Common use of Ramp-Up Clause in Contracts

Ramp-Up. The Parties shall expand Y5 Facility NAND Flash Memory Product manufacturing capacity through development of Phase I and Phase II of the Y5 Facility as follows: (a) Minimum Commitments. (i) The initial **** L/M in aggregate increases in production capacity of the Y5 Facility shall be considered firmly committed by each Party (i.e., **** L/M each) as described below ****. (iii) **** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (b) Failure to Invest as Committed in Investment Plan or Business Plan. (i) Investment Plan. After the **** has been fulfilled by the Parties, once the Parties agree in the form of an Investment Plan (as defined below) approved by the Board of Executive Officers of Flash Forward to make investments to fulfill any given increment of capacity expansion for Flash Forward, if either Party, as the Non-Investing Party, then fails for any reason to make the investment necessary to implement its **** share of such committed increment of the capacity expansion, then the other Party, **** as applicable. The term “Investment Plan” shall mean a proposed increment of capacity expansion as set forth in the Business Plan or subsequent mutual agreement between the Parties and presented to the Board of Executive Officers of Flash Forward in accordance with Section 6.3(c).

Ramp-Up. The Parties shall expand Y5 Facility NAND Flash Memory Product manufacturing capacity through development of Phase I and Phase II of the Y5 Facility as follows: (a) Minimum Commitments. (i) The initial **** L/M in aggregate increases in production capacity of the Y5 Facility shall be considered firmly committed by each Party (i.e., **** L/M each) as described below ****. (iii) 19 **** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.. Exhibit 10.1 FOIA Confidential Treatment Requested Execution Version (b) Failure to Invest as Committed in Investment Plan or Business Plan. (i) Investment Plan. After the **** has been fulfilled by the Parties, once the Parties agree in the form of an Investment Plan (as defined below) approved by the Board of Executive Officers of Flash Forward to make investments to fulfill any given increment of capacity expansion for Flash Forward, if either Party, as the Non-Investing Party, then fails for any reason to make the investment necessary to implement its **** share of such committed increment of the capacity expansion, then the other Party, **** as applicable. The term “Investment Plan” shall mean a proposed increment of capacity expansion as set forth in the Business Plan or subsequent mutual agreement between the Parties and presented to the Board of Executive Officers of Flash Forward in accordance with Section 6.3(c).