Amended and Restated Foundry Agreement Sample Contracts

AMENDMENT NO. 3 TO THE AMENDED AND RESTATED FOUNDRY AGREEMENT DATED SEPTEMBER 28, 2006
Amended and Restated Foundry Agreement • December 31st, 2009 • Spansion Inc. • Semiconductors & related devices

THIS AMENDMENT NO. 3 (this “Amendment”) to the Amended and Restated Foundry Agreement entered into as of September 28, 2006, and as amended effective June 19, 2008, and as amended a second time effective December 31, 2008 (the “Agreement”), by and between Spansion, Inc., a Delaware corporation, Spansion Technology, Inc., a Delaware corporation, and Spansion LLC, a Delaware limited liability company, solely in their capacities as guarantors of Spansion’s obligations hereunder and under the Agreement (“Guarantors”), Spansion Japan Limited, a Japanese corporation (“Spansion”), and Fujitsu Limited, a Japanese corporation (“Fujitsu”), and assigned by Fujitsu to Fujitsu Microelectronics Limited, a Japanese corporation (“FML”), effective March 21, 2008, is made and entered into as of June 30, 2009 (the “Amendment Date”).

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Subject: Extension of the Amended and Restated Foundry Agreement Reference: Amended and Restated Foundry Agreement, dated September 28, 2006
Amended and Restated Foundry Agreement • February 23rd, 2011 • Spansion Inc. • Semiconductors & related devices
AMENDMENT NO. 2 TO THE AMENDED AND RESTATED FOUNDRY AGREEMENT DATED SEPTEMBER 28, 2006
Amended and Restated Foundry Agreement • May 13th, 2009 • Spansion Inc. • Semiconductors & related devices

THIS AMENDMENT NO. 2 (this “Amendment”) to the Amended and Restated Foundry Agreement made and entered into as of September 28, 2006, as amended effective as of June 19, 2008 (the “Agreement”), by and between Spansion Inc., a Delaware corporation, Spansion Technology, Inc., a Delaware corporation, and Spansion LLC, a Delaware limited liability company, solely in their capacities as guarantors of Spansion’s obligations hereunder and under the Agreement (“Guarantors”), Spansion Japan Limited, a Japanese corporation (“Spansion”), and Fujitsu Limited, a Japanese corporation (“Fujitsu”), and assigned by Fujitsu to Fujitsu Microelectronics Limited, a Japanese corporation (“FML”), effective March 21, 2008, is made and entered into to be effective as of December 31, 2008 (the “Amendment Date”).

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