Exhibit 10.1
CONFIDENTIAL TREATMENT REQUESTED BY SCOPE METALS TRADING & TECHNICAL SERVICES
LIMITED
Execution Copy
Understanding Between
Israel Aircraft Industries Ltd. ("IAI")
And
Scope - Metal Trading & Technical Services Ltd. ("SUPPLIER")
1. All terms used herein and not defined herein shall have the meaning set
forth in the Material Supply Agreement dates as of July 7, 2004 between IAI
and Supplier (the "AGREEMENT"). This document is referred to as the
"PRINCIPLES".
2. Contractual Documentation
a. The sole contractual documentation between the Parties consists
of the following (the "DOCUMENTATION"):
i. The Agreement;
ii Minutes of Meeting dated December 6, 2004 relating to
the meetings held on October 27, 2004 and December 2,
2004 (reference number 9600.100.01.224A);and
iii. These Principles.
b. All RFP's, proposals, forecast, prior negotiations and other
documentation with respect to the Documentation and the subject
matter hereof are null and void and are superseded by the
Documentation. There are no oral understandings between the
Parties.
c. Notwithstanding the foregoing, the following are not included
within the understandings and agreement covered these Principles
(i.e.; the following amounts are not included in the 2006
Aluminum Plates (defined in Section 4 below) or the ++ Aluminum
Plates (defined in Section 4 below)):
IAI DIVISION AMOUNT (TONS) YEAR(S) DOCUMENT
------------ ------------- ------- --------
++ ++ 2005
++ ++ 2005
++ ++ 2006
3. All of the terms and conditions of the Documentation shall continue in full
force in effect except as modified hereby.
4. Supplier hereby allocates to IAI ++ tons of Aluminum Plates (defined below)
for IAI's use for calendar year 2006 (such ++ tons referred to herein as
the "2006 ALUMINUM PLATES"). Supplier also hereby allocates to IAI ++ tons
of Aluminum Plates that is Alloy ++ for IAI's use for the thirteen month
period starting with January 1, 2006 and ending on January 31, 2007 (such
time period referred to herein as the "++ TIME PERIOD") (such ++ tons
referred to herein as the "++ ALUMINUM PLATES").
++ REPRESENTS MATERIAL WHICH HAS BEEN REDACTED AND SEPARATELY FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
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a. In order to assist Supplier with its obligations under the
Documentation, including, without limitation, Section 4.8 of the
Agreement and without derogating from Supplier's obligations
thereunder, IAI shall submit forecasts to Supplier six (6) months
in advance. Such forecasts shall also include Aluminum Plates of
Alloy ++. Supplier commits to fulfill IAI's needs as set forth
in the forecasts submitted by IAI and as such forecasts may be
updated by IAI. For the sake of clarity, such forecasts may be
updated by IAI from time to time.
b. The amount of the 2006 Aluminum Plates and ++ Aluminum Plates
allocated to IAI pursuant to this Section 4 is the net amount
that is actually to be delivered to IAI (after cutting, etc.). It
does not include any amounts left over after cutting and that are
otherwise not actually delivered to IAI ("UNDELIVERED MATERIAL").
c. For the purpose of these Principles, "ALUMINUM PLATES" are
aluminum plates of the 2xxx family and 7xxx family that are
listed in Exhibit 1 to the Agreement, as such Exhibit may be
updated from time to time. For the sake of clarity, for the
purposes of these Principles, Aluminum Plates does not include
aluminum plates from the 5xxx family or 6xxx family.
i. Notwithstanding the foregoing and for the sake of
clarity, 2006 Aluminum Plates include only standard
Aluminum Plates and does not include any Non-Standard
Aluminum Plates. "NON-STANDARD ALUMINUM PLATES" are
Aluminum Plates that
A. manufacturers sell only to OEM's; and/or
B. have non-standard size, shape and/or other
dimension; and/or
C. are special aluminum plates or involve
special technology.
d. For the purpose of these Principles, "++ ALUMINUM PLATES" are
aluminum plates of the ++ Alloy that have been cut to shape as
per IAI drawings and/or instructions. The ++ Aluminum Plates
are intended for the production of wing skins to be supplied by
Supplier directly to IAI's subcontractors. For the sake of
clarity, ++ Aluminum Plates are the plates after they have been
cut to shape and do not include any of the aluminum plate that
remains after the plate has been cut to shape (such remains
referred to herein as the "++ AP RESIDUE").
e. For the sake of clarity, these Principles apply only to Aluminum
Plates and do not address any other Materials. The pricing for
all other Materials (i.e., aluminum sheets, aluminum bars,
stainless steel plates, stainless steel sheets, stainless steel
bars, low alloy steel, colored metals and aluminum plates that
are not from the 2xxx or 7xxx family and all other materials that
are now or may be in the future covered by the Agreement) are as
set forth in the Agreement and Supplier reconfirms its obligation
to supply IAI with all of its needs for such other Materials at
the prices set forth in the Agreement without any limitation on
quantity.
5. Supplier hereby represents that:
++ REPRESENTS MATERIAL WHICH HAS BEEN REDACTED AND SEPARATELY FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
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a. Supplier has binding commitments/contracts with manufacturers and
other suppliers for the 2006 Aluminum Plates and ++ Aluminum
Plates (the "COMMITMENTS"). Such manufacturers and other
suppliers are herein collectively referred to as the
"MANUFACTURERS"; and
b. Set forth in Exhibit A hereto are the quantities that each
Manufacturer is required to supply to Supplier under the
Commitments for the 2006 Aluminum Plates (CIF Ashdod) and ++
Aluminum Plates (CIF Ashdod).
For the sake of clarity, the Commitments cover the net amounts to be
actually delivered to IAI.
6. The Commitments
a. Within 30 days of the date set forth at the end of these
Principles, Supplier shall provide evidence of the Commitments to
IAI, such evidence to be to the reasonable satisfaction of IAI.
However, Supplier is fully responsible for the Commitments and
their sufficiency and IAI's review of such evidence in no way
relieves Supplier of any responsibility under the Documentation
or attest to the adequacy of the Commitments.
b. Supplier hereby assigns to IAI the right, in the event that
Supplier is in material default under the Documentation and is
unable to deliver Aluminum Plates as required under the
Documentation, to obtain the 2006 Aluminum Plates and/or ++
Aluminum Plates directly from the Manufacturers at the same price
and other terms as Supplier has under the Commitments. Within 30
days of the date set forth at the end of this document, Supplier
shall send letters (with a copy to IAI) to the Manufacturers from
whom the Commitments were obtained informing such Manufacturers
that the Commitments (and the allocations related thereto) are
designated for IAI. Supplier shall request such Manufacturers to
confirm receipts of such letters in writing and Supplier shall
provide such confirmations to IAI.
c. If (and only if) requested by IAI in writing, Scope shall agree
(and hereby agrees) to allocations by ++ of portions of ++'s
Commitments in respect of orders by IAI from ++ for Aluminum
Plates of Alloy ++.
7. Deliveries under these Principles shall commence January 1, 2006,
irrespective of any other considerations including any lead-time that may
be necessary for Supplier to comply with these Principles.
8. Price for the first ++ tons of 2006 Aluminum Plates
The Base Price and Service Fee for the first ++ tons of 2006 Aluminum
Plates shall be as set forth in the Agreement. For the sake of clarity,
this is for ++ tons of Aluminum Plates actually delivered to IAI and does
not include any Undelivered Material.
9. Price for the remaining ++ tons of 2006 Aluminum Plates and the ++ tons of
++ Aluminum Plates
++ REPRESENTS MATERIAL WHICH HAS BEEN REDACTED AND SEPARATELY FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
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a. The Price for the remaining ++ tons of 2006 Aluminum Plates shall
be:
i. $ ++ per pound, if "Full Service" (as set forth in
Section 1 to Exhibit 3 of the Agreement) is provided to
IAI and
ii. $ ++ per pound, if "Partial Service" (as set forth in
Section 2 to Exhibit 3 of the Agreement) is provided to
IAI,
Such Price includes the Base Price and the Service Fee and
includes packaging and delivery in Israel. For the sake of
clarity, this is for ++ tons of Aluminum Plates actually
delivered to IAI and does not include any Undelivered Material.
b. The Price for the ++ tons of ++ Aluminum Plates shall be $ ++
per pound. Such Price includes the Base Price and the Service
Fee. For the sake of clarity, this is for ++ tons of ++ Aluminum
Plates actually delivered to IAI and does not include any
Undelivered Material. The ++ Aluminum Plates shall be delivered
(DDP IAI's subcontractor) to ++. IAI shall try to use the ++ AP
Residue for other projects in Israel and the price of the ++ AP
Residue shall be $ ++ per pound. Purchases of ++ AP Residue shall
not be part of the ++ tons of ++ Aluminum Plates or ++ tons of
2006 Aluminum Plates. For the sake of clarity, IAI shall be under
no obligation to purchase any of the ++ AP Residue.
10. Subject to the remainder of this Section 10 and provided that Supplier is
not in default under the Documentation and further provided that Supplier
can meet the Delivery Response Time and all of the other conditions of the
Documentation, IAI hereby commits to purchase exclusively from Supplier (i)
the 2006 Aluminum Plates (i.e., ++ tons of Aluminum Plates) that IAI needs
for calendar year 2006 and (ii) the ++ Aluminum Plates (i.e., ++ tons of
++ Aluminum Plates) that IAI needs for the ++ Time Period.
a. Notwithstanding the foregoing, IAI shall be free to purchase
Aluminum Plates that are in excess of the 2006 Aluminum Plates
(i.e., in excess of ++ tons of Aluminum Plates) or Aluminum
Plates that are Alloy ++ that are in excess of ++ Aluminum Plates
(i.e., in excess of ++ tons of Aluminum Plates that are Alloy ++)
from any other supplier and/or manufacturer. Furthermore, IAI may
purchase such excess at any time (i.e., IAI shall be permitted to
order and/or purchase such excess amount even before it has
ordered and/or purchased the full amount of the 2006 Aluminum
Plates and/or ++ Aluminum Plates). Such excess may also be
purchased from Supplier and Supplier shall have the same or
similar opportunity as other suppliers to sell such excess to
IAI.
b. IAI's commitment under this Section 10 is only for the portion of
the 2006 Aluminum Plates that it actually needs and purchases for
calendar year 2006 and for the portion of the ++ Aluminum Plates
that it actually needs and purchases for the ++ Time Period.
c. Furthermore, this Section 10 does not apply to
i. commitments/contracts entered into by IAI prior to the
date hereof;
++ REPRESENTS MATERIAL WHICH HAS BEEN REDACTED AND SEPARATELY FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
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ii. Non-Standard Aluminum Plates;
iii. the amounts of Aluminum Plates listed in Section 2(c)
above.
11. Supplier shall deliver to IAI within the first fifteen (15) days of the
month a report indicating at least the following:
a. the amount of Aluminum Plates and other Material delivered to IAI
(each division of IAI and total for all of IAI) for each of the
previous months during the calendar year and totals for the
calendar year;
b. Supplier's source and quantities for the Aluminum Plates
delivered to IAI (to be reported at least quarterly);
c. Intentionally Omitted;
d. the amount of Aluminum Plates and other Material ordered by IAI
(including route cards submitted to Supplier by IAI) but not
delivered to IAI (each division of IAI and total for all of IAI)
for each month during the calendar year and totals for the
calendar year as well as the part numbers ordered and/or route
cards issued and/or purchase orders issued but whose delivery is
past due (together with the anticipated delivery dates of such
past due Material;
e. Supplier's anticipated source for the Aluminum Plates set forth
in subsection (d); and
f. the amount of 2006 Aluminum Plates and ++ Aluminum Plates that
has not yet been delivered or ordered by IAI (i.e., the unused
portion of the ++ tons of 2006 Aluminum Plates (including a
breakdown of the first ++ tons and the next ++ tons) and the
unused portion of the ++ tons of ++ Aluminum Plates allocated
to IAI pursuant to these Principles).
12. In addition to the audit rights set forth in the Agreement, IAI and/or its
authorized representative shall have the right to audit Supplier's books
and records in order to verify that the source of Material is not from the
Manufacturers and Commitments that are supporting the price set forth in
Section 8 above (i.e., ++ and ++).
13. The inclusion of a supplier or manufacturer on any of the Exhibits hereto
does not mean that such supplier or manufacturer is an Approved Source.
a. It is Supplier's responsibility, at its cost, to obtain such
approval from IAI for any such supplier or manufacturer that is
not listed in Exhibit 9 to the Agreement.
b. IAI shall cooperate with and assist Supplier in obtaining such
approval.
14. Intentionally Omitted.
15. IAI Subcontractors
++ REPRESENTS MATERIAL WHICH HAS BEEN REDACTED AND SEPARATELY FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
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a. IAI Subcontractors shall include both Israeli and non-Israeli
subcontractors and suppliers performing work for IAI.
b. IAI and Supplier hereby acknowledge that it is IAI's intention
that a portion of the 2006 Aluminum Plates and/or ++ Aluminum
Plates will be sold by Supplier directly to IAI Subcontractors.
c. If (and only if) requested or approved by IAI in writing, the
Aluminum Plates sold by Supplier to an IAI Subcontractor shall be
allocated from the Commitments (i.e., Supplier shall use a
portion of the Commitment for the ++ tons in order to fill such
IAI Subcontractor's order, thereby reducing the amount of the
Commitments/allocation available to IAI) and shall be credited
towards the 2006 Aluminum Plates or ++ Aluminum Plates, as
applicable, (i.e., the Aluminum Plates sold to such IAI
Subcontractor shall be credited towards IAI's exclusivity
obligation set forth in Section 10 and shall be considered, for
the purposes of such exclusivity obligation, to have been
purchased by IAI). Furthermore, the allocation of such purchases
between the first ++ tons of 2006 Aluminum Plates and the other
++ tons of Aluminum Plates shall be as directed by IAI in
writing.
d. Notwithstanding the foregoing, IAI shall have no liability in
connection with any transactions between Supplier and IAI
Subcontractors.
e. This Section is in addition to Section 6.1 of the Agreement.
16. Invoicing and Payments
For the sake of clarity, Section 10.1(d) of the Agreement remains in
effect. Therefore, all prices, invoices and payments will be stated and
paid in U.S. dollars and VAT, if applicable, will be stated and paid in New
Israeli Shekels. Invoices that do not comply with the foregoing shall be
null and void and will not be paid by IAI. The 90 days set forth in Section
10.2 of the Agreement shall begin to run only upon IAI's receipt of an
invoice that complies with the foregoing and is otherwise correct.
17. Calendar Year 2007 and the Unused Portion of Supplier's Allocation
a. It is IAI's and Suppliers intention to negotiate and sign an
agreement similar to these Principles for calendar year 2007 (the
"2007 PRINCIPLES"), such negotiation and execution to be
completed by July 2006. The 2007 Principles shall be based on the
principles set forth herein and shall include the following:
i. Supplier shall allocate ++ tons of Aluminum Plates to
IAI at the same price as set forth in Section 8 of
these Principles.
ii. In addition to the amount set forth in subsection (i)
of this Section 17(a), any portion of the ++ tons of
Aluminum Plates allocated to IAI by Supplier under
these Principles (i.e., the 2006 Aluminum Plates) that
is unused by IAI during calendar year 2006 shall
continue to be allocated to IAI for calendar year 2007
at the same price as set forth in these Principles and
IAI commits to purchase such excess during 2007.
++ REPRESENTS MATERIAL WHICH HAS BEEN REDACTED AND SEPARATELY FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
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iii. In addition to the amount set forth in subsections
(i) and (ii) of this Section 17(a), any portion of
the ++ tons of ++ Aluminum Plates allocated to
IAI by Supplier under these Principles that is
unused by IAI during the ++ Time Period shall
continue to be allocated to IAI for the remainder
of calendar year 2007 at the same price as set
forth in these Principles.
b. In the event that Supplier and IAI do not execute the 2007
Principles, (i) the provisions set forth in Section 17(a)
shall be effective and binding on the IAI and Supplier (ii)
the Agreement shall continue to apply for all amounts in
excess of those set forth in Section 17(a).
18. Except as modified by these Principles and the other Documentation,
the Agreement remains in full force and effect and the provisions of
the Agreement shall apply to these Principles. In the event of a
conflict between these Principles and the other Documentation, these
Principles shall govern.
IN WITNESS WHEREOF, the Supplier and IAI have executed this Understanding to be
effective as of the 1st day of September 2005.
ISRAEL AIRCRAFT INDUSTRIES LTD. SCOPE - METAL TRADING &
TECHNICAL SERVICES LTD.
By /s/ ++ By /s/ Xxxxxx Shiloh
----------------------------------- -----------------------------------
Name: ++ Name: Xxxxxx Shiloh
Title: ++ Title: General Manager
Date: Date:
-------------------------------- --------------------------------
By ++ By /s/ Xxx Xxxxx
----------------------------------- -----------------------------------
Name: ++ Name: Xxx Xxxxx
Title: ++ Title: CFO
Date: 13/9/05 Date:
--------------------------------
++ REPRESENTS MATERIAL WHICH HAS BEEN REDACTED AND SEPARATELY FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
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EXHIBIT A
COMMITMENTS
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EXHIBIT A: COMMITMENTS
ALUMINIUM PLATES ALLOCATIONS
2005
TOTAL LBS JANUARY 05 FEBRUARY 05 MARCH 05 APRIL 05 MAY 05 JUNE 05
--------- ----------- ----------- ----------- ---------------- ----------- --------
++ ALLOCATED 630,000 70,000 70,000 70,000 70,000 70,000 70,000
ACTUAL ORDERED 679,509 40,286 72,500 68,030 135,418 83,960 70,700
ORDER NO M-4326 M-4326 M-4326 M-4328/4805/4883 M-4806/4918 M-4809
++ ALLOCATED 665,000 70,000 35,000 70,000 35,000 70,000 70,000
ACTUAL ORDERED 686,720 57,990 71,650 63,050 61,070 71,900 60,210
ORDER NO M-4327 M-4721 M-4807 M-4808 X-0000 X-0000
++ ALLOCATED 216,700 24,600 13,800 77,900 59,600 40,800
ACTUAL ORDERED 216,700 24,600 13,800 77,900 59,600 40,800
ORDER NO M-3819-5115 M-DIV.. M-3819 M-3819 M-3819
++ ALLOCATED 300,000
ACTUAL ORDERED 300,000
ORDER NO
++ ALLOCATED 65,500 7,000 58,500
ACTUAL ORDERED 65,500 7,000 58,500
ORDER NO M-5190-5222 M-5050-5224
++ ALLOCATED 62,500 15,300 14,200
ACTUAL ORDERED 62,500 15,300 14,200
ORDER NO M-4775 M-4893
++ ALLOCATED 123,700 8,300 18,600 19,800
ACTUAL ORDERED 123,700 8,300 18,600 19,800
ORDER NO M-5106 M-5106-5300 M-5106
++ ALLOCATED 150,000
ACTUAL ORDERED 120,000
ORDER NO
++ ALLOCATED 120,000
ACTUAL ORDERED 120,000
ORDER NO
++ ALLOCATED 700,000 100,000 50,000 100,000
ACTUAL ORDERED 550,000 100,000 50,000 100,000
ORDER NO
---------
TOTAL ALLOCATED 3,033,400
---------
ACTUAL ORDERED 2,924,629
=========
JULY 05 AUGUST 06 SEPTEMBER 05 OCTOBER 05 NOVEMBER 05 DECEMBER 05
------- --------- ------------ ---------- ----------- -----------
++ ALLOCATED 70,000 70,000 70,000
ACTUAL ORDERED 65,365 70,500 72,750 * * *
ORDER NO M-4810 M-5109 M-5110
++ ALLOCATED 70,000 35,000 70,000 35,000 70,000 35,000
ACTUAL ORDERED 65,960 63,930 65,960 70,000 35,000
ORDER NO M-5164 M-5165 M-5166 M1457 M1457
++ ALLOCATED
ACTUAL ORDERED
ORDER NO
++ ALLOCATED 50,000 50,000 50,000 50,000 50,000 50,000
ACTUAL ORDERED 50,000 50,000 50,000 50,000 50,000 50,000
ORDER NO M-5051 M-5180 M-5181 M-5404 M-5846 M-5846
++ ALLOCATED
ACTUAL ORDERED
ORDER NO
++ ALLOCATED 33,000
ACTUAL ORDERED 33,000
ORDER NO M-5455
++ ALLOCATED 14,000 21,000 21,000 21,000
ACTUAL ORDERED 14,000 21,000 21,000 21,000
ORDER NO M-5145 M-5254 M-5845 M-5845
++ ALLOCATED 30,000 30,000 30,000 30,000 30,000
ACTUAL ORDERED 30,000 30,000 30,000 30,000
ORDER NO M-5500 M-5500 M-5847 M-5847
++ ALLOCATED 24,000 24,000 24,000 24,000 24,000
ACTUAL ORDERED 24,000 24,000 24,000 24,000 24,000
ORDER NO M-5742 M-5848 M-5848 M-5848 M-5848
++ ALLOCATED 50,000 100,000 50,000 100,000 50,000 100,000
ACTUAL ORDERED 50,000 100,000 50,000 100,000
ORDER NO
TOTAL ALLOCATED
ACTUAL ORDERED
* = SWAPS FOR 7150 PLATES
ALL QUANTITIES ARE APPROXIMATE ONES! 04.09.2005
++ REPRESENTS MATERIAL WHICH HAS BEEN REDACTED AND SEPARATELY FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
Page 1 of 2
CONFIDENTIAL
EXHIBIT A: COMMITMENTS
ALUMINIUM PLATES ALLOCATIONS
2006
TOTAL LBS JANUARY 06 FEBRUARY 06 MARCH 06 APRIL 06 MAY 06 JUNE 06 JULY 06 AUGUST 06
--------- ---------- ----------- -------- -------- ------ ------- ------- ---------
++ ALLOCATED 840,000 70,000 70,000 70,000 70,000 70,000 70,000 70,000 70,000
ACTUAL ORDERED 0
ORDER NO
++ ALLOCATED 700,200 58,350 58,350 58,350 58,350 58,350 58,350 58,350 58,350
ACTUAL ORDERED 0
ORDER NO
++ ALLOCATED 570,000 55,000 55,000
ACTUAL ORDERED 0
ORDER NO
++ ALLOCATED 220,000 110,000
ACTUAL ORDERED 0
ORDER NO
++ ALLOCATED 300,000 50,000 50,000 50,000 50,000 50,000 50,000
ACTUAL ORDERED 0
ORDER NO
++ ALLOCATED 252,000 21,000 21,000 21,000 21,000 21,000 21,000 21,000 21,000
ACTUAL ORDERED 0
ORDER NO
++ ALLOCATED 360,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000
ACTUAL ORDERED 0
ORDER NO
++ ALLOCATED 72,000 24,000 24,000 24,000
ACTUAL ORDERED 0
ORDER NO
++ ALLOCATED 900,000 50,000 100,000 50,000 100,000 50,000 100,000 50,000 100,000
ACTUAL ORDERED 0
ORDER NO
---------
TOTAL ALLOCATED 4,214,200
---------
ACTUAL ORDERED 0
=========
SEPTEMBER O6 OCTOBER 06 NOVEMBER 06 DECEMBER 06
------------ ---------- ----------- -----------
++ ALLOCATED 70,000 70,000 70,000 70,000
ACTUAL ORDERED
ORDER NO
++ ALLOCATED 58,350 58,350 58,350 58,350
ACTUAL ORDERED
ORDER NO
++ ALLOCATED 230,000 230,000
ACTUAL ORDERED
ORDER NO
++ ALLOCATED 110,000
ACTUAL ORDERED
ORDER NO
++ ALLOCATED
ACTUAL ORDERED
ORDER NO
++ ALLOCATED 21,000 21,000 21,000 21,000
ACTUAL ORDERED
ORDER NO
++ ALLOCATED 30,000 30,000 30,000 30,000
ACTUAL ORDERED
ORDER NO
++ ALLOCATED
ACTUAL ORDERED
ORDER NO
++ ALLOCATED 50,000 100,000 50,000 100,000
ACTUAL ORDERED
ORDER NO
TOTAL ALLOCATED
ACTUAL ORDERED
* = SWAPS FOR 7150 PLATS
ALL QUANTITIES ARE APPROXIMATE ONES! 04.09.2005
++ REPRESENTS MATERIAL WHICH HAS BEEN REDACTED AND SEPARATELY FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
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