INDEMNITY AGREEMENTIndemnity Agreement • April 28th, 2005 • Hoku Scientific Inc • Delaware
THIS AGREEMENT is made and entered into this day of , 20 by and between HOKU SCIENTIFIC, INC., a Delaware corporation (the “Corporation”), and (“Agent”).
CREDIT AGREEMENT Dated as of February 24, 2012 between HOKU CORPORATION as Borrower, and CHINA MERCHANTS BANK CO., LTD., NEW YORK BRANCH as LenderCredit Agreement • February 29th, 2012 • Hoku Corp • Miscellaneous electrical machinery, equipment & supplies • New York
This CREDIT AGREEMENT dated as of February 24, 2012 (as the same may be amended, restated or otherwise modified from time to time, the “Credit Agreement”) between HOKU CORPORATION (the “Borrower”) and CHINA MERCHANTS BANK CO., LTD., NEW YORK BRANCH (the “Lender”).
4,200,000] Shares1 Hoku Scientific, Inc. Common Stock, Par Value $0.001 Per Share PURCHASE AGREEMENTPurchase Agreement • July 29th, 2005 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • Minnesota
Hoku Scientific, Inc., a Delaware corporation (the “Company”), proposes to sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [4,200,000] shares (the “Firm Shares”) of Common Stock, $0.001 par value per share (the “Common Stock”), of the Company. The Company has also granted to the several Underwriters an option to purchase up to [630,000] additional shares of Common Stock on the terms and for the purposes set forth in Section 3 hereof (the “Option Shares”). The Firm Shares and any Option Shares purchased pursuant to this Purchase Agreement are herein collectively called the “Securities.”
* ] = 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 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. MEMBRANE & MEA...Mea Purchase Agreement • August 3rd, 2005 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • California
This Membrane & MEA Purchase Agreement (“Agreement”) is effective this 1st day of September, 2004, by and between Hoku Scientific, Inc., a Hawaii corporation located at 2153 North King Street, Suite 300, Honolulu, Hawaii 96819 USA (“HOKU”), and Nissan Motor Co., Ltd. located at 2 Takara-cho, Kanagawa-ku, Yokohama, Kanagawa 220-8623 Japan (“NISSAN” and, together with HOKU, the “Parties”).
SECURITY AGREEMENTSecurity Agreement • July 6th, 2005 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • Hawaii
THIS SECURITY AGREEMENT (Security Agreement) made this 9th day of June, 2005, by and between HOKU SCIENTIFIC, INC., a Delaware corporation (hereafter called the Debtor), and CENTRAL PACIFIC BANK, a Hawaii corporation (hereafter called the Secured Party),
* ] = 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 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. MEA ENGINEERING...Mea Engineering Agreement • August 3rd, 2005 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • California
This MEA Engineering Agreement (“Agreement”) is effective this 1st day of September, 2004, by and between Hoku Scientific, Inc., a Hawaii corporation located at 2153 North King Street, Suite 300, Honolulu, Hawaii 96819 USA (“HOKU”), and Nissan Motor Co., Ltd. located at 2 Takara-cho, Kanagawa-ku, Yokohama, Kanagawa 220-8623 Japan (“NISSAN” and, together with HOKU, the “Parties”).
= 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 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. AGREEMENTAgreement • August 3rd, 2005 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • Hawaii
This AGREEMENT is effective this 17th day of March, 2003, by and between Hoku Scientific, Inc. (“HOKU”), whose address is 2153 North King Street, Suite 306, Honolulu, Hawaii 96819, United States of America, and Sanyo Electric Company, Ltd. (“SANYO”), whose address is 1-18-13, Hashiridani Hirakata-City, Osaka 573-8534, Japan. HOKU and SANYO are sometimes referred to herein individually as a “Party” and collectively as “the Parties”.
INVESTOR RIGHTS AGREEMENT dated as of December 22, 2009 between TIANWEI NEW ENERGY HOLDINGS CO., LTD. and HOKU SCIENTIFIC, INC.Investor Rights Agreement • December 31st, 2009 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • New York
INVESTOR RIGHTS AGREEMENT (this “Agreement”) dated as of December 22, 2009 between Tianwei New Energy Holdings Co., Ltd., a corporation organized under the laws of the People’s Republic of China (“Investor”) and Hoku Scientific, Inc., a Delaware corporation (the “Company”).
* ] = 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 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. COLLABORATION...Collaboration Agreement • August 3rd, 2005 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • California
This Collaboration Agreement (“Agreement”) is effective this 22nd day of March, 2005, by and between HOKU SCIENTIFIC, INC., a Delaware corporation located at 2153 North King Street, Suite 300, Honolulu, Hawaii 96819 USA (“HOKU”), and NISSAN MOTOR CO., LTD., located at 2 Takara-cho, Kanagawa-ku, Yokohama, Kanagawa 220-8623 Japan (“NISSAN” and, together with HOKU, the “Parties”).
FORM OF SECURITY AGREEMENTForm of Security Agreement • December 31st, 2009 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • New York
SECURITY AGREEMENT (this “Agreement”) dated as of December 22, 2009 between HOKU MATERIALS, INC., a Delaware corporation (together with its successors and assigns, “HOKU”) and TIANWEI NEW ENERGY (CHENGDU) WAFER CO., LTD., a People’s Republic of China company (together with its successors and assigns, “TIANWEI”).
* ] = 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 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. AMENDED AGREEMENTAmended Agreement • August 3rd, 2005 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • Hawaii
This AMENDED AGREEMENT (“Agreement”) is effective this 30th day of September, 2004, by and between Hoku Scientific, Inc. (“HOKU”), whose address is 2153 North King Street, Suite 300, Honolulu, Hawaii 96819, United States of America, and Sanyo Electric Company, Ltd. (“SANYO”), whose address is 1-18-13, Hashiridani Hirakata-City, Osaka 573-8534, Japan. HOKU and SANYO are sometimes referred to herein individually as a “Party” and collectively as “the Parties”.
HOKU SCIENTIFIC, INC. AMENDMENT TO STOCK RESTRICTION AGREEMENTStock Restriction Agreement • April 28th, 2005 • Hoku Scientific Inc
This Amendment to the Stock Restriction Agreement is made as of July 16, 2003 by and among Hoku Scientific, Inc., a Hawaii corporation (the “Company”) and Karl M. Taft III (the “Shareholder”), and amends that certain Stock Restriction Agreement dated as of June 21, 2002 by and between the Company and the Shareholder (the “Stock Restriction Agreement”).
SUPPLY AGREEMENTSupply Agreement • February 1st, 2008 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • California
This Agreement is made as of the last date set forth on the signature page hereto (the “Effective Date”) between SOLARFUN POWER HONG KONG LIMITED, a company registered in Hong Kong (hereinafter “SOLARFUN”) and HOKU SCIENTIFIC, INC., a Delaware corporation (hereinafter “HOKU”). HOKU and SOLARFUN are sometimes referred to in the singular as a “Party” or in the plural as the “Parties”.
ENGINEERING, PROCUREMENT & CONSTRUCTION MANAGEMENT AGREEMENTConsent and Agreement • November 13th, 2007 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • Idaho
[*] = 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.
* ] = 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 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. AMENDMENT NO. 1 TO...Membrane Testing Agreement • July 29th, 2005 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies
This Amendment No. 1 to Membrane Testing Agreement (“Amendment”) is effective this 17th day of May, 2004, by and between Hoku Scientific, Inc., a Hawaii corporation located at 2153 North King Street, Suite 300, Honolulu, Hawaii 96819 USA (“HOKU”), and Nissan Motor Co., Ltd. located at 2 Takara-cho, Kanagawa-ku, Yokohama, Kanagawa 220-8623 Japan (“NISSAN” and, together with HOKU, the “Parties”).
AMENDED AND RESTATED SUPPLY AGREEMENT NO. 1Supply Agreement • December 31st, 2009 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • California
This Amended and Restated Supply Agreement No. 1 (this “Agreement”) is made as of the last date set forth on the signature page hereto (the “Effective Date”) between TIANWEI NEW ENERGY (CHENGDU) WAFER CO., LTD., a People’s Republic of China company (hereinafter “TIANWEI”) and HOKU MATERIALS, INC., a Delaware corporation (hereinafter “HOKU”). HOKU and TIANWEI are sometimes referred to in the singular as a “Party” or in the plural as the “Parties”.
HOKU SCIENTIFIC, INC. STOCK RESTRICTION AGREEMENTStock Restriction Agreement • April 28th, 2005 • Hoku Scientific Inc • Hawaii
This Stock Restriction Agreement (the “Agreement”) is made as of June 21, 2002 by and between Hoku Scientific, Inc., a Hawaii corporation (the “Company”), and Karl M. Taft III (“Shareholder”).
Re: Loan Implementation AgreementEntrustment Loan Contract • December 31st, 2009 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • Macau
SECURITY AGREEMENT dated as of ______ __, 2009 (“Agreement”) among Hoku Scientific, Inc., a Delaware corporation (“Party A” and the “Parent Indemnitor”), Tianwei New Energy Holdings Co., Ltd., a People’s Republic of China company (“Party B” and the “Secured Party”) and Hoku Materials, Inc., a Delaware corporation (the “Subsidiary Guarantor”, and together with Party A, the “Grantors”). Certain capitalized terms used in this Agreement have the meanings ascribed to them in Section 1.
Form of Lock-up AgreementUp Agreement • December 31st, 2009 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies
The undersigned understands that Tianwei New Energy Holdings Co., Ltd. (“Buyer”) has entered into a Securities Purchase Agreement (the “SPA”) with Hoku Scientific, Inc., a Delaware corporation (the “Company”), pursuant to which the Company will issue and sell to Buyer (i) 33,379,287 newly-issued shares of Common Stock, par value $0.001 per share, of the Company (the “Common Stock”) and (ii) warrants for the purchase of 10,000,000 shares of Common Stock.
REAL PROPERTY MORTGAGE; SECURITY AGREEMENT; ASSIGNMENT OF RENTS; FIXTURE FILING AND FINANCING STATEMENTHoku Scientific Inc • July 30th, 2008 • Miscellaneous electrical machinery, equipment & supplies • Hawaii
THIS REAL PROPERTY MORTGAGE; SECURITY AGREEMENT; ASSIGNMENT OF RENTS; FIXTURE FILING; AND FINANCING STATEMENT (this “Mortgage”) is made on July 25 2008, by HOKU SCIENTIFIC, INC., a Delaware corporation, whose address is 1075 Opakapaka Street, Kapolei, Hawaii 96707 (hereinafter called the “Mortgagor”), and BANK OF HAWAII, a Hawaii corporation, with post office address at P.O. Box 2900, Honolulu, Hawaii 96846 (hereinafter called the “Mortgagee”),
As of December 17, 2010Credit Agreement • December 27th, 2010 • Hoku Corp • Miscellaneous electrical machinery, equipment & supplies • New York
TERM LOAN CREDIT AGREEMENT Dated as of February 7, 2011 between HOKU CORPORATION as Borrower, and CITIC BANK INTERNATIONAL LIMITED, NEW YORK BRANCH as LenderTerm Loan Credit Agreement • February 14th, 2011 • Hoku Corp • Miscellaneous electrical machinery, equipment & supplies • New York
This TERM LOAN CREDIT AGREEMENT dated as of February 4, 2011 (as the same may be amended, restated or otherwise modified from time to time, the “Credit Agreement”) between HOKU CORPORATION (the “Borrower”) and CITIC BANK INTERNATIONAL LIMITED, NEW YORK BRANCH (the “Lender”).
AMENDMENT NO. 1 TO SUPPLY AGREEMENTSupply Agreement • June 29th, 2007 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies
This Amendment No. 1 to Supply Agreement (this “Amendment”) is effective as of May 18, 2007, by and between Hoku Scientific, Inc., a Delaware corporation (“HOKU”), and SANYO Electric Co., Ltd., a Japanese corporation (“SANYO”).
* ] = 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 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. MEMBRANE TESTING...Membrane Testing Agreement • July 29th, 2005 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • California
This Membrane Testing Agreement (“Agreement”) is effective this 19th day of March, 2004, by and between Hoku Scientific, Inc., a Hawaii corporation located at 2153 North King Street, Suite 300, Honolulu, Hawaii 96819 USA (“HOKU”), and Nissan Motor Co., Ltd. located at 2 Takara-cho, Kanagawa-ku, Yokohama, Kanagawa 220-8623 Japan (“NISSAN” and, together with HOKU, the “Parties”).
Amendment No. 2 to Supply Agreement (SUNTECH CONTRACT NO. PUR1-0706092))Supply Agreement • February 25th, 2008 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies
This Amendment No. 2 (this “Amendment”) is effective as of February 25, 2008, by and between Hoku Materials, Inc., a Delaware corporation (“HOKU”), and Wuxi Suntech Power Co., Ltd., a People’s Republic of China company (“SUNTECH”). HOKU and SUNTECH are each a “Party” and together the “Parties” to this Amendment No. 2.
SALES AGREEEMENTSales Agreement • July 14th, 2010 • Hoku Corp • Miscellaneous electrical machinery, equipment & supplies • New Jersey
This Sales Agreement (“Agreement”) is dated as of March 25, 2010, and is between Evonik Degussa Corporation (“Seller”), with an office at 379 Interpace Parkway, Parsippany, NJ 07054, and Hoku Materials, Inc., a subsidiary of Hoku Scientific, Inc. (“Buyer”), with an office at One Hoku Way, Pocatello, Idaho 83204. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the following product, upon the following terms:
GUARANTYGuaranty • February 3rd, 2009 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • California
This Guaranty (this “Guaranty”), dated and effective as of December 23, 2008, is made by and among HOKU SOLAR POWER I, LLC, a California limited liability company (the “Company”), UFA RENEWABLE ENERGY FUND I, LLC, a Delaware limited liability company (the “Investor Member”) and Firstar Development LLC, a Delaware limited liability company (“FIRSTAR”); HOKU SCIENTIFIC, INC., a Delaware corporation (“Hoku Scientific”) and Hoku Solar, Inc., a Delaware corporation (collectively, the “Guarantor”).
ContractPurchase and Sale Agreement • February 14th, 2007 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • Massachusetts
[*] = 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.
ContractConsent and Agreement • November 13th, 2007 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • New York
[*] = 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.
AMENDMENT NO. 1 TO SUPPLY AGREEMENTSupply Agreement • February 5th, 2010 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies
This Amendment No. 1 to Supply Agreement (this “Amendment”) is entered into as of the last date set forth on the signature page hereto between SHANGHAI ALEX NEW ENERGY CO., LTD. (hereinafter “ALEX”) and HOKU MATERIALS, INC., a Delaware corporation (hereinafter “HOKU”). HOKU and ALEX are sometimes referred to in the singular as a “Party” or in the plural as the “Parties”.
RESELLER AGREEMENTReseller Agreement • March 5th, 2012 • Hoku Corp • Miscellaneous electrical machinery, equipment & supplies • California
This RESELLER AGREEMENT (“Agreement”) is made and entered into as of the last date set forth on the signature page hereto (“Effective Date”), by and between Tianwei New Energy Holdings Co., LTD (“Tianwei”), having a principal place of business at No 1, Tianwei Road, Southwest Airport Economic Development Zone, Chengdu, China 610200, and Tianwei Solar USA, Inc., a wholly-owned subsidiary of Hoku Corporation, having an address at 1288 Ala Moana Blvd., Suite 220, Honolulu, HI 96814 (“Reseller”), (individually, a “Party,” and collectively, “the Parties”).
FIRST AMENDED & RESTATED SUPPLY AGREEMENTSupply Agreement • February 1st, 2008 • Hoku Scientific Inc • Miscellaneous electrical machinery, equipment & supplies • California
This First Amended & Restated Supply Agreement (“Agreement”) is made as of January 30, 2008 (the “Effective Date”) between SANYO Electric Co., Ltd. (hereinafter “SANYO”) and HOKU MATERIALS, INC. (hereinafter “HOKU”).
Reimbursement Agreement – TianweiReimbursement Agreement • January 11th, 2012 • Hoku Corp • Miscellaneous electrical machinery, equipment & supplies • New York
Reimbursement Agreement – TianweiReimbursement Agreement • October 14th, 2011 • Hoku Corp • Miscellaneous electrical machinery, equipment & supplies • New York
Reimbursement Agreement – TianweiReimbursement Agreement • September 2nd, 2011 • Hoku Corp • Miscellaneous electrical machinery, equipment & supplies • New York
