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 • Tianwei New Energy Holdings Co., LTD • 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”).
FORM OF SECURITY AGREEMENTSecurity Agreement • December 31st, 2009 • Tianwei New Energy Holdings Co., LTD • 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”).
AMENDED AND RESTATED SUPPLY AGREEMENT NO. 1Supply Agreement • December 31st, 2009 • Tianwei New Energy Holdings Co., LTD • 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. 1288 Ala Moana Blvd., Suite 220 Honolulu, Hawaii 96814, USA Hoku Materials, Inc. 1288 Ala Moana Blvd., Suite 220 Honolulu, Hawaii 96814, USA Re: Loan Implementation Agreement Ladies and Gentlemen:Loan Implementation Agreement • December 31st, 2009 • Tianwei New Energy Holdings Co., LTD • 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 AgreementLock-Up Agreement • December 31st, 2009 • Tianwei New Energy Holdings Co., LTD • 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.
AMENDED AND RESTATED SUPPLY AGREEMENT NO. 2Supply Agreement • December 31st, 2009 • Tianwei New Energy Holdings Co., LTD • Miscellaneous electrical machinery, equipment & supplies • California
This Amended and Restated Supply Agreement No. 2 (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.Financing Backstop • December 31st, 2009 • Tianwei New Energy Holdings Co., LTD • Miscellaneous electrical machinery, equipment & supplies
