AMENDMENT NUMBER THREE TO AMENDED AND RESTATED WAFER SUPPLY AGREEMENT
Exhibit 10.6
This Amendment Number Three (the “Amendment ”), effective as of June 9, 2008 (the
“Amendment Effective Date”), amends the Amended and Restated Wafer Supply Agreement effective as of
April 1, 2003 (as further amended by Amendment Number One, effective August 11, 2004 and Amendment
Number Two, effective April 1, 2008) (the “Agreement”), by and between OKI Electric Industry
Co., Ltd. (“OKI ELECTRIC” or “OKI”), a Japanese corporation having its registered head office
at 7-12, Xxxxxxxxx 0-xxxxx, Xxxxxx-xx, Xxxxx 000-0000, Xxxxx, and Power Integrations
International, Ltd. (“PI”) a Cayman Islands corporation having its principal place of business
at 0xx Xxxxx, Xxxxxxx Xxxx, Xxxxxxx Xxxxxx, Xxxxx Avenue, X.X. Xxx 00000, Xxxxx Xxxxxx XX0-0000.
Unless specifically designated otherwise, capitalized terms used herein shall have the same
meanings given them in the Agreement.
Recitals
Whereas, pursuant to the terms of the Agreement, PI grants to OKI ELECTRIC licenses
of certain of PI’s intellectual property for the sole purpose of PI acquiring from OKI ELECTRIC the
fabrication and supply of wafers of certain power IC products; and
Whereas, PI and OKI ELECTRIC desire to amend the terms of the Agreement; and
Whereas, in accordance with Section 18.10 of the Agreement, the Agreement may be
amended only by an instrument in writing duly executed by authorized officers of OKI ELECTRIC and
PI.
Now, Therefore, in consideration of the mutual promises contained herein and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereby amend the Agreement as follows:
Agreement
| 1. | Section 13.1 is deleted in its entirety and replaced with the following: | |
| This Agreement shall continue in full force and effect from the Effective Date until April 1, 2013, unless earlier terminated as provided herein (“Term”). |
Effective as of the Amendment Effective Date, all references in the Agreement to the “Agreement” or
“this Agreement” shall mean the Agreement as amended by this Amendment. Except as expressly amended
herein, the terms of the Agreement continue unchanged and shall remain in full force and effect.
This Amendment may be executed in one or more counterparts, each of which shall be considered an
original, but all of which counterparts together shall constitute one and the same instrument.
Confidential
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In Witness Whereof, the parties have caused this Amendment to be executed by their duly
authorized representatives, effective as of the Amendment Effective Date.
| OKI ELECTRIC INDUSTRY CO., LTD. | POWER INTEGRATIONS INTERNATIONAL, LTD. | |||||||||
By:
|
/s/ Akira Arimatsu | By: | /s/ Xxxx X. Xxxxxx | |||||||
Name:
|
Akira Arimatsu | Name: | Xxxx X. Xxxxxx | |||||||
Title:
|
General Manager | Title: | President | |||||||
Confidential
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