STF Supply Agreement Sample Contracts

AMENDED AND RESTATED STF SUPPLY AGREEMENT
STF Supply Agreement • August 7th, 2008 • Memc Electronic Materials Inc • Semiconductors & related devices • North Carolina

This Amended and Restated STF Supply Agreement (this “Agreement”), dated this 30th day of April, 2007, by and among MEMC ELECTRONIC MATERIALS, INC., a Delaware corporation with its principal place of business at 501 Pearl Drive (City of O’Fallon), St. Peters, Missouri 63376 (“MEMC”), PCS PHOSPHATE COMPANY, INC., a Delaware corporation with its principal place of business at Hwy 306 N, Aurora, North Carolina 27806 (“PCS Phosphate”), and PCS SALES (USA), INC., a Delaware corporation (“PCS Sales”) (PCS Phosphate and PCS Sales may be collectively referred to as “PCS”) amends and restates the STF Supply Agreement dated as of October 31, 2005 (the “Original Agreement”) by and among the same parties. PCS Phosphate and PCS Sales are indirect, wholly owned subsidiaries of Potash Corporation of Saskatchewan Inc. PCS and MEMC are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

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SECOND AMENDMENT TO THE AMENDED & RESTATED STF SUPPLY AGREEMENT
STF Supply Agreement • August 8th, 2012 • Memc Electronic Materials Inc • Semiconductors & related devices • North Carolina

This Second Amendment to the Amended and Restated STF Supply Agreement (this “Amendment”) is made this 30th day of June, 2012 (“the Effective Date”), by and among PCS Phosphate Company, Inc., a Delaware corporation (“PCS Phosphate”), PCS Sales (USA), Inc., a Delaware corporation (“PCS Sales”) (PCS Phosphate and PCS Sales may be collectively referred to as “PCS”), and MEMC Electronic Materials, Inc., a Delaware corporation (“MEMC”).

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