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1000 | THEREFORE , in consideration of the mutual covenants and undertakings contained herein , and subject to the terms and conditions herein , the Parties hereto agree as follows Article 1 Definitions | <response> THEREFORE , in consideration of the mutual covenants and undertakings contained herein , and subject to the terms and conditions herein , the Parties hereto agree as follows Article 1 Definitions </response> |
1001 | 1 . 1 Special Definitions As used in this Agreement , the following terms shall have the meanings set forth or referenced below : | <response> 1 . 1 Special Definitions As used in this Agreement , the following terms shall have the meanings set forth or referenced below : </response> |
1002 | ( a ) " Account " means the USD account opened by the Borrower outside of China for the Loan . | <response> ( a ) " Account " means the USD account opened by the <person>Borrower</person> outside of <location>China</location> for the Loan . </response> |
1003 | ( b ) " Business Day " means any day other than a Saturday , a Sunday or a day on which banks in the PRC or Hong Kong Special Administrative Region (" Hong Kong ") are authorized or obliged by applicable law to be closed . | <response> ( b ) " Business Day " means any day other than a Saturday , a Sunday or a day on which banks in the PRC or <location>Hong Kong Special Administrative Region</location> (" <location>Hong Kong</location> ") are authorized or obliged by applicable law to be closed . </response> |
1004 | ( c ) | <response> ( c ) </response> |
1005 | " Funding Date " means the 7th working day after Worksoft is registered as a | <response> " Funding Date " means the 7th working day after <organization>Worksoft</organization> is registered as a </response> |
1006 | shareholder of Shanghai Solutions and holds the 75 % equity interest of Shanghai Solutions and one representative appointed by Worksoft is registered as the director of Shanghai Solutions . | <response> shareholder of <organization>Shanghai Solutions</organization> and holds the 75 % equity interest of <organization>Shanghai Solutions</organization> and one representative appointed by <organization>Worksoft</organization> is registered as the director of <organization>Shanghai Solutions</organization> . </response> |
1007 | ( d ) " Confidential Information " means all confidential , non - public or proprietary information regardless of how the information is stored or delivered , exchanged between the Parties before , on or after the date of this Agreement relating to the business , technology or other affairs of the Party who provides the information , but excluding the information which : | <response> ( d ) " Confidential Information " means all confidential , non - public or proprietary information regardless of how the information is stored or delivered , exchanged between the Parties before , on or after the date of this Agreement relating to the business , technology or other affairs of the Party who provides the information , but excluding the information which : </response> |
1008 | ( i ) is in or becomes part of the public domain other than through a breach of this Agreement or an obligation of confidence owed to the party to whom the information belongs ; | <response> ( i ) is in or becomes part of the public domain other than through a breach of this Agreement or an obligation of confidence owed to the party to whom the information belongs ; </response> |
1009 | ( ii ) the recipient of the information can prove was already known to it at the time of disclosure by the party to whom the information belongs ( unless such knowledge arose from disclosure of information in breach of an obligation of confidentiality ); or | <response> ( ii ) the recipient of the information can prove was already known to it at the time of disclosure by the party to whom the information belongs ( unless such knowledge arose from disclosure of information in breach of an obligation of confidentiality ); or </response> |
1010 | ( iii ) the recipient acquires from a source other than the party to whom the information belongs , where such source is entitled to disclose it . | <response> ( iii ) the recipient acquires from a source other than the party to whom the information belongs , where such source is entitled to disclose it . </response> |
1011 | ( e ) " Equity Transfer Contract " means the Equity Transfer Contract signed by Worksoft Creative Software Technology Ltd . (" Worksoft ", a wholly owned subsidiary of the Company in China ), Zhang Jilun and Shi Rongbin with respect to Zhang Jilun and Shi Rongbin transferring part of their equity interests in Shanghai Solutions Software Co ., Ltd . (" Shanghai Solutions ") to Worksoft on the date of this Agreement . | <response> ( e ) " Equity Transfer Contract " means the Equity Transfer Contract signed by <organization>Worksoft Creative Software Technology Ltd</organization> . (" <organization>Worksoft</organization> ", a wholly owned subsidiary of the Company in <location>China</location> ), <person>Zhang Jilun</person> and <person>Shi Rongbin</person> with respect to <person>Zhang Jilun</person> and <person>Shi Rongbin</person> transferring part of their equity interests in <organization>Shanghai Solutions Software Co</organization> ., Ltd . (" <organization>Shanghai Solutions</organization> ") to <organization>Worksoft</organization> on the date of this Agreement . </response> |
1012 | ( f ) " PRC " means the People ' s Republic of China excluding , for the purpose of this Agreement , Hong Kong Special Administrative Region , Macao Special Administrative Region and Taiwan . | <response> ( f ) " PRC " means the People ' s <location>Republic of China</location> excluding , for the purpose of this Agreement , <location>Hong Kong Special Administrative Region</location> , <location>Macao Special Administrative Region</location> and <location>Taiwan</location> . </response> |
1013 | ( g ) " First Repayment Date " means March 31 , 2008 . | <response> ( g ) " First Repayment Date " means March 31 , 2008 . </response> |
1014 | ( h ) " Second Repayment Date " means June 30 , 2008 . | <response> ( h ) " Second Repayment Date " means June 30 , 2008 . </response> |
1015 | ( i ) " RMB " means Renminbi , the lawful currency of the PRC . | <response> ( i ) " RMB " means Renminbi , the lawful currency of the PRC . </response> |
1016 | ( j ) " Shares " means the ordinary shares of the Company . | <response> ( j ) " Shares " means the ordinary shares of the Company . </response> |
1017 | ( k ) " Subscription Agreement " means the Subscription Agreement regarding the issue by the Company of the Shares and the Stock Options to the Borrower signed by the Company and the Borrower on the date of this Agreement . | <response> ( k ) " Subscription Agreement " means the Subscription Agreement regarding the issue by the Company of the Shares and the Stock Options to the <person>Borrower</person> signed by the Company and the <person>Borrower</person> on the date of this Agreement . </response> |
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