AGREEMENTAgreement • November 7th, 2008 • Spansion Inc. • Semiconductors & related devices • California
This agreement (“Agreement”) is made and entered into by and among Spansion Inc., a Delaware corporation with an office at 915 DeGuigne Drive, Sunnyvale, CA 94088-3453, U.S.A., Fujitsu Limited, a Japanese corporation having a place of business at 1-1, Kamikodanaka 4-chome, Nahahara-ku, Kawasaki, 211-8588, Japan, and Fujitsu Microelectronics Limited, a Japanese corporation having a place of business at 50 Fuchigami, Akiruno, Tokyo, 197-0833, Japan, which is a Subsidiary (as defined in Section 1.6) of Fujitsu Limited as of the Effective Date. Spansion and Fujitsu are referred to individually as a “Party” or collectively as the “Parties.”
FOUNDRY AGREEMENTFoundry Agreement • November 7th, 2008 • Spansion Inc. • Semiconductors & related devices • California
This Foundry Agreement is entered into as of August 31, 2007 (the “Effective Date”), by and between Semiconductor Manufacturing International Corporation, a Cayman Islands company, on behalf of itself and its Affiliates, including without limitation the Facilities (as defined below) (“SMIC”), and Spansion LLC, a limited liability company organized in the State of Delaware, on behalf of itself and its Affiliates (“Spansion”). In consideration of the mutual covenants and conditions contained herein, the Parties agree as follows:
AMENDMENT NO. 2 TO THE AMENDED AND RESTATED FUJITSU DISTRIBUTION AGREEMENT DATED DECEMBER 21, 2005Fujitsu Distribution Agreement • November 7th, 2008 • Spansion Inc. • Semiconductors & related devices
This AMENDMENT NO. 2 (this “Amendment No. 2”) to the Amended and Restated Fujitsu Distribution Agreement dated December 21, 2005, as amended effective as of October 1, 2007, originally entered into between Spansion Inc., a Delaware corporation (“Spansion”) and Fujitsu Limited, a Japanese corporation (“Fujitsu”) and succeeded to by Fujitsu Microelectronics Limited, a Japanese corporation (“FML”) effective as of March 21, 2008 (the “Agreement”), is entered into as of the dates set forth below and effective as of September 30, 2008.
FIRST AMENDMENT TO FOUNDRY AGREEMENTFoundry Agreement • November 7th, 2008 • Spansion Inc. • Semiconductors & related devices
THIS FIRST AMENDMENT is by and between SPANSION LLC, a limited liability company organized in the State of Delaware, having its principal place of business at 915 DeGuigne Drive, Sunnyvale, California, 94088-3453, on behalf of itself and its Affiliates (hereinafter referred to as “Spansion”), and Semiconductor Manufacturing International Corporation, a Cayman Islands company, having its principal place of business at 18 Zhangjiang Road, Pudong New Area, Shanghai, P.R.C. Zip: 201203, on behalf of itself and its Affiliates, including without limitation the Facilities (as defined in the Foundry Agreement) (hereinafter called “SMIC”).
