Capacity Sharing Arrangement. (a) Equal right to capacity. Subject to Section 6.3(c), each of the Parties will have the right and obligation, through Flash Partners, to utilize 50% of the wafers produced at the Y3 Facility based on a measure of equivalent lots out per week with the equivalency being weighed based on the process complexity factors (as calculated by a formula to be mutually determined by the Parties) of the Y3 NAND Flash Memory Products.
Capacity Sharing Arrangement. (a) Each of the Members through Newco will have the right and obligation to utilize 50% of Module II's manufacturing capacity based on a measure of equivalent wafer starts per day with the equivalency being weighed based on the process complexity factors (as * INDICATES THAT CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO RULE 24b-2. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. calculated by a formula to be mutually determined by the Parents) of the Products being produced for such Members. Where the Members purchase the same output volume (up to and including 50% of the DSC Target Capacity) for equivalent NAND Flash Memory Products supplied by Newco, the Members will pay the same purchase price per die or packaged unit. If a Member is unable to utilize 50% of the U.S. Foundry Parties' manufacturing capacity for NAND Flash Memory Products, such Member may contract with Newco to utilize its surplus capacity to manufacture such Member's proprietary products, including but not limited to controllers or Flash Memory products that are not NAND Flash Memory Products, PROVIDED, THAT, such Member installs the necessary process technology and bears all incremental costs (measured as incremental costs above DSC Cost at the then-current DSC maximum capacity) associated with the adverse impact on the manufacture of NAND Flash Memory Products. If either Member is unable to use its allocated capacity, the Members may negotiate the terms of a transfer of such capacity shortfall to the Member not experiencing such shortfall. To the extent that a Member is not able to utilize excess capacity or transfer such capacity to the other Member, the Member experiencing such shortfall will bear the incremental cost increase to the Member not experiencing a shortfall (or pay to Newco an under-utilization fee in accordance with a formula to be mutually determined by the parties).
(b) Each Member may use a portion of its total allocated capacity to cause to be manufactured (in the case of SanDisk, at DSC) NAND Flash Memory Products which are proprietary to that Member ("PROPRIETARY NAND FLASH MEMORY PRODUCTS") and which need not be shared with the other Member. Any adverse incremental costs (measured as incremental costs above DSC Cost at the then-current DSC maximum capacity) associated with the manufacture and production of such Proprietary NAND Flash Memory will be borne by the initiating Memb...
Capacity Sharing Arrangement. 16 SECTION 6.05 Creation of Management Committee ......................... 18 SECTION 6.06 Personnel ................................................ 21 SECTION 6.07 Non-solicitation of Employees ............................ 22 SECTION 6.08 External Financing; Additional Equipment ................. 23
Capacity Sharing Arrangement. (a) Equal right to Joint Venture capacity. Each of the Parties will have the right and obligation, through Flash Forward, to utilize fifty percent (50%) of the JV Space products, on an Equivalent Lot basis. The actual monthly NAND Flash Memory Product lot output from the Y5 Facility shall be allocated between Toshiba and SanDisk, as applicable, based on the Y5 NAND Capacity Ratio.
Capacity Sharing Arrangement. (a) Equal right to capacity. Subject to Section 6.3(c), each of the Parties will have the right and obligation, through Flash Partners, to utilize 50% of the wafers produced [***] INDICATES THAT CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO RULE 24B-2. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. at the Y3 Facility based on a measure of equivalent lots out per week with the equivalency being weighed based on the process complexity factors (as calculated by a formula to be mutually determined by the Parties) of the Y3 NAND Flash Memory Products.
Capacity Sharing Arrangement. (a) Equal right to capacity. Subject to Section 6.5(c), each of the Parties will have the right and obligation, through Flash Alliance, to utilize 50% of the wafers produced at the Y4 Facility based on a measure of equivalent lots out per week * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. EXHIBIT 10.1 FOIA Confidential Treatment Requested Execution Version with the equivalency being weighed based on the process complexity factors (as calculated by a formula to be mutually determined by the Parties) of the Y4 NAND Flash Memory Products.
Capacity Sharing Arrangement
