PREAMBLEAmendment Agreement • November 9th, 2012 • Memc Electronic Materials Inc • Semiconductors & related devices
is not subject to any notification obligation to the IAA, since none of the alternative relevant thresholds provided under art. 16, par. 1, IAL are met. Thus, the Parties intend to amend, inter alia, §§ 10 and 12 of the On-Site Settlement Agreement and § 6 of the Off-Site Settlement Agreement by entering into this amendment agreement (Amendment Agreement).
PREAMBLESettlement Agreement • November 9th, 2012 • Memc Electronic Materials Inc • Semiconductors & related devices
The Parties agree to settle their dispute relating to the Off-Site Supply Agreement and to continue their supply relationship going forward by terminating the Off-Site Supply Agreement and settling the damages thereunder.
BY AND BETWEEN:Settlement Agreement • November 9th, 2012 • Memc Electronic Materials Inc • Semiconductors & related devices
TERMINATION AGREEMENTTermination Agreement • November 9th, 2012 • Memc Electronic Materials Inc • Semiconductors & related devices • New York
THIS TERMINATION AGREEMENT (this "Agreement") is made as of September 24, 2012 by and among (i) MEMC SINGAPORE PTE. LTD., a Singapore corporation (“MEMC Singapore”), (ii) MEMC ELECTRONIC MATERIALS, INC., a Delaware corporation (“MEMC”; MEMC and MEMC Singapore may be referred to herein collectively as the “MEMC Parties” and individually as a “MEMC Party”), and (iii) CONERGY AG, a German corporation (“Conergy”). MEMC Singapore, MEMC and Conergy together shall be referred to as the “Parties” and individually as a “Party”. Capitalized terms not otherwise defined in this Agreement are used as defined in Exhibit A hereto or, if not defined in Exhibit A hereto, in the Wafer Supply Contract (as such term is defined in Exhibit A hereto).
