SUPPLY AGREEMENT EVERGREEN SOLAR, INC. and DC CHEMICAL CO., LTD. Dated as of January 30, 2008Supply Agreement • February 27th, 2008 • Evergreen Solar Inc • Semiconductors & related devices
THIS SUPPLY AGREEMENT (this “Agreement”) is entered into as of January 302008, (the “Effective Date”), by and between DC Chemical Co., Ltd., a corporation organized under the laws of Korea, having its registered office at Oriental Chemical Building, 50, Sogong-Dong, Jung-Gu, Seoul, 100-718, Korea (“DCC”), and Evergreen Solar, Inc., a company organized under the laws of Delaware, having its principal place of business at 138 Bartlett Street, Marlboro, Massachusetts 01752, U.S.A.(“Buyer”). Each of DCC and Buyer is referred to herein individually as a “Party” and collectively as the “Parties.”
ContractEvergreen Solar Inc • February 27th, 2008 • Semiconductors & related devices
CONFIDENTIAL TREATMENT REQUESTED: Certain portions of this document have been omitted pursuant to a request for confidential treatment and, where applicable, have been marked with an asterisk (“[****]”) to denote where omissions have been made. The confidential material has been filed separately with the Securities and Exchange Commission.
MASSACHUSETTS DEVELOPMENT FINANCE AGENCY PROJECT GRANT AGREEMENTProject Grant Agreement • February 27th, 2008 • Evergreen Solar Inc • Semiconductors & related devices • Massachusetts
This Project Grant Agreement (the “Agreement”) dated as of November 20, 2007, is entered into between the Massachusetts Development Finance Agency (“MDFA”), a Massachusetts body politic and corporate and a public instrumentality of The Commonwealth of Massachusetts (the “Commonwealth”) established under Chapter 23G of the Massachusetts General Laws as amended (the “Act”) , having its principal office and place of business at 160 Federal Street, Boston, Massachusetts 02110, and Evergreen Solar, Inc., a Delaware corporation, with a principal place of business at 138 Bartlett Street, Marlborough, Massachusetts 01752 (“Grantee”) (MDFA and Grantee are together referred to as the “Parties”).
GROUND LEASE MASSACHUSETTS DEVELOPMENT FINANCE AGENCY as Landlord and EVERGREEN SOLAR, INC. as Tenant Dated as of November 20, 2007Massachusetts Development Finance Agency • February 27th, 2008 • Evergreen Solar Inc • Semiconductors & related devices • Massachusetts
THIS GROUND LEASE (this “Lease”), is made as of this 20th day of November, 2007 by and between MASSACHUSETTS DEVELOPMENT FINANCE AGENCY, a Massachusetts body politic and corporate established under Chapter 23G of the Massachusetts General Laws, successor-in-interest to the Government Land Bank under Chapter 289 of the Acts of 1998, having an address at 160 Federal Street, Boston, Massachusetts 02110 (the “Landlord”) and EVERGREEN SOLAR, INC., a Delaware corporation, having its principal office at 138 Bartlett Street, Marlborough, MA 01752 (the “Tenant”).
MEMORANDUM OF UNDERSTANDINGEvergreen Solar Inc • February 27th, 2008 • Semiconductors & related devices
THIS MEMORANDUM OF UNDERSTANDING (the “MOU”) is entered into as of October 25, 2007 by and among Evergreen Solar, Inc., a corporation organized under the laws of Delaware, USA (“ESLR”), Q-Cells AG, a stock corporation organized under the laws of Germany (“QC”), Renewable Energy Corporation ASA, a stock corporation organized under the laws of Norway (“REC”, and together with ESLR and QC, the “Parents”), and EverQ GmbH, a limited liability company organized under the laws of Germany (“EQ”). Each of the Parents respectively and EverQ may individually hereinafter sometimes be referred to as “a Party” and collectively as “the Parties”). Capitalized terms used herein shall have the definitions set forth in Section A of this MOU.
SUBORDINATED LOAN AGREEMENTSubordinated Loan Agreement • February 27th, 2008 • Evergreen Solar Inc • Semiconductors & related devices
SUPPLY AGREEMENTSupply Agreement • February 27th, 2008 • Evergreen Solar Inc • Semiconductors & related devices
This Agreement is made as of October 24, 2007 between EVERGREEN SOLAR, INC., a Delaware corporation, having its registered office at 138 Bartlett Street, Marlboro, MA 01752 USA, , represented by Vice President Richard Chleboski (hereinafter “ESLR”) and SOLARICOS TRADING, LTD., a company organized and existing under the laws of Cyprus, having its registered office at 70 JF Kennedy Avenue, Papabasiliou House, 1st floor, Nicosia 1076, Cyprus, represented by Director Khomchenko Evgenia (hereinafter “NITOL”).
MASSACHUSETTS TECHNOLOGY PARK CORPORATION PROJECT GRANT AGREEMENTProject Grant Agreement • February 27th, 2008 • Evergreen Solar Inc • Semiconductors & related devices • Massachusetts
This Project Grant Agreement (the “Agreement”) dated as of November 20, 2007, is entered into between the Massachusetts Technology Park Corporation doing business as the Massachusetts Technology Collaborative (“MTC”), an independent public instrumentality of the Commonwealth of Massachusetts and the administrator of the Massachusetts Renewable Energy Trust Fund (the “Trust”), having its principal office and place of business at 75 North Drive, Westborough, Massachuetts 01581, and Evergreen Solar, Inc., a Delaware corporation, with a principal place of business at 138 Bartlett Street, Marlborough, Massachusetts 01752 (“Grantee”) (MTC and Grantee collectively as the “Parties”).
