- Report of Foreign Issuer (6-K)
December 23 2010 - 8:23AM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
REPORT OF FOREIGN PRIVATE ISSUER
PURSUANT TO RULE 13a-16 OR 15d-16
UNDER THE SECURITIES EXCHANGE ACT OF
1934
December 23, 2010
Commission File Number: 000-30134
CDC CORPORATION
(Translation of Registrants name into English)
Cayman Islands
(Jurisdiction of incorporation or organization)
11/F, ING Tower
308 Des Voeux Road Central
Hong Kong
(Address of
Principal Executive Offices)
Indicate by check mark whether the registrant files or will file annual reports under cover Form 20-F or Form 40-F:
x
Form
20-F
¨
Form 40-F
Indicate by check mark if the registrant
is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1):
¨
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7):
¨
Indicate by check mark whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information
to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934:
¨
Yes No
x
If Yes is marked, indicate below the file number assigned to the registrant in
connection with Rule 12g3-2(b):
n/a
Amendment to Services Agreement.
On August 6, 2009, CDC Corporation (the Company) and CDC Software Corporation (Software) entered into a Services Agreement, as amended by that certain Addendum No. 1 to
Services Agreement on May 28, 2010 (as amended, the Services Agreement), whereby Software and the Company became obligated to provide certain services to each other as long as the agreement remains in effect.
The Services Agreement was further amended by Addendum No. 2 to Services Agreement (the Addendum), effective October 1, 2010,
permitting the Company to charge, upon agreement of the parties, an amount equal to either: (i) the cost incurred by the Company to provide the Additional Parent Services (as defined in the Services Agreement), or (ii) the costs incurred
by the Company to provide the Additional Parent Services (as defined in the Services Agreement) plus such commercially reasonable amount that (a) yields a gross margin of approximately 25% or (b) may be negotiated between the parties in
good faith.
A copy of the Addendum is attached hereto as Exhibit 99.1, and the foregoing description of the Addendum is qualified in its
entirety by reference to such document.
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Exhibit
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Description
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99.1
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Addendum No. 2 to Services Agreement effective as of October 1, 2010 by and between CDC Software Corporation and CDC Corporation
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
Date: December 23, 2010
CDC CORPORATION
By:
/s/ Donald L. Novajosky
Name: Donald L. Novajosky
Title: Vice President and Associate General Counsel
EXHIBIT INDEX
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Exhibit
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Description
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99.1
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Addendum No. 2 to Services Agreement effective as of October 1, 2010 by and between CDC Software Corporation and CDC Corporation
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