FIRST SOLAR, INC. Shares of Common Stock Underwriting AgreementUnderwriting Agreement • June 18th, 2013 • First Solar, Inc. • Semiconductors & related devices • New York
FORM OF REGISTRATION RIGHTS AGREEMENT between FIRST SOLAR, INC. and The Stockholders a Party Hereto Dated as ofRegistration Rights Agreement • November 2nd, 2006 • First Solar, Inc. • Semiconductors & related devices • New York
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), is made as of , between First Solar, Inc., a Delaware corporation (the “Company”), JWMA Partners, LLC (“JWMA”), the Estate of John T. Walton (the “Estate”), JCL Holdings, LLC (“JCL”) and Michael J. Ahearn (collectively, the “Stockholders”).
EMPLOYMENT AGREEMENTEmployment Agreement • October 28th, 2020 • First Solar, Inc. • Semiconductors & related devices • Arizona
This Employment Agreement (this “Agreement”) is made by and between First Solar, Inc., a Delaware corporation having its principal office at 350 West Washington Street, Suite 600, Tempe, Arizona 85281 (hereinafter, “Employer”) and Jason Dymbort (hereinafter, “Employee”), and is effective as of August 10, 2020 (the “Effective Date”) subject to Section 1.1(b) below.
PERFORMANCE UNIT AWARD AGREEMENT under the FIRST SOLAR, INC. 2020 OMNIBUS INCENTIVE COMPENSATION PLAN, between First Solar, Inc. (the “Company”), a Delaware corporation, and the individual (the “Participant”) set forth on the Grant Notice which...Performance Unit Award Agreement • February 27th, 2024 • First Solar, Inc. • Semiconductors & related devices • Delaware
This Performance Unit Award Agreement including any addendum or exhibits hereto and the Grant Notice (collectively, this “Award Agreement”) set forth the terms and conditions of an award of Performance Units (this “Award”) that is being granted to the Participant set forth on the Grant Notice on the date set forth in the Grant Notice (such date, the “Grant Date”), under the terms of the First Solar, Inc. 2020 Omnibus Incentive Compensation Plan (the “Plan”) for the number of performance units (each such performance unit, a “Performance Unit”) set forth in the Grant Notice. Each Performance Unit constitutes an unfunded and unsecured promise of the Company to deliver (or cause to be delivered) to the Participant one share of the common stock of the Company (a “Share”), subject to the all terms and conditions of this Award Agreement, the Grant Notice, and the Plan, including without limitation, THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN SECTION 14 OF THIS AWARD AGREEMENT.
RESTRICTED STOCK UNIT AWARD AGREEMENT under the FIRST SOLAR, INC. 2020 OMNIBUS INCENTIVE COMPENSATION PLAN, between First Solar, Inc. (the “Company”), a Delaware corporation, and the individual (the “Participant”) set forth on the Grant Notice which...Restricted Stock Unit Award Agreement • February 27th, 2024 • First Solar, Inc. • Semiconductors & related devices • Delaware
This Restricted Stock Unit Award Agreement including any addendum hereto and the Grant Notice (collectively, this “Award Agreement”) set forth the terms and conditions of an award of Restricted Stock Units (this “Award”) that is being granted to the Participant set forth on the Grant Notice on the date set forth in the Grant Notice (such date, the “Grant Date”), under the terms of the First Solar, Inc. 2020 Omnibus Incentive Compensation Plan (the “Plan”) for the number of restricted stock units (each such restricted stock unit, an “RSU”) set forth in the Grant Notice. Each RSU constitutes an unfunded and unsecured promise of the Company to deliver (or cause to be delivered) to the Participant one share of the common stock of the Company (a “Share”), subject to all the terms and conditions of this Award Agreement and the Plan, including without limitation, THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN SECTION 15 OF THIS AWARD AGREEMENT.
SHARE AWARD AGREEMENT under the FIRST SOLAR, INC. 2020 OMNIBUS INCENTIVE COMPENSATION PLAN, between First Solar, Inc. (the “Company”), a Delaware corporation, and the individual (the “Participant”) set forth on the Grant Notice which incorporates this...Share Award Agreement • February 27th, 2024 • First Solar, Inc. • Semiconductors & related devices • Delaware
This Share Award Agreement including any addendum hereto and the Grant Notice (collectively, this “Award Agreement”) set forth the terms and conditions of an award of fully vested shares of the Company’s common stock (this “Award”) that is being granted to the Participant set forth on the Grant Notice on the date set forth in the Grant Notice (such date, the “Grant Date”), under the terms of the Company’s 2020 Omnibus Incentive Compensation Plan (the “Plan”) for the number of shares of common stock (the “Shares”) set forth in the Grant Notice. The Participant shall be fully vested in this Award as of the Grant Date set forth in the Grant Notice. This Award is subject to all the terms and conditions of this Award Agreement and the Plan, including without limitation, THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN SECTION 10 OF THIS AWARD AGREEMENT.
CASH INCENTIVE AWARD AGREEMENT under the FIRST SOLAR, INC. 2020 OMNIBUS INCENTIVE COMPENSATION PLAN, between First Solar, Inc. (the “Company”), a Delaware corporation, and the individual (the “Participant”) set forth on the Grant Notice which...Cash Incentive Award Agreement • February 27th, 2024 • First Solar, Inc. • Semiconductors & related devices • Delaware
This Cash Incentive Award Agreement including any addendum hereto and the Grant Notice (collectively, this “Award Agreement”) set forth the terms and conditions of this Cash Incentive Award (this “Award”) that is being granted to the Participant set forth on the Grant Notice on the date set forth in the Grant Notice (such date, the “Grant Date”), under the terms of the First Solar, Inc. 2020 Omnibus Incentive Compensation Plan (the “Plan”) for the amount set forth in the Grant Notice. The Award is subject to the all terms and conditions of this Award Agreement and the Plan, including without limitation, THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN SECTION 12 OF THIS CASH INCENTIVE AWARD AGREEMENT.
OPTION AWARD AGREEMENT under the FIRST SOLAR, INC. 2020 OMNIBUS INCENTIVE COMPENSATION PLAN, between First Solar, Inc. (the “Company”), a Delaware corporation, and the individual (the “Participant”) set forth on the Grant Notice which incorporates...Option Award Agreement • February 27th, 2024 • First Solar, Inc. • Semiconductors & related devices • Delaware
This Option Award Agreement including any addendum hereto and the Grant Notice (collectively, this “Award Agreement”) set forth the terms and conditions of an award of options (this “Award”) that is being granted to the Participant set forth on the Grant Notice on the date set forth in the Grant Notice (such date, the “Grant Date”), under the terms of the First Solar, Inc. 2020 Omnibus Incentive Compensation Plan (the “Plan”) covering one or more options (“Options”) to purchase the number of shares of common stock of First Solar, Inc., par value $.001 (each a “Share”) set forth in the Grant Notice, subject to the all terms and conditions of this Award Agreement and the Plan, including without limitation, THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN SECTION 15 OF THIS AWARD AGREEMENT.
EMPLOYMENT AGREEMENTEmployment Agreement • February 25th, 2009 • First Solar, Inc. • Semiconductors & related devices • Arizona
This Employment Agreement (this “Agreement”) is made this 20th day of February, 2009, by and between First Solar, Inc., a Delaware corporation having its principal office at 350 West Washington Street, Suite 600, Tempe, Arizona 85281 (hereinafter, “Employer”) and Mary Elizabeth Gustafsson (hereinafter, “Employee”).
EMPLOYMENT AGREEMENTEmployment Agreement • February 24th, 2016 • First Solar, Inc. • Semiconductors & related devices • Arizona
This Employment Agreement (this "Agreement") is made effective as of May 1, 2012, by and between First Solar, Inc., a Delaware corporation having its principal office at 350 West Washington Street, Suite 600, Tempe, Arizona 85281 (hereinafter, "Employer") and Raffi Garabedian (hereinafter, "Employee").
Executive Performance Equity Plan GRANT NOTICEPerformance Unit Award Agreement • May 1st, 2024 • First Solar, Inc. • Semiconductors & related devices
This Grant Notice sets forth the economic terms of a Performance Unit Award granted under the First Solar, Inc. 2020 Omnibus Incentive Compensation Plan (the “Plan”). This Grant Notice, together with the Performance Unit Award Agreement Form Perf Unit-016 (“Performance Unit Award Agreement”) (the terms of which are incorporated into this Grant Notice by reference), constitute the Award Agreement for this Performance Unit Award under the Executive Performance Equity Plan. Capitalized terms used in this Grant Notice that are not defined in this Grant Notice have the meanings as used or defined in the Performance Unit Award Agreement, or if not defined therein, the Plan. Additionally, the 2020 Omnibus Plan Prospectus is available for viewing on the First Solar POWER site.
CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND FILED SEPARATELY WITH THE COMMISSION.] [ENGLISH TRANSLATION] Amendment No. 2 to Framework Agreement MD-2-318 dated April 09th, 2006Framework Agreement • March 16th, 2007 • First Solar, Inc. • Semiconductors & related devices
First Solar GmbH, Rheinstrasse 4N, 55116 Mainz (hereinafter referred to as “Company”), represented by the managing director with single signature authority, Mr. Stephan Hansen, (hereinafter referred to as “Company”)
] Shares FIRST SOLAR, INC. Common Stock FORM OF UNDERWRITING AGREEMENTUnderwriting Agreement • November 6th, 2006 • First Solar, Inc. • Semiconductors & related devices • New York
Credit Suisse Securities (USA) LLC Morgan Stanley & Co. Incorporated, As Representatives of the Several Underwriters c/o Credit Suisse Securities (USA) LLC, Eleven Madison Avenue, New York, N.Y. 10010-3629
CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND FILED SEPARATELY WITH THE COMMISSION] [ENGLISH TRANSLATION] FRAMEWORK AGREEMENT ON THE SALE AND PURCHASE OF SOLAR MODULESFramework Agreement • November 8th, 2006 • First Solar, Inc. • Semiconductors & related devices
First Solar GmbH, Rheinstraße 4N, D-55116 Mainz, Germany (hereinafter referred to as “FS”) represented by the managing director with single signature authority, Mr. Stephan Hansen,
FIRST SOLAR, INC. Shares of Common Stock Underwriting AgreementUnderwriting Agreement • September 21st, 2020 • First Solar, Inc. • Semiconductors & related devices • New York
Certain stockholders of First Solar, Inc., a Delaware corporation (the “Company”), named in Schedule 2 hereto (the “Selling Stockholders”), propose to sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), an aggregate of 8,649,074 shares (the “Shares”) of the Company’s common stock, par value $0.001 per share (the “Stock”). To the extent there are no additional parties listed on Schedule 1 other than you and there is only one stockholder listed on Schedule 2 hereto, the terms Underwriters and Selling Stockholders shall in each case mean the singular as the context requires.
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • February 25th, 2009 • First Solar, Inc. • Semiconductors & related devices • Arizona
This Agreement is made as of this November 11, 2008, (this “Agreement”) by and between First Solar, Inc., a Delaware corporation having its principal office at 350 West Washington Street, Suite 600, Tempe, Arizona 85281 (hereinafter “Employer”) and Bruce Sohn (hereinafter “Employee”).
Amendment to Employment AgreementEmployment Agreement • February 22nd, 2010 • First Solar, Inc. • Semiconductors & related devices
This Amendment is made effective as of July 28, 2009 by and between First Solar, Inc. a Delaware corporation having its principal office at 350 West Washington Street, Suite 600, Tempe, Arizona 85281 (hereinafter “Employer”) and Bruce Sohn (hereinafter “Employee”)
AMENDED AND RESTATED CREDIT AGREEMENT among FIRST SOLAR, INC., The Borrowing Subsidiaries Parties Hereto, The Several Lenders from Time to Time Parties Hereto, BANK OF AMERICA, N.A. and THE ROYAL BANK OF SCOTLAND PLC, as Documentation Agents, CREDIT...Credit Agreement • October 20th, 2010 • First Solar, Inc. • Semiconductors & related devices • New York
AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of October 15, 2010, among FIRST SOLAR, INC., a Delaware corporation (the “Company”), the Borrowing Subsidiaries (as defined herein, and, together with the Company, the “Borrowers”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), BANK OF AMERICA, N.A. and THE ROYAL BANK OF SCOTLAND PLC, as documentation agents (in such capacity, the “Documentation Agents”), CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as syndication agent (in such capacity, the “Syndication Agent”), and JPMORGAN CHASE BANK, N.A., as administrative agent.
AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF 8POINT3 HOLDING COMPANY, LLCLimited Liability Company Agreement • August 5th, 2015 • First Solar, Inc. • Semiconductors & related devices • Delaware
This AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF 8POINT3 HOLDING COMPANY, LLC dated as of June 24, 2015, is adopted, executed and agreed to, for good and valuable consideration, by SunPower YC Holdings, LLC, a Delaware limited liability company, and First Solar 8point3 Holdings, LLC, a Delaware limited liability company. In consideration of the covenants, conditions and agreements contained herein, the Parties hereto hereby agree as follows:
ASSIGNMENT AGREEMENT (SICHERUNGSABTRETUNG) between FIRST SOLAR MANUFACTURING GMBH as Assignor and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Administrative Agent Allen & Overy LLPAssignment Agreement • September 10th, 2009 • First Solar, Inc. • Semiconductors & related devices
EMPLOYMENT AGREEMENTEmployment Agreement • August 3rd, 2012 • First Solar, Inc. • Semiconductors & related devices • Arizona
This Employment Agreement (this “Agreement”) is made, by and between First Solar, Inc., a Delaware corporation having its principal office at 350 West Washington Street, Suite 600, Tempe, Arizona 85281 (hereinafter, “Employer”) and Georges Antoun (hereinafter, “Employee”).
CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND FILED SEPARATELY WITH THE COMMISSION] [ENGLISH TRANSLATION] FRAMEWORK AGREEMENT ON THE SALE AND PURCHASE OF SOLAR MODULESFramework Agreement • October 10th, 2006 • First Solar, Inc. • Semiconductors & related devices
First Solar GmbH, Rheinstraße 4N, D-55116 Mainz, Germany (hereinafter referred to as “FS”) represented by the managing director with single signature authority, Mr. Stephan Hansen,
SECOND AMENDED AND RESTATED CREDIT AGREEMENT among FIRST SOLAR, INC., The Borrowing Subsidiaries Parties Hereto,Credit Agreement • July 14th, 2017 • First Solar, Inc. • Semiconductors & related devices • London
SECOND AMENDED AND RESTATED CREDIT AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of July 10, 2017, among FIRST SOLAR, INC., a Delaware corporation (the “Company”), the Borrowing Subsidiaries (as defined herein, and, together with the Company, the “Borrowers”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), CITICORP NORTH AMERICA, INC., WELLS FARGO BANK, NATIONAL ASSOCIATION, BANK OF MONTREAL, SUMITOMO MITSUI BANKING CORPORATION and BANK OF AMERICA, N.A., as co-documentation agents (in such capacity, the “Documentation Agents”), HSBC BANK USA, NATIONAL ASSOCIATION and CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, as co-syndication agents (in such capacity, the “Syndication Agents”), and JPMORGAN CHASE BANK, N.A., as administrative agent.
] Shares FIRST SOLAR, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • August 3rd, 2007 • First Solar, Inc. • Semiconductors & related devices • New York
PERFORMANCE CASH INCENTIVE AWARD AGREEMENT under the FIRST SOLAR, INC. 2020 OMNIBUS INCENTIVE COMPENSATION PLAN, between First Solar, Inc. (the “Company”), a Delaware corporation, and the individual (the “Participant”) set forth on the Grant Notice...Performance Cash Incentive Award Agreement • February 27th, 2024 • First Solar, Inc. • Semiconductors & related devices • Delaware
This Performance Cash Incentive Award Agreement including any addendum or exhibits hereto and the Grant Notice (collectively, this “Award Agreement”) set forth the terms and conditions of this Performance Cash Incentive Award (this “Award”) that is being granted to the Participant set forth on the Grant Notice on the date set forth in the Grant Notice (such date, the “Grant Date”), under the terms of the First Solar, Inc. 2020 Omnibus Incentive Compensation Plan (the “Plan”) for the amount set forth in the Grant Notice. The Award is subject to all the terms and conditions of this Award Agreement, the Grant Notice, and the Plan, including without limitation, THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN SECTION 12 OF THIS CASH INCENTIVE AWARD AGREEMENT.
AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF 8POINT3 OPERATING COMPANY, LLCLimited Liability Company Agreement • August 5th, 2015 • First Solar, Inc. • Semiconductors & related devices • Delaware
THIS AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF 8POINT3 OPERATING COMPANY, LLC, dated as of June 24, 2015, is entered into by and between 8POINT3 ENERGY PARTNERS LP, a Delaware limited partnership, SUNPOWER YC HOLDINGS, LLC, a Delaware limited liability company, FIRST SOLAR 8POINT3 HOLDINGS, LLC, a Delaware limited liability company, MARYLAND SOLAR HOLDINGS, INC., a Delaware corporation, and 8POINT3 HOLDING COMPANY, LLC, a Delaware limited liability company. In consideration of the covenants, conditions and agreements contained herein, the parties hereto hereby agree as follows:
TAX CREDIT TRANSFER AGREEMENT (Variable) entered into by and between FIRST SOLAR, INC., as Seller and FISERV, INC., as PurchaserTax Credit Transfer Agreement • December 27th, 2023 • First Solar, Inc. • Semiconductors & related devices • New York
This TAX CREDIT TRANSFER AGREEMENT (Variable) (this “Agreement”) is made and entered into as of December 22, 2023 (the “Effective Date”), by and between First Solar, Inc., a Delaware corporation (“Seller”), and Fiserv, Inc. a Wisconsin corporation (“Purchaser” and together with Seller, the “Parties” and each, a “Party”).
SECURITY TRUST AGREEMENT (SICHERHEITENTREUHANDVERTRAG)Security Trust Agreement • September 10th, 2009 • First Solar, Inc. • Semiconductors & related devices
TAX CREDIT TRANSFER AGREEMENT (Variable) entered into by and between FIRST SOLAR, INC., as Seller and VISA INC., as PurchaserTax Credit Transfer Agreement • December 12th, 2024 • First Solar, Inc. • Semiconductors & related devices • New York
NON-COMPETITION AND NON-SOLICITATION AGREEMENTNon-Competition and Non-Solicitation Agreement • May 7th, 2013 • First Solar, Inc. • Semiconductors & related devices • Arizona
This Non-Competition and Non-Solicitation Agreement (“Agreement”) is effective by and between Mark Widmar (“Employee”) and First Solar, Inc. (“Employer”) as of March 15, 2011.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. REDACTED INFORMATION IS INDICATED BY [***]. MEMBERSHIP INTERESTS PURCHASE AND SALE...Membership Interest Purchase and Sale Agreement • July 29th, 2022 • First Solar, Inc. • Semiconductors & related devices
Amendment to Employment Agreement and Non-Competition and Non-Solicitation Agreement and Second Amendment to Change-in-Control Severance AgreementEmployment Agreement • April 28th, 2016 • First Solar, Inc. • Semiconductors & related devices
This Amendment (“Amendment”) to the Employment Agreement, by and between First Solar, Inc., a Delaware corporation having its principal office at 350 West Washington Street, Suite 600, Tempe, Arizona 85281 (hereinafter “Employer”), and Mark Widmar (hereinafter “Employee”), dated as of March 15, 2011 (the “Employment Agreement”), the Non-Competition and Non-Solicitation Agreement, by and between Employer and Employee, dated as of March 15, 2011 (the “Non-Competition Agreement”), and the Change in Control Severance Agreement by and between Employer and Employee, dated as of April 4, 2011, and amended as of August 1, 2013 (the “CIC Agreement”), is effective as of July 1, 2016 (the “Amendment Effective Date”).
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • October 28th, 2020 • First Solar, Inc. • Semiconductors & related devices
This First Amendment to the Employment Agreement by and between Caroline Stockdale (“Employee”) and First Solar, Inc. (“Employer”). The sole purpose of this First Amendment is to accurately reflect Employee’s title. All other provisions of the Employment Agreement dated October 7, 2019 (the “Agreement”) shall remain in full force and effect. Employee has been appointed to the position of and shall have the title of Chief People and Communications Officer. All references to the position of EVP – Human Resources and Communications in the Agreement are hereby changed to Chief People and Communications Officer.
CREDIT FACILITY AGREEMENT of 18 May 2011 IN THE AMOUNT OF EUR 124,500,000 between FIRST SOLAR MANUFACTURING GMBH as Borrower and COMMERZBANK AKTIENGESELLSCHAFT acting as Arranger COMMERZBANK AKTIENGESELLSCHAFT, LUXEMBOURG BRANCH acting as Facility...Credit Facility Agreement • May 24th, 2011 • First Solar, Inc. • Semiconductors & related devices • Brandenburg
GUARANTEEGuarantee • September 10th, 2009 • First Solar, Inc. • Semiconductors & related devices
