exhibit1059.htm


Exhibit 10.59


 












Amendment Letter







August 31, 2012













	
Via fax (at 86-21-3418-5100)


 


To:First Honest Enterprises Limited


c/o SMS Marketing Service (Asia) Co., Ltd.


New Caohejing International Business Centre


4th Floor, Building B


391 Guiping Road


Shanghai, People’s Republic of China 200233


 


Attention:  Legal Counsel


 


 

	
Via fax (at 86-21-3418-5028 - 31157)


 


To:Perfect Legend Development Limited


New Caohejing International Business Centre


Room #502, Building B


391 Guiping Road


Shanghai, People’s Republic of China 200233


 


Attention:  Legal Counsel


	
Via fax (at 86-21-3418-5100)


 


Cc:SMS Marketing Service (Asia) Co., Ltd.


New Caohejing International Business Centre


4th Floor, Building B


391 Guiping Road


Shanghai, People’s Republic of China 200233


 


Attention:  Chief Financial Officer


 

	
Via fax (at 1-817-415-6593)


 


Cc:RadioShack Corporation


300 RadioShack Circle, Mail Stop CF4-101


Fort Worth, Texas USA 76102


 


Attention:  General Counsel


 













	
Re:

	
Joint Venture Agreement, dated June 6, 2012, by and between RadioShack Global Sourcing (Hong Kong) Ltd., First Honest Enterprises Limited and Perfect Legend Development Limited (the “Joint Venture Agreement”)












Ladies and Gentlemen,







This Amendment Letter is a variation of the Joint Venture Agreement, prepared in writing in accordance with clause 24.1 thereof.  Capitalized terms used herein shall have the same meanings as given to them in the Joint Venture Agreement.







The parties to the Joint Venture Agreement agree as follows:








	
1.

	
The reference to “July 31, 2012” in clause 3.2 of the Joint Venture Agreement is hereby amended to refer instead to “October 15, 2012”.













	
2.

	
With reference to clause 4.2 of the Joint Venture Agreement, each of RSH and Cybermart shall use all reasonable endeavors to cause the Conditions applicable to such party to be satisfied as soon as practicable and in any event no later than 6:00 p.m., Hong Kong time, on October 15, 2012, or where a later date has been agreed in writing by RSH and Cybermart, on that date.













	
3.

	
The reference to “August 31, 2012” in clause 4.5 of the Joint Venture Agreement is hereby amended to refer instead to “November 15, 2012”.







 


 




  





1











  






 




 



	
4.

	
The foregoing paragraphs 1 to 3 contain the only amendments or variations to the Joint Venture Agreement that are implemented by this Amendment Letter.  All other provisions of the Joint Venture Agreement shall remain in full force and effect, without any amendment or variation.













	
5.

	
This Amendment Letter may be executed in any number of counterparts, each of which is an original and which together have the same effect as if each party had signed the same document.













	
6.

	
This Amendment Letter is governed by and construed in accordance with the law of Hong Kong.












Please signify your acceptance and agreement to the foregoing by affixing the signatures of your respective authorized representatives in the spaces provided below.







 




	 	 Very truly yours,
	 	 RadioShack Global Sourcing (Hong Kong) Ltd.
	 	 
	 	 By:           /s/James F. Gooch                                                                
	 	 Name:      James F. Gooch
	 	 Title:        President and Chief Executive Officer
	 	 
	 Accepted and agreed by:	 
	 	 
	 For and on behalf of	 
	 First Honest Enterprises Limited	 
	 	 
	 Signed by:         /s/Jui Lim Chang	 
	
 Name:              Jui Lim Chang

	 
	 Title:                Director	 
	 Date:               31 August 2012	 
	 	 
	 	 
	 For and on behalf of	 
	 Perfect Legend Development Limited	 
	 	 
	 Signed by:        /s/Jui Lim Chang	 
	 Name:             Jui Lim Chang	 
	 Title:               Director	 
	 Date:               31 August 2012	 





 




 






















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