SUNPOWER CORPORATION. Attn: Warranty Claims Processing 51 Rio Xxxxxx San Jose, CA 95134
SUNPOWER CORPORATION. By: /s/ Xxx Xxxx Title: Chief Financial Officer AGREED AND ACCEPTED: HOLDER: CYPRESS SEMICONDUCTOR CORPORATION By: /s/ Xxxx X. Xxxxx Title: Vice President, Treasurer SCHEDULE 1 To Line of Credit Note DATE ADVANCE FUNDED PRINCIPAL AMOUNT OF ADVANCE COMPANY ACKNOWLEDGMENT HOLDER ACKNOWLEDGMENT 03/03/03 530,862.00 04/01/03 600,000.00 04/23/03 860,000.00 06/10/03 1,500,000.00 07/09/03 1,100,000.00 08/07/03 6,300,000.00 09/10/03 4,600,000.00 10/22/03 7,600,000.00 1/26/04 5,500,000.00 EXHIBIT A SUNPOWER CORPORATION - EXISTING SENIOR INDEBTEDNESS None. EXHIBIT B Warrant THE SECURITIES REPRESENTED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933. SUCH SECURITIES AND ANY SECURITIES OR SHARES ISSUED HEREUNDER MAY NOT BE SOLD OR TRANSFERRED IN THE ABSENCE OF SUCH REGISTRATION OR AN EXEMPTION THEREFROM UNDER SAID ACT. COPIES OF THE AGREEMENT COVERING THE PURCHASE OF THESE SECURITIES AND RESTRICTING THEIR TRANSFER OR SALE MAY BE OBTAINED AT NO COST BY WRITTEN REQUEST MADE BY THE HOLDER OF RECORD HEREOF TO THE SECRETARY OF THE COMPANY AT ITS PRINCIPAL EXECUTIVE OFFICES. No. WC- 4,285,715 shares WARRANT TO PURCHASE COMMON STOCK OF SUNPOWER CORPORATION
SUNPOWER CORPORATION. 3000 XXXXX XXXXX XXXXXX, XXX XXXX, XXXXXXXXXX 00000. XXXXXX XXXXXX (XXX). By: /s/ TXXXXX X. XXXXXX Print Name: Txxxxx X. Xxxxxx Title: CEO Date: 8th FEBRUARY 2008 JUPITER: JUPITER CORPORATION LTD. RX 0000-0 00X, XXX XXXXXXX HOUSE. 90-000 XXXX XXX XXXXXX. XXXXXXX. XXXX XXXX (HK). By: /s/ I. S. SXXXX Print Name: I. S. Sxxxx Title: CEO Date: 8th FEBRUARY 2008 EXHIBIT A POLYSILICON ANTICIPATED DELIVERY SCHEDULE AND PRICING Start of January – 2010 ***mt $***/kilogram 2011 ***mt $***/kilogram 2012 ***mt $***/kilogram 2013 ***mt $***/kilogram 2014 ***mt $***/kilogram 2015 ***mt $***/kilogram 2016 ***mt $***/kilogram *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. EXHIBIT B Electrical Costs: No price adjustments will be made for increases in electrical costs for 2010 and 2011. Annual price adjustments for 2012 onwards will be based solely on *** and negotiated through good faith discussions 6 months prior to the start of each such year. Labor Cost Inflation: No price adjustments will be made for increases in labor costs for 2010 and 2011. Annual price adjustments for 2012 onwards will be based solely on *** and negotiated through good faith discussions 6 months prior to the start of each such year. Raw Material Cost Inflation: No price adjustments will be made for increases in raw material costs for 2010 and 2011. Annual price adjustments for 2012 onwards will be based solely on *** and negotiated through good faith discussions 6 months prior to the start of each such year. _______________________________________________________________________ *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION.
SUNPOWER CORPORATION. THIS CERTIFIES that Sol Holding, LLC or any transferee, assignee or other subsequent holder hereof (“Holder”) has the right to purchase from SunPower Corporation, a Delaware corporation (the “Company”), 33,402,112 fully paid and nonassessable shares of the Company’s common stock, $0.001 par value per share (“Common Stock”), subject to adjustment as provided herein, at a price equal to the Exercise Price as defined in Section 3 below, at any time during the Term (as defined below). The Holder agrees with the Company that this Warrant to Purchase Common Stock of the Company (this “Warrant” or this “Agreement”) is issued and all rights hereunder shall be held subject to all of the conditions, limitations and provisions set forth herein.
SUNPOWER CORPORATION as the supplier of trackers; and
SUNPOWER CORPORATION. By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: EVP & CFO Appendix Details of Pledged Shares WOONGJIN ENERGY CO., LTD. Shareholder Type of Shares Number of Shares Sunpower Corporation Ordinary 19,398,510 shares of common stock; representing 31.24% of all issued and outstanding shares of the Company EXHIBIT B
SUNPOWER CORPORATION. 0000 Xxxxx Xxxxx Xxxxxx Xxx Xxxx, Xxxxxxxxxx 00000 Attention: General Counsel
SUNPOWER CORPORATION has the requisite corporate power and authority to enter into this Agreement, consummate each of the transactions contemplated hereby, and perform all of the terms and conditions hereof to be performed by SunPower Corporation. The execution, delivery and performance by SunPower Corporation of this Agreement and the consummation of the transactions contemplated hereby have been duly authorized by all requisite corporate action on the part of SunPower Corporation under its Charter Documents.
SUNPOWER CORPORATION. This Ingot and Wafer Supply Agreement (this “Agreement”) is made on December 3rd, 2007 (the “Effective Date”) between JIAWEI SolorChina Co., LTD, a Chinese company with registered address as Unit 1816 18/F Star House, NO. 3 Salisbury Road, Tsimshatsui Kowloon, Hong (hereafter referred to as “Jiawei”); and SunPower Corporation, a company with registered address 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, Xxxxxxxxxx 00000, XXX (hereafter referred to as “SunPower”).
SUNPOWER CORPORATION. (Switzerland), Ltd., a Swiss entity and wholly owned subsidiary of SunPower Technology, Ltd.;
