EXCLUSIVE SUPPLY AGREEMENTExclusive Supply Agreement • December 16th, 2014 • Charles & Colvard LTD • Jewelry, silverware & plated ware • North Carolina
This Exclusive Supply Agreement (“Agreement”) dated as of December 12, 2014 (the “Effective Date”), is entered into by and between CHARLES & COLVARD, LTD., a North Carolina corporation, with its principal place of business at 170 Southport Drive, Morrisville, North Carolina 27560 (“C&C”), CREE, INC., a North Carolina corporation, with its principal place of business located at 4600 Silicon Dr., Durham, North Carolina 27703 (“Cree”), and, solely for purposes of Section 6(c), Charles & Colvard Direct, LLC (“C&C Direct”) and Moissanite.com, LLC (“Moissanite”; C&C, C&C Direct, and Moissanite may be referred to herein individually as an “Obligor” and collectively as “Obligors”). C&C and Cree may be referred to hereinafter individually as “Party” and collectively as “Parties”.
Charles & Colvard and Cree Enter Into a New Exclusive Supply AgreementCharles & Colvard LTD • December 16th, 2014 • Jewelry, silverware & plated ware
MORRISVILLE, NC—December 16, 2014—Charles & Colvard, Ltd. (NASDAQ: CTHR), the sole source of created moissanite and Forever Brilliant®, The World’s Most Brilliant Gem®, entered into a new Exclusive Supply Agreement on December 12, 2014 with Cree, Inc. (NASDAQ: CREE) for purchases of silicon carbide (SiC) crystals.
INTERCREDITOR AGREEMENTIntercreditor Agreement • December 16th, 2014 • Charles & Colvard LTD • Jewelry, silverware & plated ware • Georgia
THIS INTERCREDITOR AGREEMENT, dated as of December 12, 2014 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), is by and among CHARLES & COLVARD, LTD. (“C&C”), CHARLES & COLVARD DIRECT, LLC (“C&C Direct”), MOISSANITE.COM, LLC (“Moissanite”; C&C, C&C Direct and Moissanite are sometimes referred to herein individually as an “Obligor” and collectively as “Obligors”), CREE, INC. (“Cree”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Wells Fargo”).
SECOND AMENDMENT TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • December 16th, 2014 • Charles & Colvard LTD • Jewelry, silverware & plated ware • Georgia
This Second Amendment to Credit and Security Agreement, dated as of December 12, 2014 (this “Agreement”), is made by and among WELLS FARGO BANK, NATIONAL ASSOCIATION (“Lender”), CHARLES & COLVARD, LTD., a North Carolina corporation (“Parent”), CHARLES & COLVARD DIRECT, LLC, a North Carolina limited liability company (“C&C Direct”), and MOISSANITE.COM, LLC, a North Carolina limited liability company (“Moissanite”; Parent, C&C Direct and Moissanite are sometimes referred to herein individually as a “Borrower” and collectively as the “Borrowers”).
