Common use of Notices and Information Clause in Contracts

Notices and Information. All communications hereunder or under the Warrants shall be in writing and shall be delivered either by certified or registered mail, postage pre-paid, return receipt requested, email or nationally recognized overnight courier, and shall be addressed to the following addresses: (a) if to a Holder, at its address set forth on Annex 2 to this Agreement, or at such other address as such Holder shall have specified to the Company in writing; (b) if to any other holder of any Warrant Certificate, addressed to such other holder at such address as such other holder shall have specified to the Company in writing or, if any such other holder shall not have so specified an address to the Company, then addressed to such other holder in care of the last holder of such Warrant Certificate that shall have so specified an address to the Company; and (c) if to the Company, at the address set forth on Annex 3 to this Agreement, or at such other address as the Company shall have specified to each holder of Warrants in writing. Any communication addressed and delivered as herein provided shall be deemed to be received when actually delivered to the address of the addressee (whether or not delivery is accepted) by a nationally recognized overnight delivery service which provides proof of delivery or on the date postmarked if sent by registered or certified mail or upon receipt by the recipient’s email server if directed to the email address provided in the notice section hereof, as the case may be. Any communication not so addressed and delivered shall be ineffective unless actually received by the intended addressee. Notwithstanding the foregoing provisions of this Section 6.6, service of process in any suit, action or proceeding arising out of or relating to this Agreement or any document, agreement or transaction contemplated hereby shall be delivered in the manner provided in Section 6.9(c). Upon exercise of any Warrant pursuant to the terms hereof, the Company will use commercially reasonable efforts to answer a limited number of reasonable questions and provide a limited amount of reasonable documentation regarding any non-confidential information supporting its calculation of Fully Diluted Common Stock and the related shares of Common Stock issuable for the Denomination of such Warrant being exercised.

Notices and Information. All communications hereunder or under the Warrants shall be in writing and shall be delivered either by certified or registered mail, postage pre-paid, return receipt requested, email email, facsimile or nationally recognized overnight courier, and shall be addressed to the following addresses: (a) if to a Holderthe Purchaser, at its address set forth on Annex 2 2-A to this Agreement, or at such other address as such Holder Purchaser shall have specified to the Company in writing; (b) if to any other holder of any Warrant Certificate, addressed to such other holder at such address as such other holder shall have specified to the Company in writing or, if any such other holder shall not have so specified an address to the Company, then addressed to such other holder in care of the last holder of such Warrant Certificate that shall have so specified an address to the Company; and (c) if to the Company, at the address set forth on Annex 3 2-B to this Agreement, or at such other address as the Company shall have specified to each holder of Warrants in writing. Any communication addressed and delivered as herein provided shall be deemed to be received when actually delivered to the address of the addressee (whether or not delivery is accepted) by (i) a nationally recognized overnight delivery service which provides proof of delivery or on three (3) Business Days after the date on which postmarked if sent by registered or certified mail or (ii) upon receipt by the recipient’s facsimile system or email server ((A) if received before the opening of business on a Business Day or received during business hours on a Business Day, receipt shall be deemed to have occurred on such date and (B) if received after the close of business hours or on any day that is not a Business Day, receipt shall be deemed to have occurred on the next succeeding Business Day) if directed to the facsimile number or email address provided in the notice section hereof, as the case may be. Any communication not so addressed and delivered shall be ineffective unless actually received by the intended addresseeaddressee as provided above. Notwithstanding the foregoing provisions of this Section 6.67.5, service of process in any suit, action or proceeding arising out of or relating to this Agreement or any document, agreement or transaction contemplated hereby shall be delivered in the manner provided in Section 6.9(c7.8(c). Upon exercise of any Warrant pursuant to the terms hereof, the Company will use commercially reasonable efforts to answer a limited number of reasonable questions and provide a limited amount of reasonable documentation regarding any non-confidential information supporting its calculation of Fully Diluted Common Stock and the related shares of Common Stock issuable for the Denomination of such Warrant being exercised.

Notices and Information. All communications hereunder or under the Warrants shall be in writing and shall be delivered either by certified or registered mail, postage pre-paid, return receipt requested, email or nationally recognized overnight courier, and shall be addressed to the following addresses: (a) if to a HolderPurchaser, at its address set forth on Annex 2 to this Agreement, or at such other address as such Holder Purchaser shall have specified to the Company in writing; (b) if to any other holder of any Warrant Certificate, addressed to such other holder at such address as such other holder shall have specified to the Company in writing or, if any such other holder shall not have so specified an address to the Company, then addressed to such other holder in care of the last holder of such Warrant Certificate that shall have so specified an address to the Company; and (c) if to the Company, at the address set forth on Annex 3 to this Agreement, or at such other address as the Company shall have specified to each holder of Warrants in writing. Any communication addressed and delivered as herein provided shall be deemed to be received when actually delivered to the address of the addressee (whether or not delivery is accepted) by a nationally recognized overnight delivery service which provides proof of delivery or on the date postmarked if sent by registered or certified mail or upon receipt by the recipient’s email server if directed to the email address provided in the notice section hereof, as the case may be. Any communication not so addressed and delivered shall be ineffective unless actually received by the intended addressee. Notwithstanding the foregoing provisions of this Section 6.66.5, service of process in any suit, action or proceeding arising out of or relating to this Agreement or any document, agreement or transaction contemplated hereby shall be delivered in the manner provided in Section 6.9(c6.8(c). Upon exercise of any Warrant pursuant to the terms hereof, the Company will use commercially reasonable efforts to answer a limited number of reasonable questions and provide a limited amount of reasonable documentation regarding any non-confidential information supporting its calculation of Fully Diluted Common Stock and the related shares of Common Stock issuable for the Denomination of such Warrant being exercised.

Notices and Information. All communications (a) Each Secured Obligation Representative hereby agrees to give the Collateral Agent and each other Secured Obligation Representative prompt written notice of the occurrence of (i) any Event of Default under such Person’s Secured Obligation Documents of which such Person has written notice, and (ii) any acceleration of the maturity of such Person’s Secured Obligations under such Person’s Secured Obligation Documents wherein such Person’s Secured Obligations have been declared to be or have automatically become due and payable earlier than the scheduled maturity thereof or termination date thereunder and setting forth the aggregate amount of Secured Obligations that have been so accelerated under such Secured Obligation Documents, in each case, as soon as practicable after the occurrence thereof (and, in any event, within five Business Days after the occurrence thereof); provided, however, that the failure to provide such notice shall not limit or impair the rights of the Secured Parties, or the obligations of the Borrower or any other Grantor, hereunder or under the Warrants other Secured Obligation Documents. No Secured Obligation Representative shall be in writing and shall be delivered either by certified deemed to have knowledge or registered mailnotice of the occurrence of a Event of Default under the Secured Obligation Documents, postage pre-paidother than the Secured Obligation Documents to which it is a party, return receipt requesteduntil such Secured Obligation Representative has received a written notice of such Event of Default from the Collateral Agent, email a Secured Obligation Representative, the Borrower, the other Grantors or nationally recognized overnight courier, and shall be addressed to the following addresses: (a) if to a Holder, at its address set forth on Annex 2 to this Agreement, any other Secured Party for whom such Secured Obligation Representative is acting as agent or at such other address as such Holder shall have specified to the Company in writing;trustee. (b) if The Collateral Agent hereby agrees to give each other Secured Obligation Representative written notice of the occurrence of an Event of Default following receipt thereof of written notice to it and provide a copy of all other information provided to it by the Borrower, any other holder of any Warrant Certificate, addressed to such other holder at such address as such other holder shall have specified to Grantor or the Company in writing or, if any such other holder shall not have so specified an address to Depositary Bank under the Company, then addressed to such other holder in care of the last holder of such Warrant Certificate that shall have so specified an address to the Company; andSecured Obligation Documents upon request. (c) if Upon the written request of the Collateral Agent, each Secured Party (or its Secured Obligation Representative) shall promptly (and, in any event, within five Business Days) give the Collateral Agent written notice of the aggregate amount of the Secured Obligations then outstanding owed by the Borrower to such Secured Party under the applicable Secured Obligation Documents and any other information that the Collateral Agent may reasonably request. (d) Each of the Secured Parties shall be responsible for keeping themselves informed of (i) the financial condition of the Borrower and its Affiliates and all endorsers and/or guarantors of the Secured Obligations and (ii) all other circumstances bearing upon the risk of nonpayment of the Secured Obligations. The Secured Parties shall have no duty to advise any other Secured Parties of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that any of the Secured Parties, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Secured Party, it or they shall be under no obligation: (i) to make, and such Secured Party shall not make, any express or implied representation or warranty, including with respect to the Companyaccuracy, at the address set forth on Annex 3 to this Agreementcompleteness, truthfulness or at such other address as the Company shall have specified to each holder of Warrants in writing. Any communication addressed and delivered as herein provided shall be deemed to be received when actually delivered to the address of the addressee (whether or not delivery is accepted) by a nationally recognized overnight delivery service which provides proof of delivery or on the date postmarked if sent by registered or certified mail or upon receipt by the recipient’s email server if directed to the email address provided in the notice section hereof, as the case may be. Any communication not so addressed and delivered shall be ineffective unless actually received by the intended addressee. Notwithstanding the foregoing provisions of this Section 6.6, service of process in any suit, action or proceeding arising out of or relating to this Agreement or any document, agreement or transaction contemplated hereby shall be delivered in the manner provided in Section 6.9(c). Upon exercise validity of any Warrant such information so provided; (ii) to provide any additional information or to provide any such information on any subsequent occasion; (iii) to undertake any investigation; or (iv) to disclose any information, which pursuant to the terms hereofaccepted or reasonable commercial finance practices, the Company will use commercially reasonable efforts such party wishes to answer a limited number of reasonable questions and provide a limited amount of reasonable documentation regarding any non-maintain confidential information supporting its calculation of Fully Diluted Common Stock and the related shares of Common Stock issuable for the Denomination of such Warrant being exercisedor is otherwise required to maintain confidential. SUNTECH Initials & Date /s/ZS HOKU Initials & Date /s/DS 6/13/2007 APPENDIX 8 TO SUPPLY AGREEMENT [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.