ADEQUATE PROTECTION AND SETTLEMENT AGREEMENTAdequate Protection and Settlement Agreement • November 4th, 2014 • GT Advanced Technologies Inc. • Semiconductors & related devices • New York
This Adequate Protection and Settlement Agreement (this “Settlement Agreement”), is made and entered as of October 21, 2014, by and among (i) Apple Inc., a California corporation having its principal place of business at 1 Infinite Loop, Cupertino, California 95014 (“Apple”) and Platypus Development LLC (“Platypus”, and together with Apple, the “Apple Parties”), and (ii) GTAT Corporation, a Delaware corporation, having its principal place of business at 243 Daniel Webster Highway, Merrimack, NH 03054 (“GTAT Corp.”), and GT Advanced Technologies, Inc., GT Advanced Equipment Holding LLC (“SPE”), GT Equipment Holdings, Inc., Lindbergh Acquisition Corp., GT Sapphire Systems Holding LLC, GT Advanced Cz LLC, GT Sapphire Systems Group LLC and GT Advanced Technologies Limited (“GT HK”) (together with GTAT Corp., the “GTAT Parties”). The Apple Parties and the GTAT Parties are referred to herein, collectively, as the “Parties”. Capitalized terms used but not defined herein will have the meanings
WAIVER AND AMENDMENT AGREEMENTWaiver and Amendment Agreement • November 4th, 2014 • GT Advanced Technologies Inc. • Semiconductors & related devices • New York
Reference is made to that certain Adequate Protection and Settlement Agreement (the “Settlement Agreement”), dated as of October 21, 2014 among, Apple Inc. (“Apple”), Platypus Development LLC (“Platypus”, and together with Apple, the “Apple Parties”), and GTAT Corporation, GT Advanced Technologies, Inc., GT Advanced Equipment Holding LLC, GT Equipment Holdings, Inc., Lindbergh Acquisition Corp., GT Sapphire Systems Holdings LLC, GT Advanced Cz LLC, GT Sapphire Systems Group LLC, and GT Advanced Technologies Limited (collectively, the “GTAT Parties”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Settlement Agreement.
