EX-4.9






Exhibit 4.9




Guarantee
Agreement

(Summary Translation)


Guarantor: Xiaofeng Peng




Lender:
Agricultural Bank of China Xinyu Branch





This Agreement is made by and between Mr. Xiaofeng Peng (hereinafter referred to as “Party A”) and
Agricultural Bank of China Xinyu Branch (hereinafter referred to as “Party B”).




WHEREAS,





	1.	 	Jiangxi LDK Solar Hi-Tech Co., Ltd. (hereinafter referred to as “Jiangxi LDK”) and Party B
(will enter) have entered into a series of business agreements (hereinafter collectively referred to
as the “Main Agreements”) in which Jiangxi LDK has incurred or will incur certain debts; and
	 
	2.	 	Party A has agreed to provide guarantee for the obligations of Jiangxi LDK under the Main
Agreements.




NOW, THEREFORE, Party A and Party B, subject to the terms and conditions set forth herein, agree as
follows:





	1.	 	Party A agrees to provide guarantees for the performance of obligations by Jiangxi LDK under
the Main Agreements made between February 29, 2008 and May 28, 2010 (hereinafter referred to
as the “Period of Guarantee”). Party A will be liable for repayment of the Renminbi/ foreign
currency loans and letter of credit with reduced/waived security deposit (hereinafter referred
to as “Debts”) up to Rmb 600 million (hereinafter referred to as “Maximum Guaranteed Amount”)
in the event of default by Jiangxi LDK under the Main Agreements.
	 
	2.	 	The guarantee shall include loans in all currencies, which shall be repaid in the original
currencies, provided that the Debts shall have been incurred within the
Period of Guarantee and shall not
exceed the Maximum Guaranteed Amount. Party A further undertakes to pay any excess amount
over the Maximum Guaranteed Amount due to changes in exchange rates.
	 
	3.	 	The scope of the guarantee hereunder shall include any principal amounts, interests accrued,
damages and expenses associated with the realization of Party B’s rights under the Main
Agreements (including attorney’s fees).
	 
	4.	 	During the term of the guarantee (from the date of this agreement
until two years after the expiry of
the performance period by Jiangxi LDK under the Main Agreements):




 









 












	 	(a)	 	upon Party B’s request, Party A shall provide true, complete and timely
financial reports, articles of association or other related information for Party B’s
inspection and monitoring;
	 
	 	(b)	 	in the event of default by Party A, Party B is entitled to set off its claims
against Party A with funds from Party A’s bank account at Party B’s branch; and
	 
	 	(c)	 	Party A shall inform Party B immediately in writing:






	 	(i)	 	if there is any change in its name, addresses, legal
representatives, contact details or other related matters;
	 
	 	(ii)	 	if there is any change in its senior management, articles of
associations or corporate structure;
	 
	 	(iii)	 	if its financial status deteriorates or it encounters
production and operation difficulties or is involved in any material claims or
arbitrations;
	 
	 	(iv)	 	if it discontinues its business, or in liquidation,
receivership or other insolvency proceedings, or in corporate restructuring;
	 
	 	(v)	 	if its business licence is revoked or suspended or it is forced
to be closed or dissolved; or
	 
	 	(vi)	 	any other matters which may affect Party A’s ability to perform
its guarantee obligations under the Agreement.






	 	(d)	 	Party A shall inform Party B in writing 15 days in advance and obtain Party B’s
written consent in the event of any following situation:






	 	(i)	 	if there is any material change in Party A’s capital structure
or corporate formation; or
	 
	 	(ii)	 	Party A undertakes to guarantee obligations for other third
parties or mortgage or pledge its assets for its own or other third parties’
interests which may affect its ability to perform its obligations under this
Agreement.






	5.	 	The Maximum Guaranteed Amount will be determined upon the occurrence of the following:






	 	(a)	 	at the end of the Period of Guarantee as specified under clause 1 of the
Agreement or at an earlier date determined by Party B pursuant to relevant rules and
regulations or other provisions of the Agreement. In any event of default under the
Main Agreements by Jiangxi LDK or this Agreement by Party A, Party B is entitled to
accelerate the Period of Guarantee;
	 
	 	(b)	 	additional Debts cannot be incurred;
	 
	 	(c)	 	Jiangxi LDK or Party A declares bankruptcy or is forced to close; or




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	 	(d)	 	determination by operation of law.






	6.	 	(a) 	Party B is entitled to call upon Party A’s obligations in the following situations (where
Party A fails to fully satisfy its obligations under this Agreement, Party B, in its sole
discretion, determines the allocation of the repayment against the principal amounts,
interests accrued, damages, expenses or other fees) :






	 	(i)	 	Party B is not fully paid when each obligation under the Main
Agreements is due;
	 
	 	(ii)	 	upon the death of Party A, or if Party A is declared missing or
becomes incapacitated;
	 
	 	(iii)	 	any default by Party A under the Agreement; or
	 
	 	(iv)	 	other material factors which may affect Party A’s ability to
perform its guarantee obligations under the Agreement.






	 	(b)	 	Where any Debts are otherwise secured by collaterals from Jiangxi LDK, Party B is entitled to call
upon Party A’s guarantee obligations without regard to any such security interests.






	7.	 	(a) 	From the effective date of this Agreement, Party B shall compensate Party A for losses
caused by Party B’s default under this Agreement.






	 	(b)	 	Party A shall pay 30% of the balance of Maximum Guaranteed Amount as default
payment, concurrently with any compensation for actual losses caused, in the following
situations:






	 	(i)	 	this Agreement was not duly authorized and executed;
	 
	 	(ii)	 	Party A fails to provide true, complete and timely financial
reports, articles of association or other related information as specified
under this Agreement; or
	 
	 	(iii)	 	Party A fails to inform Party B or obtain consent from Party B
as required by clause (5) & (6) of the Agreement; or
	 
	 	(iv)	 	any other default by Party A which may affect Party B’s
creditor rights under this Agreement and Main Agreements.






	8.	 	The parties shall resolve all disputes arising from or in connection with the Agreement
through consultation or either party is entitled to submit the disputes to the people’s court
where Party B’s branch office sits.
	 
	9.	 	This Agreement shall become effective upon the signing by the legal representatives or
authorized representatives of the respective parties and fixing hereunto the respective
corporate seal.




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Party A




Xiaofeng Peng




Xiaofeng Peng (sealed)




 




Party B




Agricultural
Bank of China Xinyu Branch




Agricultural
Bank of China Xinyu Branch (sealed)




Jiangxi LDK’s acknowledgement of receipt of the Guarantee Agreement




Jiangxi LDK Solar Hi-Tech Co., Ltd.




Jiangxi
LDK Solar Hi-Tech Co., Ltd. (sealed)




Date: February 23, 2009





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