ContractDeposit Agreement • April 14th, 2014 • Daqo New Energy Corp. • Semiconductors & related devices • New York
AMENDMENT NO. 1, dated as of December 11, 2012 (the "Amendment"), to the Deposit Agreement dated as of October 6, 2010 (the "Deposit Agreement") among Daqo New Energy Corp., incorporated under the laws of the Cayman Islands (the "Company"), JPMorgan Chase Bank, N.A., as depositary (the "Depositary"), and all holders from time to time of American depositary receipts ("ADRs") issued thereunder.
FORM OF EMPLOYMENT AGREEMENTForm of Employment Agreement • January 12th, 2010 • Daqo New Energy Corp. • New York
This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of , by and between Daqo New Energy Corp., a company incorporated and existing under the laws of the Cayman Islands (the “Company”) and , an individual (the “Executive”). The term “Company” as used herein with respect to all obligations of the Executive hereunder shall be deemed to include the Company and all of its direct or indirect parent companies, subsidiaries, affiliates, or subsidiaries or affiliates of its parent companies (collectively, the “Group”).
FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • January 12th, 2010 • Daqo New Energy Corp. • New York
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is made as of , 2009, by and between Daqo New Energy Corp., an exempted company duly incorporated and validly existing under the law of the Cayman Islands (the “Company”), and (the “Indemnitee”), a director of the Company.
DAQO NEW ENERGY CORP. UNDERWRITING AGREEMENTUnderwriting Agreement • April 12th, 2018 • Daqo New Energy Corp. • Semiconductors & related devices • New York
As the lead manager (the “Lead Manager”), sole bookrunner and representative of the several underwriters named in Schedule A hereto (the “Underwriters”)
Date of the Agreement December 22, 2020 Lender (Party A) Chongqing Rural Commercial Bank, Wanzhou Branch Borrower (Party B) Xinjiang Daqo New Energy Co., Ltd. Type of loan Mid-long term working capital loan Use of loan proceeds Business operation...Daqo New Energy Corp. • April 22nd, 2021 • Semiconductors & related devices
Loan agreement with Chongqing Rural Commercial Bank, Wanzhou BranchDaqo New Energy Corp. • April 7th, 2016 • Semiconductors & related devices
Penalty rate In the event that Party B does not apply the loan according to the Agreement, the penalty rate shall be 100% over the interest rate In the event of failure to repay the loan in accordance with the Agreement, the penalty rate shall be 50% over the interest rate
Summary Translation) Loan Agreement with Chongqing Rural Commercial Bank, Wanzhou BranchDaqo New Energy Corp. • April 17th, 2019 • Semiconductors & related devices
Use of loan Working capital for purchase of raw materials and supplementary materials and other operational purposes
Loan Agreement with China Construction Bank, Wanzhou BranchDaqo New Energy Corp. • March 31st, 2017 • Semiconductors & related devices
Term of loan 1 year, from November 22, 2016 to November 21, 2017 In the event of the commencement date of the term of loan hereof be different from the receipt of loan, the commencement date shall be the actual loan date recorded in the loan receipt of the first loan and the maturity date shall be adjusted accordingly.
Loan Agreement with Chongqing Rural Commercial Bank, Wanzhou BranchDaqo New Energy Corp. • March 31st, 2017 • Semiconductors & related devices
Penalty rate In the event that Party B does not apply the loan according to the Agreement, the penalty rate shall be 100% over the interest rate In the event of failure to repay the loan in accordance with the Agreement, the penalty rate shall be 50% over the interest rate
FIXED ASSETS LOAN AGREEMENT Huaxia BankFixed Assets Loan Agreement • April 30th, 2012 • Daqo New Energy Corp. • Semiconductors & related devices
In accordance with relevant laws and regulations of the People’s Republic of China, the Parties hereby enter into this Agreement after negotiations based on the principle of fairness.
Summary Translation) Loan Agreement with Chongqing Rural Commercial Bank, Wanzhou BranchDaqo New Energy Corp. • April 24th, 2020 • Semiconductors & related devices
Use of loan proceeds Working capital for purchase of raw materials and supplementary materials and other operational purposes
Loan agreement with China Construction BankDaqo New Energy Corp. • April 14th, 2014 • Semiconductors & related devices
Term of loan 1 year, from April 17, 2013 to April 16, 2014. If the commencement date of the term of loan hereof is different from what is stated on the loan receipt, the commencement date shall be the actual loan date recorded in the loan receipt of the first loan and the maturity date shall be adjusted accordingly. The loan receipt is an integral part of this Agreement and has the same legal effect as this Agreement.
Summary Translation) Loan Agreement with Bank of China, Shihezi BranchDaqo New Energy Corp. • April 24th, 2020 • Semiconductors & related devices
Interest rate China’s National Inter-Bank Funding Center’s one-year loan prime rate as of the working day immediately before the date of actual drawdown plus 47.5 basis points.
Contract No.: Wan Zhou Sub-branch Year 2011 Gong Gu Dai Zi No. 2901012011100666 Loan Contract for Fixed Assets Borrower: Chongqing Daqo New Energy Co., Ltd Chongqing Rural Commercial BankDaqo New Energy Corp. • April 30th, 2012 • Semiconductors & related devices
Amendment to Construction ContractConstruction Contract • January 12th, 2010 • Daqo New Energy Corp.
This Amendment is entered into by and between Daqo New Material Company Limited as the owner (hereinafter the “Owner”) and China Tianchen Chemical Engineering Co., Ltd. as the general contractor (hereinafter the “Contractor”) on July 10, 2007 for the purpose of amending the Construction Contract dated June 27, 2007 (hereinafter the “Original Contract”). The parties hereby agree as follows:
Supplemental AgreementSupplemental Agreement • January 12th, 2010 • Daqo New Energy Corp.
Pursuant to the principles set forth in the Strategic Cooperation Agreement dated December 3, 2008, Party A and Party B negotiated on certain matters not specified therein, such as price lock-up and its implementation procedures, on December 12, 2008 and agreed as follows:
Construction ContractConstruction Contract • January 12th, 2010 • Daqo New Energy Corp.
This Contract is entered into by and between Daqo New Material Co., Ltd. as the owner (hereinafter the “Owner”) and China Tianchen Chemical Engineering Co., Ltd. as the general contractor (hereinafter the “Contractor”) on June 27, 2007 for the purpose of constructing a polysilicon project with an annual output of 1,500 tons.
SYNDICATED LOAN AGREEMENT IN AMOUNT OF RMB200,000,000 Among Chongqing Daqo New Energy Co., Ltd. As the Borrower China Construction Bank, Chongqing Branch As the Lead Manager China Construction Bank, Wanzhou Branch China Everbright Bank, Chongqing...Syndicated Loan Agreement • April 30th, 2012 • Daqo New Energy Corp. • Semiconductors & related devices • Macau
Loan Contract (in RMB) China Construction Bank Chongqing BranchEnglish Translation • January 12th, 2010 • Daqo New Energy Corp.
Party A applies to Party B for a loan and Party B agrees to grant a loan to Party A. In accordance with relevant laws and regulations, the parties hereby enter into this Contract after negotiations.
Loan agreement with Industrial Bank Co., Ltd., Urumqi BranchDaqo New Energy Corp. • April 7th, 2016 • Semiconductors & related devices
Penalty rate In the event that Party B does not apply the loan according to the Agreement, the penalty rate shall be 100% over the interest rate In the event of failure to repay the loan by maturity, the penalty rate shall be 50% over the interest rate
Summary Translation)Daqo New Energy Corp. • April 24th, 2020 • Semiconductors & related devices
Loan Agreement with Xinjiang Shihezi Rural Cooperative Bank, Ruoqiang County Rural Credit Cooperative Association, Wushi County Rural Credit Cooperative Association, Kuche County Rural Credit Cooperative Association, Xinhe County Rural Credit Cooperative Association, Zepu County Rural Credit Cooperative Association, Shaya County Rural Credit Cooperative Association and Xinjiang Wusu Rural Commercial Bank Co., Ltd
High-voltage Electricity Supply Agreement Agreement No.: 316001870302 Supplier: Chongqing Electricity Company Wanzhou Supply Bureau Consumer: Chongqing Daqo New Energy Co., Ltd. Signing Date: September 23, 2010 Signing Place: No. 200, Baoshan Road,...Supply Agreement • April 30th, 2012 • Daqo New Energy Corp. • Semiconductors & related devices
To stipulate the rights and obligations of the electricity supplier and electricity consumer when they supply and consume electricity, and also make them supply and consume electricity in safe, economical, reasonable and orderly way, and pursuant to relevant laws, regulations, administrative rules and national and electricity industrial standards such as Agreement Law of the People’s Republic of China (“PRC”), Electric Power Law of the PRC, Electric Power Supply and Consumption Regulation, Chongqing Power Supply Regulation, Rules of Business of Electricity, etc.
By and Between Light Way Green New Energy Co., Ltd. And Chongqing Daqo New Energy Co., Ltd. Contract No.: DQGW100109 Party A: Light Way Green New Energy Co., Ltd. Party B: Chongqing Daqo New Energy Co., Ltd. Date: January 9, 2010 Signing Place: New...Daqo New Energy Corp. • January 12th, 2010
Registered Address: New Industrial Park, Gao Bei Dian (Dongsheng Office, north side of Gaogu Road, Southeast to the Qian Jia Ying Village)
Loan agreement with Chongqing Three Gorges BankDaqo New Energy Corp. • April 14th, 2014 • Semiconductors & related devices
Guarantee 1. Guarantee provided by Daqo Group Co., Ltd. 2. Guarantee provided by Nanjing Daqo Electrical Co., Ltd. 3. Guarantee provided by Chongqing Wanzhou Economic Technological Development Co., Ltd.
Construction ContractConstruction Contract • May 13th, 2011 • Daqo New Energy Corp. • Semiconductors & related devices
This contract (the “Contract”) is entered into by and between Xinjiang Daqo New Energy Co., Ltd., as the owner (the “Owner”), and China National Chemical Engineering Third Construction Co., Ltd., as the contractor (the “Contractor”), as of January 2011 for the purpose of constructing a polysilicon and supporting project with an annual output of 250MW.
Working Capital Loan Agreement with Xinjiang Bank Date of the Agreement April 13, 2020 Borrower (Party A) Xinjiang Daqo New Energy Co., Ltd. Lender (Party B) Xinjiang Bank Use of loan Business operation Amount RMB80 million Term of loan 1 year, from...Daqo New Energy Corp. • April 22nd, 2021 • Semiconductors & related devices
Mortgage Contract for the Cooperatives Loan Agreement Led by Xinjiang Shihezi Rural Cooperative BankDaqo New Energy Corp. • April 17th, 2019 • Semiconductors & related devices
Sales and Purchase Contract Between Yingli Green Energy Holding Company Limited And Chongqing Sailing New Energy Co., Ltd Signed at: Wanzhou, ChongqingDaqo New Energy Corp. • January 12th, 2010
Party A includes subsidiaries controlled by Yingli Green Energy Holding Company Limited, Baoding Tianwei Yingli New Energy Sources Co., Ltd and Yingli (China) New Energy Sources Co., Ltd.
Summary Translation) Credit Line Agreement with China Guangfa Bank, Urumqi BranchDaqo New Energy Corp. • April 24th, 2020 • Semiconductors & related devices
Penalty rate In the event of failure to repay the loan in accordance with the Agreement, the penalty rate shall be 50% over the interest rate In the event that Party B does not use the loan proceeds according to the Agreement, the penalty rate shall be 100% over the interest rate
CLIFFORD CHANCE高 偉 紳 律 師 行Agreement • April 27th, 2023 • Daqo New Energy Corp. • Semiconductors & related devices • Hong Kong
Certain identified information has been excluded from this exhibit because it is not material and is likely to cause competitive harm to the registrant if publicly disclosed. [***] indicates that information has been redacted.
Strategic Cooperation AgreementEnglish Translation • January 12th, 2010 • Daqo New Energy Corp.
Party A and Party B, abiding by the principles of cooperation, win-win, equality and mutual benefit, after friendly negotiation, hereby enter into this agreement for the purpose of establishing an upstream-downstream strategic cooperation relationship in the solar energy industry with an aim to create a competitive photovoltaic industrial chain.
Sales and Purchase Agreement Between Yingli Green Energy Holding Company Limited And Chongqing Daqo New Energy Co., Ltd. Date: December 31, 2009Daqo New Energy Corp. • January 28th, 2010 • Semiconductors & related devices
Bank of Deposit: China Construction Bank of Baoding City, Tianwei West Road Sub-branch (Baoding Tianwei Yingli New Energy Sources Co., Ltd)
Lease Contract (Revised Edition)Lease Contract • April 14th, 2014 • Daqo New Energy Corp. • Semiconductors & related devices
This Lease Contract (hereinafter referred to as “this Contract”) is made by and between the following two parties, taking effect since January 1, 2009.
SUPPLEMENTARY AGREEMENT TO THE AMENDED AND RESTATED LEASE AGREEMENTSupplementary Agreement • January 12th, 2010 • Daqo New Energy Corp.
This supplementary agreement to the amended and restated lease agreement (the “Supplementary Agreement”) is entered into by and between the following two parties and shall take effect on November 9, 2009:
Trademark License AgreementTrademark License Agreement • January 12th, 2010 • Daqo New Energy Corp.
In accordance with the Trademark Law of the People’s Republic of China (the “Trademark Law”) and the Rules for the Implementation of the Trademark Law of the People’s Republic of China (the “Implementation Rules”), in order to clarify the rights and obligations of both parties, the Licensor and the Licensee hereby enter into this Trademark License Agreement after negotiated in good faith.
