Exhibit 4.78
Loan Agreement
This Loan Agreement (this “Agreement”) is executed by and between the following parties in Beijing, the People’s Republic of China (“China”) on January 29, 2024:
Party A (the “Lender”): Beijing iQIYI Optical Era Technology Co., Ltd.; and
Party B (the “Borrower”): WANG Xiaohui, ID Card No. ***
Whereas,
Therefore, the two Parties reach the following agreement through friendly negotiation to specify their rights and obligations:
In accordance with the terms and conditions provided in this Agreement, the Lender agrees to lend the Borrower with an interest-free loan amounting to RMB 50 million (RMB 25,000,000.00), and the Borrower agrees to accept the aforesaid loan.
Both Parties hereby agree and acknowledge that unless this Agreement provides otherwise, the loan hereunder shall bear no interest. However, when the loan becomes due and the Borrower transfers his/her shares to the Lender or its designated entities in the manner of repayment provided by this Agreement, if the actual price for share transfer is higher than the principal of the loan to the Borrower because of the requirements of the laws or other reasons, the difference between the transfer price and the principal shall be deemed interest or capital occupation expense, and shall be paid to the Lender together with the principal.
Unless this Agreement provides otherwise, both Parties shall respectively pay their respective taxes and expenses regarding this Agreement pursuant to relevant laws and regulations. All the other taxes and reasonable expenses relating to the loan shall be borne by the Lender.
Any notice or other communication sent by either Party hereunder shall be made in writing, and sent by personal delivery, letter or fax to the following address of the other Party or to other addresses designated by the other Party by notice from time to time. The notice shall be deemed serviced (a) in case of personal delivery, when it is delivered; (b) in case of letter, on the seventh (7th) day after it is mailed by the airmail with postage paid, or on the fourth (4th) day after it is posted with the express delivery recognized internationally; and (c) in case of fax, at the time shown on the transmission confirmation of relevant documents.
the Lender: Beijing iQIYI Optical Era Technology Co., Ltd.
Address: 3/F, iQIYI Youth Center Yoolee Plaza, No.21, North Road of Workers’ Stadium, Chaoyang District Beijing
Postal code: 100027
Tel: ***
Fax: ***
the Borrower: WANG Xiaohui
Address: ***
Postal code: ***
Tel: ***
Fax: ***
The execution, validity, performance and interpretation of and the dispute resolution regarding this Agreement shall be governed by the laws of China. Any dispute arising from performance hereof or relating to this Agreement shall be resolved by the Parties through friendly negotiation. If the dispute fails to be resolved through negotiation, either Party may submit the dispute to China International Economic and Trade Arbitration Commission for arbitration pursuant to the arbitral rules then effective of such arbitration institution. The place of arbitration shall be Beijing, the language of arbitration shall be Chinese, and the arbitration award shall be final and shall have binding force upon all the parties. Except for the part submitted to arbitration, the other parts of this Agreement shall remain effective. The effectiveness of this article is not affected by any change, rescission or termination of this Agreement.
In witness whereof, this Agreement is entered into by both Parties or their legal representatives or authorized representatives on the date first written above.
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[Signature page for the Loan Agreement]
Party A: Beijing iQIYI Optical Era Technology Co., Ltd. (seal)
[Company seal is affixed]
Signature by Legal Representative / Authorized Representative: /s/ Authorized Signatory
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Party B: WANG Xiaohui | ||
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Signature: | /s/ WANG Xiaohui |