Amendment to AGY Shanghai Term Loan Agreement



 Exhibit 10.22 
 Amendment/Supplemental Agreement 
 to the Project Loan Agreement 

(the “Amendment Agreement”) 
  

					
	Borrower/Mortgagor :	 	 AGY Shanghai Technology Co., Ltd.

		
	Registered Address :	 	 189 Kangwu Road, Kangqiao Industrial Zone, Shanghai



					
			
	Postal Code :	 	     201315
	 	


			
		
	Principal Business Premises :	 	 189 Kangwu Road, Kangqiao Industrial Zone, Shanghai



					
			
	Postal Code :	 	     201315
	 	


							
				
	Legal Representative (Person-in-charge) :	 	 Yongguo WU
	 	Fax :	 	 51980303



							
				
	Bank of Basic Account :	 	  
	 	Account No. :	 	  



							
				
	Contact Person :	 	  
	 	Telephone :	 	  


  

					
	Lender/Mortgagee :	 	The Bank of Shanghai,	 	 Pudong Branch



							
				
	Principal Business Premises :	 	 699 Zhangyang Road, Shanghai
	 	Postal Code :	 	 2001201



							
				
	Legal Representative (Person-in-charge) :	 	 Jijin ZHU
	 	Fax :	 	 58205259



							
				
	Contact Person :	 	  
	 	Telephone :	 	  


 WHEAREAS : 
 1. The Borrower (/Mortgagor) and the Lender (/Mortgagee) entered into a Project Loan Agreement (No. 201090463002) dated as of June 10, 2009 (the “Original Contract”). 

 

	1 	 Please note that the postal code stated in the Chinese version of this Amendment Agreement is 20120, which is incorrect. 









 2. The Borrower (/Mortgagor) and the Lender (/Mortgagee) entered into two
Amendment/Supplemental Agreements (No. 201090463002-1 and No. 201090463002-2) to the Original Contract, dated as of September 21, 2011 (the “2011 Amendment Agreements”). 

The Borrower (/Mortgagor) and the Lender (/Mortgagee) hereby agreed that the Original Contract shall be amended as follows: 

 

	 	1.	Section 7.2 of the Original Contract was amended by the 2011 Amendment Agreements as follows: 


For installment payments, the payment schedule is as follows: 

 

																					
	 Date
	  	RMB	 	  	USD	 	  	Date	 	  	RMB	 	  	USD	 
	 2010-4-20
	  	 	650	  	  	 	100	  	  	 	2010-10-20	  	  	 	1500	  	  	 	100	  
	 2011-4-20
	  	 	1700	  	  	 	100	  	  	 	2011-10-20	  	  	 	2500	  	  	 	100	  
	 2012-4-20
	  	 	2600	  	  	 	100	  	  	 	2012-10-20	  	  	 	2800	  	  	 	100	  
	 2013-4-20
	  	 	3500	  	  	 	100	  	  	 	2013-10-20	  	  	 	3500	  	  	 	50	  
	 2014-4-20
	  	 	3470	  	  	 	50	  	  				  				  			

 The payment schedule is hereby amended as follows: 

 

																					
	 Date
	  	RMB	 	  	USD	 	  	Date	 	  	RMB	 	  	USD	 
	 2010-4-20
	  	 	650	  	  	 	100	  	  	 	2010-10-20	  	  	 	1500	  	  	 	100	  
	 2011-4-20
	  	 	1700	  	  	 	100	  	  	 	2011-10-20	  	  	 	2500	  	  	 	100	  
	 2012-7-31
	  	 	2600	  	  	 	100	  	  	 	2012-10-20	  	  	 	2800	  	  	 	100	  
	 2013-4-20
	  	 	3500	  	  	 	100	  	  	 	2013-10-20	  	  	 	3500	  	  	 	50	  
	 2014-4-20
	  	 	3470	  	  	 	50	  	  				  				  			

  

	 	2.	Section 22 of the Original Contract is amended by inserting the following sub-section: 


 

	 	22.17.	“Due to the uncertainty and the risk of the project restructuring, if the Borrower’s refinancing did not make any substantive progress by May 31, 2012,
the Lender has the right to accelerate the loan and declare the loan due and payable immediately.” 









	 	3.	Except for the above amendments, all of the other provisions of the Original Contract shall remain the same and continue to be valid. 


 

	 	4.	This Amendment Agreement takes effect upon the execution by the respective legal representative (person-in-charge) of both parties and stamping of their respective
official seals. 

  

	 	5.	This Amendment Agreement is an integral part of the Original Contract. This Amendment Agreement is executed in four counterparts, two of which will be kept by the
Lender and the Borrower, respectively. 


*    *    *    *    * 

Signed and Stamped on April 19, 2012 (Signature on behalf of the borrower illegible).