K 
                (Tables)                                                         
81: R54         Income Taxes (Tables)                               HTML    110K 
82: R55         Net (Loss) Income Per Share (Tables)                HTML     68K 
83: R56         Share Based Payments (Tables)                       HTML     71K 
84: R57         Commitments (Tables)                                HTML     49K 
85: R58         Related Party Transactions (Tables)                 HTML    121K 
86: R59         Additional Information-Financial Statement          HTML    220K 
                Schedule I Financial Information of Parent Company               
                (Tables)                                                         
87: R60         Organization and Principal Activities (Narrative)   HTML     68K 
                (Details)                                                        
88: R61         Organization and Principal Activities (Schedule of  HTML    108K 
                Companies Subsidiaries and VIE's) (Details)                      
89: R62         Organization and Principal Activities (Schedule of  HTML     57K 
                VIE's Consolidated Balance Sheets) (Details)                     
90: R63         Organization and Principal Activities (Schedule of  HTML     64K 
                VIE's Consolidated Statement of Operations)                      
                (Details)                                                        
91: R64         Summary of Significant Accounting Policies          HTML     68K 
                (Narrative) (Details)                                            
92: R65         Summary of Significant Accounting Policies          HTML     60K 
                (Schedule of Estimated Useful Lives of Property                  
                and Equipment) (Details)                                         
93: R66         Summary of Significant Accounting Policies          HTML     56K 
                (Schedule of Estimated Economic Lives of                         
                Intangible Assets) (Details)                                     
94: R67         Discontinued Operations (Narrative) (Details)       HTML     80K 
95: R68         Discontinued Operations (Schedule of Carrying       HTML    130K 
                amounts of assets and liabilities disposed)                      
                (Details)                                                        
96: R69         Discontinued Operations (Schedule of result of      HTML     76K 
                operations of the Target Businesses) (Details)                   
97: R70         Discontinued Operations (Schedule of outstanding    HTML     58K 
                balances with the Group's related parties)                       
                (Details)                                                        
98: R71         Discontinued Operations (Schedule of related party  HTML     57K 
                transactions) (Details)                                          
99: R72         Segment Information and Revenue Analysis (Details)  HTML     48K 
100: R73         Short-Term Investments (Details)                    HTML     52K  
101: R74         Long-Term Investments (Narrative) (Details)         HTML    196K  
102: R75         Long-Term Investments (Schedule of Equity Method    HTML     77K  
                Investments) (Details)                                           
103: R76         Long-Term Investments (Schedule of Equity Method    HTML     63K  
                Investee) (Details)                                              
104: R77         Accounts Receivable, Net (Schedule of Accounts      HTML     53K  
                Receivable, Net) (Details)                                       
105: R78         Accounts Receivable, Net (Schedule of Allowance     HTML     49K  
                for Doubtful Accounts) (Details)                                 
106: R79         Other Current Assets (Details)                      HTML     66K  
107: R80         Other Current Assets (Details) (Parenthetical)      HTML     56K  
108: R81         Consideration Receivable (Narrative) (Details)      HTML     44K  
109: R82         Assets Held for Sale (Narrative) (Details)          HTML     48K  
110: R83         Other Non-Current Assets (Details)                  HTML     51K  
111: R84         Long-Term Deposits (Details)                        HTML     51K  
112: R85         Acquired Intangible Assets, Net (Details)           HTML     80K  
113: R86         Property and Equipment, Net (Details)               HTML     66K  
114: R87         Prepaid Equipment Cost (Details)                    HTML     59K  
115: R88         Accrued Expenses and Other Current Liabilities      HTML     57K  
                (Details)                                                        
116: R89         Short-Term Loan (Narrative) (Details)               HTML     52K  
117: R90         Income Taxes (Narrative) (Details)                  HTML     60K  
118: R91         Income Taxes (Schedule of Income Tax                HTML     49K  
                (Expenses)/Benefits) (Details)                                   
119: R92         Income Taxes (Schedule of Deferred Income Tax       HTML     77K  
                Assets and Liabilities) (Details)                                
120: R93         Income Taxes (Schedule of Reconciliation of         HTML     73K  
                Effective Income Tax Rate) (Details)                             
121: R94         Income Taxes (Schedule of VIE's Net Loss Per Share  HTML     49K  
                Amounts) (Details)                                               
122: R95         Net (Loss) Income Per Share (Details)               HTML     88K  
123: R96         Net (Loss) Income Per Share (Details)               HTML     42K  
                (Parenthetical)                                                  
124: R97         Share Based Payments (Narrative) (Details)          HTML    230K  
125: R98         Share Based Payments (Schedule of Stock Option      HTML    105K  
                Activities) (Details)                                            
126: R99         Share Based Payments (Schedule of Stock Option      HTML     53K  
                Assumptions) (Details)                                           
127: R100        Fair Value Measurement (Details)                    HTML     46K  
128: R101        Share Repurchase Plan (Details)                     HTML     57K  
129: R102        Mainland China Contribution Plan (Details)          HTML     41K  
130: R103        Statutory Reserves (Details)                        HTML     40K  
131: R104        Restricted Net Assets (Details)                     HTML     44K  
132: R105        Commitments (Narrative) (Details)                   HTML     50K  
133: R106        Commitments (Schedule of Future Minimum Rental      HTML     49K  
                Lease Payments) (Details)                                        
134: R107        Commitments (Schedule of Future Minimum Concession  HTML     57K  
                Fee Payments) (Details)                                          
135: R108        Contingent Liabilities (Details)                    HTML     41K  
136: R109        Related Party Transactions (Schedule of Amount Due  HTML     61K  
                from Related Parties) (Details)                                  
137: R110        Related Party Transactions (Schedule of Amount Due  HTML     49K  
                from a Related Party) (Details)                                  
138: R111        Related Party Transactions (Schedule of Revenues    HTML     55K  
                and Purchases) (Details)                                         
139: R112        Related Party Transactions (Schedule of Equity      HTML     63K  
                Transaction with Related Party) (Details)                        
140: R113        Related Party Transactions (Narrative) (Details)    HTML     51K  
141: R114        Additional Information-Financial Statement          HTML    100K  
                (Schedule of Parent Company Balance Sheets)                      
                (Details)                                                        
142: R115        Additional Information-Financial Statement          HTML     53K  
                (Schedule of Parent Company Balance Sheets)                      
                (Details) (Parenthetical)                                        
143: R116        Additional Information-Financial Statement          HTML     54K  
                (Schedule of Parent Company Statements of                        
                Operations) (Details)                                            
144: R117        Additional Information-Financial Statement          HTML     54K  
                (Schedule of Parent Company Statements of                        
                Comprehensive (Loss)/Income) (Details)                           
145: R118        Additional Information-Financial Statement          HTML    133K  
                (Schedule of Parent Company Statements of Changes                
                in Equity) (Details)                                             
146: R119        Additional Information-Financial Statement          HTML     91K  
                (Schedule of Parent Company Statements of Cash                   
                Flows) (Details)                                                 
148: XML         IDEA XML File -- Filing Summary                      XML    265K  
147: EXCEL       IDEA Workbook of Financial Reports                  XLSX    167K  
22: EX-101.INS  XBRL Instance -- amcn-20151231                       XML   3.84M 
24: EX-101.CAL  XBRL Calculations -- amcn-20151231_cal               XML    350K 
25: EX-101.DEF  XBRL Definitions -- amcn-20151231_def                XML   1.08M 
26: EX-101.LAB  XBRL Labels -- amcn-20151231_lab                     XML   2.06M 
27: EX-101.PRE  XBRL Presentations -- amcn-20151231_pre              XML   1.55M 
23: EX-101.SCH  XBRL Schema -- amcn-20151231                         XSD    364K 
149: ZIP         XBRL Zipped Folder -- 0001144204-16-102621-xbrl      Zip    293K  


‘EX-4.41’   —   Instrument Defining the Rights of Security Holders


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



 

Exhibit 4.41

 

Exclusive Technology Consulting and Service Agreement

 

This Exclusive Technology Consulting and Service Agreement (the “Agreement”) is entered into by and between the following Parties on June 5th, 2015 in Beijing, People’s Republic of China (“China”):

 

Party A: AirMedia Technology (Beijing) Co., Ltd.

 

Legal Representative: Guo Man

 

Registered address: Room 3088, Building 1, No. 2 of Hengfu Zhongjie, Science Town, Fengtai District, Beijing

 

Party B: AirMedia Online Network Technology Co., Ltd.

 

Legal Representative: Xu Qing

 

Registered address: Room 402 in 401, Floor 4, Building 26, Dongzhimenwai Avenue, Chaoyang District, Beijing

 

(The above Parties are respectively referred to as a "Party", jointly referred to as the "Parties" under this Agreement.)

 

WHEREAS,

 

(1) Party A is a wholly foreign-owned enterprise incorporated in accordance with the laws of PRC and has resources to provide technology consulting and services to Party B;

 

(2) Party B is a limited liability enterprise incorporated in accordance with the laws of PRC and intends to develop on-flight wifi business;

 

(3) Party B intends to delegate to Party A, and Party A agrees to accept the delegation to provide exclusive consulting and related services to Party B, both Parties agree to execute this written Exclusive Technology Support and Service Agreement to define their respective rights and obligations.

 

NOW, THEREFORE, Party A and Party B, through friendly negotiations, hereby agree as follows:

 

1Exclusive Technology Consulting and Services: Exclusive Rights

 

1.1During the term of this Agreement, subject to the terms and conditions hereof, Party A agrees to provide exclusive consulting services in respect of management, personnel training, marketing and market promotion to Party B, including, but not limited to:

 

1)Assist Party B to determine company management mode and business plan;

 

2)Assist Party B to determine market development plan;

 

3)Provide market and client resources information to Party B;

 

4)Provide specific market investigation and research under delegation;

 

5)Provide training for Party B’s personnel;

 

 C: 

 

 

 

6)Assist Party B to establish marketing network.

 

1.2Party B agrees to accept the consulting and services provided by Party A, and Party B further agrees that, except with Party A’s prior written consent, Party B shall not accept the said consulting and services provided by any third party during the term of this Agreement.

 

1.3During the term of this Agreement, both Parties could from time to time amend or supplement the contents of the consulting and services, the said amend or supplement should be determined by Parties in writing.

 

2Calculation, Payment and Security of Consulting and Services Fee

 

2.1Both Parties agree that a consideration for the consulting and services shall be calculated and paid according to the Annex I attached hereto.

 

2.2Each Party shall bear the taxes payable by it in connection with the execution or performance of this Agreement in accordance with the laws.

 

2.3Party B’s shareholders will provide a pledge security to Party A for the consulting service fee payable by Party B under this Agreement by pledging their equity interest in Party B.

 

3Representations and Warranties

 

3.1Representations and warranties by Party A:

 

3.1.1Party A is a wholly foreign-owned enterprise incorporated in accordance with the laws of PRC;

 

3.1.2Party A’s execution and performance of this Agreement are within the scope of its company power and business scope, it has taken necessary company actions and appropriate authorization, obtained necessary approvals and permits from third parties and government departments, and will not violate the contracts and laws which it is restricted to or bound upon.

 

3.1.3This Agreement constitutes a legal, valid, binding and enforceable obligations to Party A upon execution.

 

3.2Representations and warranties by Party B:

 

3.2.1Party B is a limited liability enterprise incorporated in accordance with the laws of PRC;

 

3.2.2Party B’s execution and performance of this Agreement are within the scope of its company power and business scope, it has taken necessary company actions and appropriate authority, it has obtained necessary approvals and permits from third parties and government departments, and will not violate the contracts and laws which it is restricted to or bound upon.

 

3.2.3This Agreement constitutes a legal, valid, binding and enforceable obligations to Party B upon execution.

 

4Confidentiality

 

4.1Party B will endeavor to take all reasonable measures to keep confidential of the confidential materials and information (the “Confidential Information”) generated from the acceptance of exclusive consulting and services from Party A; unless with Party A’s prior written consent, Party B shall not disclose, give or transfer the said Confidential Information. Party B shall return the documents, materials or soft wares that contains Confidential Information to Party A or destroy them, meanwhile, it shall delete any Confidential Information from related memory devices and shall not continuously use the said Confidential Information.

 

 C: 

 

 

 

4.2The Parties acknowledge and confirm that any oral or written materials exchanged between the Parties in respect of this Agreement shall be confidential information. Both Parties shall keep the said information confidential and no Party shall disclose such information to any third party without written consent from the other Party, except for the following circumstances: (a) such materials are known or will be known to the public, which is not a result of the unauthorized disclosure from the Party that accepts materials; (b) such materials are required to be disclosed by the applicable laws or the rules and regulations of security exchanges; or (c) where a Party discloses such materials in connection with the transaction contemplated herein to its legal or financial consultant, such legal or financial consultant shall also follow the duty of confidentiality similar to this clause. Breach of confidence by the employee or the hired agency of any Party shall be deemed as breach of confidence by such Party and the Party shall be liable for breach in accordance with this Agreement.

 

4.3This article shall survive the invalid, change, cancellation, termination or being no longer operational of this Agreement.

 

5Liabilities for Breach of Contract

 

Where any Party (the “Breaching Party”) breaches any article of this Agreement and causes loss to the other Party (the “Non-breaching Party”), the Non-breaching Party is entitled to deliver a written notice requiring immediate rectification to Breaching Party; in the event that the Breaching Party fails to cure the breach by the ways that are satisfied by the Non-breaching Party within fifteen (15) working days of receiving written notice from the Non-breaching Party, the Non-breaching Party may immediately take relief measures in accordance with the methods set forth in this Agreement or by means of law.

 

6Effectiveness and term

 

6.1This Agreement shall be effective from the date first set forth above.

 

6.2Unless the provisions in this Agreement or relevant clauses set forth in further contracts signed by Parties terminate this Agreement before expiration, the valid term of this Agreement shall be ten (10) years.

 

6.3Upon the written confirmation by Party A before expiration of this Agreement, the term could be extended; the extended term shall be determined by Party A.

 

6.4In the event that any Party's business term expires or is terminated by other reason during the period set forth in Article 6.2 and Article 6.3, this Agreement shall be terminated by then, unless the other Party has, in light of Article 12 of this Agreement, transferred its rights and obligations.

 

 C: 

 

 

 

7Termination

 

7.1This Agreement shall be terminated on the expiration date unless extended in accordance with the relevant articles of this Agreement.

 

1.1During the term of this Agreement, unless Party A has significant fault, fraud, other illegal actions, or goes bankrupt, Party B shall not terminate this Agreement before expiration. Notwithstanding the above, Party A is entitled to terminate this Agreement at any time by delivering a written notice thirty (30) days in advance. During the term of this Agreement, where Party B breaches any article of this Agreement and fails to cure it within fourteen (14) working days of receiving written notice in respect to the said default from Party A, Party A may inform Party B in writing for the termination of this Agreement.

 

7.2Rights and obligations of both Parties under Article 4, Article 9 and Article 11 shall survive in the termination of this Agreement.

 

8Applicable Laws

 

The performance, interpretation, enforcement and disputes resolution in connection with this Agreement shall be governed by the laws of PRC.

 

9Dispute Resolution

 

Any dispute arising from this Agreement shall be settled by the Parties through amicable negotiations. In case no settlement can be reached within thirty (30) days after one Party makes a request for settlement, either Party may submit such dispute to Beijing Arbitration Commission for arbitration in accordance with its current rules. The seat of arbitration shall be Beijing, the language of arbitration shall be Chinese. The arbitration award shall be final and binding upon the Parties.

 

10Force Majeure

 

10.1Force Majeure hereof means events beyond the reasonable control and could not be avoided under due care of affected Party, including, but not limited to, governmental action, nature power, fire, war, blast, serious flood, storm, earthquake, tide, lightning or war. The scarcity of credit, capital or loan facility shall not be deemed as event beyond one Party’s reasonable control. The affected Party shall notify the other Party of the occurrence of the Force Majeure events and the steps it will take for the purpose of performing the said obligations as soon as possible.

 

10.2In case the Force Majeure suspend or retard the performance of this Agreement, liability under this Agreement shall not be borne by the affected Party within the sphere of suspended or retarded the performance. The affected Party shall reduce or eliminate the effect of the Force Majeure and endeavor to restore the said performance. Once the Force Majeure was eliminated, all Parties agree to restore the performance of this Agreement with best efforts.

  

 C: 

 

 

 

11Notice

 

Any notice or other communication made by the Party herein shall be in Chinese or English and be delivered to the other Party via personal delivery, letter or registered post, postage prepaid or other recognized express services, or facsimile at the address shown immediately after this paragraph or other address designated by such Party from time to time. The actual delivery date shall be deemed by the following methods: (a) the notices delivered via personal delivery shall be deemed actual given on the date of personal delivery; (b) the notices g delivered via letters shall be deemed actual given on the tenth (10) day after such registered airmail has been sent with its postage paid (shown on a postmarks), or on the fourth (4) day after such letter is given to a international recognized express agent; and (c) the notices delivered via facsimile shall be deemed actual given on the date shown on the transmission confirmation of such files.

 

Address for Party A: AirMedia Technology (Beijing) Co., Ltd.

 

Recipient: Guo Man

 

Address: F/15, Sky Plaza, No.46 Dongzhimenwai Street, Dongcheng District, Beijing, China.

 

Telephone Number:

 

Fax Number:

 

Address for Party B: AirMedia Online Network Technology Co., Ltd.

 

Recipient: Xu Qing

 

Address: F/17, Sky Plaza, No.46 Dongzhimenwai Street, Dongcheng District, Beijing, China.

 

Telephone Number:

 

Fax Number:

 

12Assignment

 

Party B shall not assign its rights and obligations herein to any third Party without Party A’s prior written consent.

 

Party B agrees hereof, Party A may, at any time, assign its rights and obligations herein to any third Party. When Party A assigns its rights and obligations, Party A shall deliver written notice to Party B, the consent of assign from Party B is not necessary.

 

13Entire Agreement

 

Both Parties confirm that this Agreement constitutes the entire agreement and understanding of both Parties with respect to the subject matter hereof upon effectiveness and supersedes and replaces all prior oral and/or written agreements and understandings of both Parties with respect to the subject matter hereof.

 

14Severability

 

If any provision under this Agreement is determined to be invalid or unenforceable due to not comply with relevant laws, such provision shall only be deemed as invalid under such laws, and will not affect the legal effect of any other provisions in the remainder of this Agreement.

 

 C: 

 

 

 

15Amendment and Supplement

 

Any amendment and supplement of this Agreement shall be made in writing and shall form an integral part of this Agreement and has the same effect as this Agreement upon appropriate execution by both Parties.

 

16Copies

 

This Agreement may be executed in two (2) counterparts, each Party shall hold one (1) counterpart. Each counterpart shall have same legal effect.

 

[No text below]

 

 C: 

 

 

  

(Signature Page)

 

IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its legal representative or authorized representative on the date first set forth above.

 

Party A: AirMedia Technology (Beijing) Co., Ltd.

 

Signature:/s/ Guo Man

 

Name: Guo Man

 

Title: Legal Representative

 

Common seal: AirMedia Technology (Beijing) Co., Ltd.

 

 C: 

 

 

  

(Signature Page)

 

IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its legal representative or authorized representative on the date first set forth above.

 

Party B: AirMedia Online Network Technology Co., Ltd.

 

Signature:/s/ Xu Qing

 

Name: Xu Qing

 

Title: Legal Representative

 

Common seal: AirMedia Online Network Technology Co., Ltd.

 

 C: 

 

 

  

Annex I Consulting Service Fee Calculation and Payment Standard

 

1Amount of the Service Fee

 

2Payment

 

1)Each year, Party A shall make a settlement list based on the contents of service provided to Party B and submit to Party B in written form. Party B shall verify and confirm the settlement list.

 

2)Party B shall, within the term of payment indicated in the settlement list, pay the consulting service fee amount to the bank account designated by Party A. Party B shall deliver the copy of remittance voucher to Party A by fax or mail after the said amount has been paid.

 

3Adjustment

 

If Party A is of the opinion that the fee under this Agreement becomes inappropriate and needs to be adjusted, Party B shall, within seven (7) working days of receiving the written request about fee adjustment from Party A, negotiate with Party A actively and in good faith so as to determine the new billing standard or system.

  

 C: 

 


4 Subsequent Filings that Reference this Filing

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

 4/28/23  Airnet Technology Inc.            20-F       12/31/22  114:15M                                    Toppan Merrill/FA2
 5/13/22  Airnet Technology Inc.            20-F       12/31/21  113:16M                                    Toppan Merrill/FA2
 5/06/21  Airnet Technology Inc.            20-F       12/31/20  112:14M                                    Toppan Merrill/FA
 9/14/20  Airnet Technology Inc.            20-F       12/31/19  120:14M                                    Toppan Merrill/FA
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