Supplemental Agreement II
| * Confidential treatment has been requested for certain portions omitted from this exhibit pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Confidential portions of this Exhibit have been separately filed with the Securities and Exchange Commission. |
English
translation for reference purpose only
Exhibit
4.9
Date:
August 8, 2008
Buyer:
JingAo Solar Co., Ltd.
Address:
JingLong Industrial Park, JingLong Street, NingJin, Hebei, China
Seller:
Zhejiang Yuhui Solar Energy Source Co., Ltd.
Address:
Xx. 0 Xxxxxx Xxxx, Xxx Xxxxxx Xxxx Industrial Park, Jiashan,
Zhejiang
On
August 10, 2007, the Buyer and the Seller entered into the Sale and Purchase
Contract (Contract No.YGX0708100001) (hereinafter referred to as the
“YGX0708100001 Contract”), which sets out the sale and purchase of
mono-crystalline silicon wafers for 2008, 2009 and 2010; on December 13, 2007,
the Buyer and the Seller entered into the Sale and Purchase Contract (Contract
No. YGX0711150001-122) (hereinafter referred to as the “YGX0711150001-122 Contract”), which sets out the sale and purchase of
mono-crystalline silicon wafers from 2008 to 2013; on July 11, 2008, the Buyer
and the Seller signed a supplemental agreement (hereinafter referred to as
“Supplement I”), supplementing the quantity and price information in third and
fourth quarter of 2009 under the YGX0708100001 Contract and the
YGX0711150001-122 Contract.
After
friendly negotiation, both parties agree to this Supplement II as
follows:
1. Both
parties agree to add 156*156 mono-crystalline silicon wafers as one of the
products to be delivered, which means that wafers with the specification of
150mm 156*156, 150mm 125*125 and 165mm 125*125 can all qualify as products to be
delivered under the YGX0708100001 Contract and the YGX0711150001-122
Contract.
2. The
price of 156*156 mono-crystalline silicon wafers in 2008 is ***/piece (including
tax). The price for 2009 and the years thereafter is to be otherwise discussed
and agreed one month before the end of the preceding year.
3. Quantity:
the conversion ratio of 156*156 mono-crystalline silicon wafer to 150mm, 125*125
silicon wafer is ***, which means one piece of 156*156 mono-crystalline silicon
wafer equals to 1.6 piece of 150mm, 125*125 silicon wafer. Before the end of
December 2008, the 156*156 mono-crystalline silicon wafers provided by the
Seller each month under the two sale and purchase agreements shall not exceed
*** pieces, the supply
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Xx.
00, Xxxxx Xxxxx Xxx Xx., Xxxxxx, Xxxxxxxx Xxxxx 000000
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||
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TEL:
(00 00)00000000
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FAX(86
21)60955855
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WEBSITE:
xxx.xxxxxxx.xxx
|
| * Confidential treatment has been requested for certain portions omitted from this exhibit pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Confidential portions of this Exhibit have been separately filed with the Securities and Exchange Commission. |
quantity
of 156*156 mono-crystalline silicon wafer for 2009 and the years thereafter
shall be otherwise discussed and agreed one month before the end of the
preceding year.
4. Any
matters not included in this Supplement II shall conform to the YGX0708100001
Contract, the YGX0711150001-122 Contract and Supplement I, while matters clearly
stipulated under this Supplement II shall prevail.
5. This
Supplement II shall form an integral part to the YGX0708100001 Contract, the
YGX0711150001-122 Contract and Supplement I with the same legal
effect.
6. This
Supplement II shall become effective upon signature by the parties hereto and be
made in two counterparts, each of which shall be held by one party.
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Buyer
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JingAo
Solar Co., Ltd.
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Seller
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Zhejiang
Yuhui Solar Energy Source Co., Ltd.
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Signature
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Signature
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Xx.
00, Xxxxx Xxxxx Xxx Xx., Xxxxxx, Xxxxxxxx Xxxxx 000000
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TEL:
(00 00)00000000
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FAX(86
21)60955855
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WEBSITE:
xxx.xxxxxxx.xxx
|
