0000867773-09-000027 Sample Contracts

Contract
Continuing Guaranty • May 8th, 2009 • Sunpower Corp • Semiconductors & related devices • California
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LONG-TERM SUPPLY AGREEMENT
Long-Term Supply Agreement • May 8th, 2009 • Sunpower Corp • Semiconductors & related devices • Michigan

In the above example, the Annual Electricity Percentage for 2009 is ***%, reflecting the rate change from 2007 to 2008. The Annual Electricity Percentage for 2010 is ***%, reflecting the rate change from 2008 to 2009. The Cumulative Electricity Base Percentage in 2010 is ***%, reflecting the annual compounding of the Electricity Base Percentage beginning in 2009. There is no upward price adjustment for 2009 or 2010 because the Cumulative Average Actual Electricity Percentage does not exceed the Cumulative Electricity Base Percentage by at least one whole percentage point in either year; rather, it is ***% lower in 2009 and ***% lower in 2010. Notwithstanding that the Cumulative Average Actual Electricity Percentage is lower than the Cumulative Average Electricity Base Percentage, there are no downward price adjustments, and the same is true for 2011. The Gross Price increase of $*** per kilogram effective January 1, 2012, reflects that the Cumulative Average Actual Electricity Percenta

Amendment No. 3 to Turnkey Engineering, Procurement and Construction Agreement
Turnkey Engineering, Procurement and Construction Agreement • May 8th, 2009 • Sunpower Corp • Semiconductors & related devices

This Amendment No. 3 to Turnkey Engineering, Procurement and Construction Agreement for Solar Photovoltaic Generating Facility (this “Amendment”), is made and entered into as of this 26th day of March 2009, by and among Florida Power and Light Company (“FPL”) and SunPower Corporation, Systems (“Contractor”, together with FPL, the “Parties”, individually, a “Party”).

AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • May 8th, 2009 • Sunpower Corp • Semiconductors & related devices • California

THIS AMENDED AND RESTATED CREDIT AGREEMENT (this "Agreement") is entered into as of March 20, 2009, by and between SUNPOWER CORPORATION, a Delaware corporation ("Borrower"), and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank").

AMENDMENT TO LONG-TERM SUPPLY AGREEMENT
Long-Term Supply Agreement • May 8th, 2009 • Sunpower Corp • Semiconductors & related devices • Michigan

This AMENDMENT TO LONG-TERM SUPPLY AGREEMENT, dated as of __1-6-09____, is entered into by and between HEMLOCK SEMICONDUCTOR, LLC, a Delaware limited liability company with its principal place of business at 12334 Geddes Road, Hemlock, Michigan 48262 (“Seller”), SUNPOWER CORPORATION a United States corporation with its principal place of business at 3939 North First Street, San Jose, California 95134 (“Parent”), and SUNPOWER PHILIPPINES MANUFACTURING LIMITED, a Cayman Islands business and wholly owned subsidiary of Parent, with a branch office at 100 East Main Avenue, Phase 4, Special Economic Zone, Laguna Techno Park, Binan, Laguna, Philippines 4024 (“Subsidiary”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Supply Agreement (defined below).

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