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September 23, 2009
St.
Peters, MO, USA: MEMC and Gintech Amend Wafer Supply Agreement
MEMC
have entered into amendment number 4 to the solar wafer supply
agreement between Gintech Energy and the company's subsidiary,
MEMC Singapore Pte. Ltd.
MEMC
had previously agreed to sell solar grade silicon wafers to Gintech
over a ten-year period. Similar to amendments effected for MEMC's
other long-term solar wafer supply agreements, the amendment provides
that aggregate revenues to MEMC over the ten-year life of the
agreement will remain unchanged, but additional price reductions
for the remainder of 2009 and an increase in the minimum quantity
of wafers required to be purchased by Gintech in 2009 have been
effectuated.
The
amendment also provides a mechanism to defer potential purchase
shortfalls for a particular contract year resulting from the increased
volume commitment if certain conditions are met.
In
addition, the parties agreed that, if Gintech has complied with
certain specified conditions, future contract year pricing may
be adjusted up or down on a quarterly basis to a "competitive"
price per watt, as determined by MEMC.
Any
such changes in pricing will result in corresponding volume increases
or decreases in order to maintain the original aggregate revenues
over the ten-year life of the agreement. The amendment also includes
corresponding adjustments to the security deposit and letter of
credit requirements.
In
connection with the amendment, as additional consideration to
MEMC, Gintech agreed to sell to MEMC Gintech's share interest
in Eversol, representing approximately 8.4% of Eversol's equity
interests, at Gintech's cost of approximately $5 million, subject
to obtaining required regulatory approvals for such transfer.
Gintech
also provided MEMC with Gintech board observer rights.
Further details about: MEMC
and Gintech Energy
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