DISTRIBUTORSHIP AGREEMENTDistributorship Agreement • September 25th, 2003 • Cree Inc • Semiconductors & related devices • New York
THIS AGREEMENT is made and entered into this the 5th day of April 2002 (the “Effective Date”) by and between CREE, INC., a corporation organized and existing under the laws of the State of North Carolina, U.S.A., having its principal place of business at 4600 Silicon Drive, Durham, North Carolina 27703 (“Manufacturer”), and SUMITOMO CORPORATION, a corporation organized and existing under the laws of Japan, having its principal place of business at [***], Tokyo 104-8610, Japan (“Distributor”).
Robert S. Thomas Charles M. SwobodaCree Inc • September 25th, 2003 • Semiconductors & related devices
This letter, when signed on behalf of Charles & Colvard, Ltd. (formerly C3 Inc.) and Cree, Inc., will serve as an agreement between Charles & Colvard and Cree amending the parties’ March 8, 2002 letter agreement to provide the following terms, effective on and after July 1, 2002. As defined in the March 8, 2002 letter agreement, the development agreement will expire upon Charles & Colvard’s purchasing the quantity of SiC production crystals specified in that agreement.
CONFIDENTIAL March 14, 2003 Sumitomo Corporation Tokyo 104-8610, Japan Re: Annual Renewal of Distributorship Agreement Dear Mr. [***]:Cree Inc • September 25th, 2003 • Semiconductors & related devices
This letter will serve to document the following agreements and understandings reached between Sumitomo Corporation (“Sumitomo”) and Cree, Inc. (“Cree”) in connection with the annual renewal of the Distributorship Agreement dated April 5, 2002 between Cree and Sumitomo (the “Distributorship Agreement”):
July 14, 1997Development Agreement • September 25th, 2003 • Cree Inc • Semiconductors & related devices
This letter confirms the following representations made by, and understandings reached between, C3, Inc. (“C3”) and Cree Research, Inc. (“Cree”) in connection with the execution of the Development Agreement and Supply Agreement referenced above:
Re: Agreement Regarding Advanced Diamond DetectorCree Inc • September 25th, 2003 • Semiconductors & related devices
This letter will serve to evidence the agreement between C3 Diamante, Inc. (“C3”) and Cree Research, Inc. (“Cree”) concerning the development of an advanced diamond tester conceived by C3, specifically, a device that distinguishes diamond from other materials by means of [***] testing (referred to below as the “Detector”).
AWARD / CONTRACT 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350) RATING DO PAGE OF PAGES 1 50 2. CONTRACT (PROC. INST. IDENT.) NO. DAAD17-02-C-0073 3. EFFECTIVE DATE 01 Feb 2002 4. REQUISITION / PURCHASE REQUEST / PROJECT NO....Award / Contract • September 25th, 2003 • Cree Inc • Semiconductors & related devices
The Contracting Officer may exercise the option(s) contained at CLIN(s) 0003 and 0004 by written modification to the contract anytime prior to contract completion.
January 31, 1996 C3 Diamante, Inc. Raleigh, North Carolina 27607-5458 Attention: C. Eric Hunter, PresidentCree Inc • September 25th, 2003 • Semiconductors & related devices
This letter will serve to evidence the agreement between C3 Diamante, Inc. (“C3”) and Cree Research, Inc. (“Cree”) concerning the invention made by Cree employees relating to [***] for growth of highly-transparent silicon carbide crystals (the “Invention”).
AWARD / CONTRACT 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350) è RATING DO-C9(T) PAGE OF PAGES 1 16Award / Contract • September 25th, 2003 • Cree Inc • Semiconductors & related devices
This is a Master Small Business Subcontracting Plan. This Plan contains all the required elements of an individual contract plan except individual goals established for each Government contract or major subcontract. In addition, Cree shall submit a contract specific Plan to the contracting officer/buyer for final negotiation and approval. The contract specific plan will include goals based on the planned subcontracting for that contract.
AMENDMENT NO. 2 TO PURCHASE AND SUPPLY AGREEMENTPurchase and Supply Agreement • September 25th, 2003 • Cree Inc • Semiconductors & related devices
This Amendment No. 2 to Purchase and Supply Agreement (“Amendment No. 2”) is entered into by and between Spectrian Corporation, a Delaware corporation (“Spectrian”) and UltraRF, Inc., a North Carolina corporation (“UltraRF”) formerly known as Zoltar Acquisition, Inc. and a wholly-owned subsidiary of Cree, Inc., effective as of March 31, 2002 (“Amendment Effective Date”).
July 14, 1997Development Agreement • September 25th, 2003 • Cree Inc • Semiconductors & related devices
This letter confirms the following representations made by, and understandings reached between, C3, Inc. (“C3”) and Cree Research, Inc. (“Cree”) in connection with the execution of the Development Agreement and Supply Agreement referenced above:
AWARD / CONTRACT 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350) è RATING DO-C9 PAGE OF PAGES 1 16 USAF/AFMC AIR FORCE RESEARCH LABORATORY/ 2530 C STREET, BUILDING 7 WRIGHT-PATTERSON AFB OH 45433-7607 WILLIAM O. BEEMAN 937-255-3506 DCMC...Award / Contract • September 25th, 2003 • Cree Inc • Semiconductors & related devices
[***] Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
AWARD / CONTRACT 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350) RATING DO-C9(T) PAGE OF PAGES 1 17Contract Number • September 25th, 2003 • Cree Inc • Semiconductors & related devices
AMENDMENT OF PURCHASE AND SUPPLY AGREEMENTPurchase and Supply Agreement • September 25th, 2003 • Cree Inc • Semiconductors & related devices
This Agreement, dated as of October 19, 2001 (referred to below as this “Amendment”), is entered into by and between Spectrian Corporation (“Spectrian”), a Delaware corporation, and UltraRF, Inc. (“UltraRF”), a North Carolina corporation, as an amendment of the Purchase and Supply Agreement dated as of December 29, 2000 (the “Supply Agreement”) previously entered into by Spectrian and UltraRF (then known as Zoltar Acquisition, Inc.). All capitalized terms used in this Amendment without definition shall have the meanings set forth in the Supply Agreement.
SETTLEMENT AGREEMENT AND RELEASESettlement Agreement and Release • September 25th, 2003 • Cree Inc • Semiconductors & related devices • California
This Settlement Agreement and Release (“Agreement”) is effective as of November 15, 2002 (the “Effective Date”) among Spectrian Corporation (“Spectrian”), Cree, Inc., and Cree Microwave, Inc., a wholly owned subsidiary of Cree, Inc. that was formerly known as UItraRF, Inc. and, prior to that, as Zoltar Acquisition, Inc. (Cree, Inc. and Cree Microwave, Inc. shall be collectively referred to herein as “Cree.” Spectrian and Cree shall be referred to collectively herein as the “Parties.”)
AMENDED AND RESTATED EXCLUSIVE SUPPLY AGREEMENTAmended and Restated Exclusive Supply Agreement • September 25th, 2003 • Cree Inc • Semiconductors & related devices • North Carolina
THIS AMENDED AND RESTATED EXCLUSIVE SUPPLY AGREEMENT (this “Agreement”) is made and entered into effective as of the 6th day of June, 1997, by and between CREE RESEARCH, INC. (“Cree”), a North Carolina corporation having its principal offices at 2810 Meridian Parkway, Suite 144, Durham, North Carolina, 27713, and C3, INC. (“C3”), a North Carolina corporation formerly known as C3 Diamante, Inc. and having its principal offices at P.O. Box 13533, Research Triangle Park, North Carolina 27709-3533.
PURCHASE AND SUPPLY AGREEMENTPurchase and Supply Agreement • September 25th, 2003 • Cree Inc • Semiconductors & related devices • North Carolina
This Purchase and Supply Agreement (“Agreement”) dated as of December 29, 2000 is entered into by and between Spectrian Corporation (“Spectrian”), a Delaware corporation, and Zoltar Acquisition, Inc. (“Newco”), a North Carolina corporation and a wholly-owned subsidiary of Cree, Inc., a North Carolina corporation (“Parent”).
