0000950123-06-009221 Sample Contracts

Qimonda AG Confidential Materials Omitted and Filed Separately with the Securities and Exchange Commission. Confidential Portions denoted by [***]. (110 nm) License and (90/70 nm) Technical Cooperation Agreement between Nanya Technology Corporation...
License and Technical Cooperation Agreement • July 21st, 2006 • Qimonda AG

This Agreement is made and entered into by and between Infineon Technologies AG, duly organized and existing under the laws of the Federal Republic of Germany, having its principal place of business at St.-Martin-Strasse 53, 81669 Munich, Germany (“Infineon”) and Nanya Technology Corporation, duly organized and existing under the laws of Taiwan (ROC), having its principal place of business at Hwa-Ya Technology Park 669, Fuhsing 3rd Road, Taoyuan, Taiwan, Republic of China (“Nanya”).

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Qimonda AG Confidential Materials Omitted and Filed Separately with the Securities and Exchange Commission. Confidential Portions denoted by [***]. between Nanya Technology Corporation and Infineon Technologies AG for DRAM Process Technology
Technical Cooperation Agreement • July 21st, 2006 • Qimonda AG

This Agreement is made and entered into by and between Infineon Technologies AG, duly organized and existing under the laws of the Federal Republic of Germany, having its principal place of business at St.-Martin-Strasse 53, 81669 Munich, Germany (“Infineon”) and Nanya Technology Corporation, duly organized and existing under the laws of Taiwan (ROC), having its principal place of business at Hwa-Ya Technology Park 669, Fuhsing 3rd Road, Taoyuan, Taiwan, Republic of China (“Nanya”).

Contract
Contribution Agreement • July 21st, 2006 • Qimonda AG
Qimonda AG Confidential Materials Omitted and Filed Separately with the Securities and Exchange Commission. Confidential Portions denoted by [***]. Product Purchase And Capacity Reservation Agreement - hereinafter referred to as the “Agreement” - by...
Capacity Reservation Agreement • July 21st, 2006 • Qimonda AG

WHEREAS, Infineon and SMIC, concurrently with this Agreement, have entered into an agreement regarding the transfer of certain know how and technologies by Infineon to SMIC for the manufacture of Contract Products (as defined below) and under which Infineon grants to SMIC certain rights to manufacture and sell Contract Products only to Infineon and/or the Infineon Subsidiaries (as defined below);

Qimonda AG Confidential Materials Omitted and Filed Separately with the Securities and Exchange Commission. Confidential Portions denoted by [***]. Fourth Amendment to Joint Venture Agreement dated 13 November 2002
Joint Venture Agreement • July 21st, 2006 • Qimonda AG

Nanya Technology Corporation, a company legally established under the laws of the Republic of China and having its head office at Hwa-Ya Technology Park 669, Fuhsing 3rd Road, Kueishan, Taoyuan, Taiwan, Republic of China (hereinafter “NTC”),

Qimonda AG Confidential Materials Omitted and Filed Separately with the Securities and Exchange Commission. Confidential Portions denoted by [***]. Cooperative Joint Venture Contract for the establishment of Infineon Technologies Suzbou Co., Ltd. by...
Cooperative Joint Venture Contract • July 21st, 2006 • Qimonda AG

THIS COOPERATIVE JOINT VENTURE CONTRACT (this “Contract”) is entered into this 28th day of July, 2003 in accordance with the “Law on Sino-foreign Cooperative Joint Ventures of the People’s Republic of China” and other applicable Chinese laws and regulations by and between Infineon Technologies China Co., Ltd. (“Party A”), a holding company with limited liability formed in PRC whose principal office is located at No. 7, Lane 647 Song Tao Road, Zhangjiang Hi-tech Park, Pudong New District, Shanghai, PRC, and China-Singapore Suzhou Industrial Park Ventures Co., Ltd. (“Party B”), a limited liability company duly organized and validly existing under the laws of China whose principal office is located at 11th Floor International Building, #2 Suhua Road Suzhou Industrial Park, Jiangsu, PRC.

DEPOSIT AGREEMENT by and among QIMONDA AG, AND CITIBANK, N.A., as Depositary, AND THE HOLDERS AND BENEFICIAL OWNERS OF AMERICAN DEPOSITARY SHARES ISSUED HEREUNDER FROM TIME TO TIME Dated as of [date], 2006
Deposit Agreement • July 21st, 2006 • Qimonda AG • New York

DEPOSIT AGREEMENT, dated as of [date], 2006, by and among (i) QIMONDA AG, a company organized under the laws of the Federal Republic of Germany, and its successors (the “Company”), (ii) CITIBANK, N.A., a national banking association organized under the laws of the United States of America acting in its capacity as depositary, and any successor depositary hereunder (the “Depositary”), and (iii) all Holders and Beneficial Owners from time to time of American Depositary Shares issued hereunder (all such capitalized terms as hereinafter defined).

Qimonda AG Confidential Materials Omitted and Filed Separately with the Securities and Exchange Commission. Confidential Portions denoted by [***]. Product Purchase And Capacity Reservation Agreement 300mm - hereinafter referred to as the “Agreement”-...
Qimonda AG • July 21st, 2006

WHEREAS, Infineon and Winbond, on May 02, 2002, have entered into that certain Know How Transfer Agreement regarding Infineon’s 110nm DRAM technology for use with certain DRAM products and that certain Product Purchasing and Capacity Reservation Agreement and its First Addendum related thereto;

Qimonda AG Confidential Materials Omitted and Filed Separately with the Securities and Exchange Commission Confidential Portions denoted by [***] Product Purchase and Capacity Reservation Agreement by and between Hwa-Ya Semiconductor Inc., having its...
Qimonda AG • July 21st, 2006

WHERAS, NTC and Infineon have formed JV as a joint venture company for the development, manufacture and sale of semiconductor products subject to a Joint Venture Agreement (“Joint Venture Agreement”);

Trust Agreement between Infineon Technologies AG, Munich – “Infineon”– and Qimonda AG, Munich – “Qimonda”– Preamble
Trust Agreement • July 21st, 2006 • Qimonda AG

Infineon is the owner of 1,104,665,707 shares at the nominal value of 10 New Taiwan Dollars per share (“shares”) of Inotera Memories, Inc. with its registered office in Taoyuan, Taiwan, (“the Company”). The company has been listed since March 17, 2006 on the Taiwan Stock Exchange. According to the regulations of Taiwanese stock exchange law, Infineon is therewith subject to statutory disposal regulations related to the shares. Infineon is engaged in negotiations with the

Qimonda AG Confidential Materials Omitted and Filed Separately with the Securities and Exchange Commission. Confidential Portions denoted by [***]. SETTLEMENT AND LICENSE AGREEMENT
Settlement and License Agreement • July 21st, 2006 • Qimonda AG • Delaware

THIS SETTLEMENT AND LICENSE AGREEMENT (the “Agreement”) is made by and among Rambus Inc. (“Rambus”), on the one hand, and Infineon Technologies AG, Infineon Technologies North America Corp. and Infineon Technologies Holding North America Inc. (collectively, “Infineon”), on the other hand, effective as of March 18, 2005 (“Effective Date”).

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