AMENDED AND RESTATED CREDIT AGREEMENT Dated as of December 23, 2009, and Amended and Restated as of March 23, 2011 among MEMC ELECTRONIC MATERIALS, INC., as Borrower, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer,...Credit Agreement • May 5th, 2011 • Memc Electronic Materials Inc • Semiconductors & related devices • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of March 23, 2011, among MEMC ELECTRONIC MATERIALS, INC., a Delaware corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and amends and restates that certain Credit Agreement, dated as of December 23, 2009 (the “Closing Date”), as amended on June 29, 2010, September 30, 2010, February 4, 2011 and March 2, 2011, among the Borrower, Bank of America, N.A., as administrative agent, swingline lender and L/C issuer, and the lenders from time to time party thereto, (as otherwise amended or modified and in effect immediately prior to the effectiveness of the amendment and restatement thereof on the Restatement Date, the “Existing Credit Agreement”).
JOINT VENTURE AGREEMENTJoint Venture Agreement • May 5th, 2011 • Memc Electronic Materials Inc • Semiconductors & related devices
WHEREAS, MEMC Singapore is engaged in the business of developing, manufacturing and distributing polysilicon products;
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • May 5th, 2011 • Memc Electronic Materials Inc • Semiconductors & related devices • New York
THIS THIRD AMENDMENT TO CREDIT AGREEMENT dated as of February 4, 2011 (this “Amendment”), is entered into among MEMC ELECTRONIC MATERIALS, INC., a Delaware corporation (the “Borrower”), the Lenders identified on the signature pages hereto and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”).
SEPARATION AGREEMENT AND GENERAL RELEASESeparation Agreement • May 5th, 2011 • Memc Electronic Materials Inc • Semiconductors & related devices • Missouri
This Separation Agreement and General Release (“Agreement”) is made and entered into by and between Tim Oliver (“Mr. Oliver”) on one hand, and MEMC Electronic Materials, Inc. on the other. In consideration of the following promises, the parties agree as follows:
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • May 5th, 2011 • Memc Electronic Materials Inc • Semiconductors & related devices • New York
THIS FOURTH AMENDMENT TO CREDIT AGREEMENT dated as of March 2, 2011 (this “Amendment”), is entered into among MEMC ELECTRONIC MATERIALS, INC., a Delaware corporation (the “Borrower”), the Lenders identified on the signature pages hereto and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”).
