{"id":42860,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/supplemental-agreement-relating-to-shenzhouxing-roaming.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"supplemental-agreement-relating-to-shenzhouxing-roaming","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/supplemental-agreement-relating-to-shenzhouxing-roaming.html","title":{"rendered":"Supplemental Agreement Relating to &#8220;Shenzhouxing&#8221; Roaming Agreement and Sharing of Profit From Sales of Value Adding Cards in Other Provinces &#8211; China Mobile Communications Corp. and China Mobile (Hong Kong) Ltd."},"content":{"rendered":"<pre>                     CHINA MOBILE COMMUNICATIONS CORPORATION\n                                       AND\n\n                        CHINA MOBILE (HONG KONG) LIMITED\n\n\n\n\n\n\n\n                             SUPPLEMENTAL AGREEMENT\n                            DATED AS OF MAY 11, 2001\n\n\n\n\n\n\n\n\n                  RELATING TO \"SHENZHOUXING\" ROAMING SETTLEMENT\n             AND SHARING OF PROFIT FROM SALES OF VALUE ADDING CARDS\n                               IN OTHER PROVINCES\n\n\n                                      -1-\n\n   2\n\n\n\n                  SUPPLEMENTAL AGREEMENT, signed in Beijing on May 11, 2001\nbetween China Mobile Communications Corporation (\"Party A\") and China Mobile\n(Hong Kong) Limited (\"Party B\").\n\n\n                  WHEREAS, Party A is a subsisting State-owned company validly\nestablished under the laws of the People's Republic of China with its legal\naddress at No. 53A, Xibianmenneidajie, Xuanwuqu, Beijing, China; and\n\n                  WHEREAS, Party B is a subsisting limited liability company\nestablished under the laws of Hong Kong with its legal address at 60\/F, The\nCenter, No. 99, Queen's Road Central, Central, Hong Kong. Party B's subsidiaries\nin Mainland China include Guangdong Mobile Telecommunications Company Limited,\nZhejiang Mobile Telecommunications Company Limited, Jiangsu Mobile\nTelecommunications Company Limited, Hainan Mobile Telecommunications Company\nLimited, Fujian Mobile Telecommunications Company Limited, Henan Mobile\nTelecommunications Company Limited, Beijing Mobile Telecommunications Company\nLimited, Tianjin Mobile Telecommunications Company Limited, Shanghai Mobile\nTelecommunications Company Limited, Liaoning Mobile Telecommunications Company\nLimited, Shandong Mobile Telecommunications Company Limited, Hebei Mobile\nTelecommunications Company Limited and Guangxi Mobile Telecommunications Company\nLimited;\n\n\n\nWhile:\n\n         1.       Party A is now performing a nationwide centralized management\n                  of China Mobile Communication's \"Shenzhouxing\" prepaid card\n                  services, including the sales of prepaid card and value adding\n                  card, as well as interconnection, roaming and related\n                  settlements;\n\n         2.       Party B is a company listed at Stock Exchange of Hong Kong and\n                  New York Stock Exchange, with foreign investors holding about\n                  25% of its shares, and Party A as the indirect controlling\n                  shareholder;\n\n         3.       Party A and Party B signed on October 4, 2000 the Agreement\n                  for \"Shenzhouxing\" Roaming Settlement and Sharing of Profit\n                  from the Sales of Value Adding Cards in Other Provinces\n                  (\"Profit Sharing Agreement\");\n\n         4.       Both Party A and Party B agree that as \"Shenzhouxing\" business\n                  develops, there is a need to adjust the ratio for the sharing\n                  of profit from the sales of value adding cards in other\n                  provinces.\n\n\n                                      -2-\n   3\n\n\n\nAfter friendly consultation, Party A and Party B reached the following\nagreements:\n\n         1.       \"Shenzhouxing\" users, i.e., holders of prepaid cards, may buy\n                  value adding cards issued by provinces other than the\n                  registered place for the prepaid cards (\"Other Provinces\"),\n                  and undergo value adding. When \"Shenzhouxing\" users make use\n                  of value adding cards issued by Other Provinces, the\n                  provincial mobile operator where the \"Shenzhouxing\"\n                  subscribers belong (i.e. the place of registration of the\n                  prepaid cards) shall settle with the value adding card issuing\n                  provincial mobile operator. While 95% of the amount of value\n                  added shall go to the provincial mobile operator where the\n                  \"Shenzhouxing\" subscribers belong, the remaining 5% shall be\n                  kept by the value adding card issuing provincial mobile\n                  operator. This ratio for the sharing of profit from the sales\n                  of value adding cards in other provinces will replace the\n                  profit sharing ratio in the Profit Sharing Agreement on the\n                  execution date of this Supplemental Agreement.\n\n         2.       This Supplemental Agreement is a supplemental agreement to the\n                  Profit Sharing Agreement. Unless this Supplemental Agreement\n                  states otherwise, other provisions of the Profit Sharing\n                  Agreement shall be interpreted and executed in accordance with\n                  the provisions and terms of the original agreement.\n\n         3.       This Supplemental Agreement shall be construed in accordance\n                  with and governed by the laws of the People's Republic of\n                  China.\n\n         4.       This Supplemental Agreement shall be effective on the date of\n                  official signing by the authorized representatives of both\n                  parties.\n\n         5.       This Supplemental Agreement shall be executed on April 21,\n                  2001, upon the fulfillment of the following conditions:\n\n                  1) Party B obtained related connected transactions waiver from\n                  the Stock Exchange of Hong Kong Limited (the \"Stock Exchange\")\n                  in respect to transactions in this Supplemental Agreement; and\n\n                  2) Independent shareholders of Party B, as determined not\n                  connected in accordance with the listing rules of the stock\n                  exchange, approved the transactions in this Supplemental\n                  Agreement.\n\n         6.       This Supplemental Agreement may be executed in four\n                  counterparts (with two to each of Party A and Party B), each\n                  of which when so executed shall be deemed to be an original,\n                  but all of which together shall constitute but one and the\n                  same instrument.\n\n\n                                      -3-\n   4\n\n\n\n\n         IN WITNESS WHEREOF, the parties hereto have caused this Supplemental\nAgreement to be duly executed as of the day and year first above written.\n\n\n                                   CHINA MOBILE COMMUNICATIONS CORPORATION\n\n                                                                     Seal\n\n\n                                   By:  \n                                        ---------------------------------\n                                        \/s\/ illegible\n\n\n\n                                   CHINA MOBILE (HONG KONG) LIMITED\n\n                                                                     Seal\n                                   By:  \n\n                                        ---------------------------------\n                                        \/s\/ Wang Xiaochu\n\n\n\n                                      -4-\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[],"corporate_contracts_industries":[9519],"corporate_contracts_types":[9613,9617],"class_list":["post-42860","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_industries-telecommunications__telephone","corporate_contracts_types-operations","corporate_contracts_types-operations__jv"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42860","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42860"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42860"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42860"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42860"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}