RIGHTS AGREEMENTRights Agreement • May 30th, 2002 • Cree Inc • Semiconductors & related devices • North Carolina
* ] - Certain information omitted and filed separately with the Commission pursuant to a confidential treatment request under Commission Rule 24b-2. PURCHASE AGREEMENTPurchase Agreement • November 3rd, 2000 • Cree Inc • Semiconductors & related devices
SUPPLY AGREEMENTSupply Agreement • November 14th, 1996 • Cree Research Inc /Nc/ • Services-commercial physical & biological research • North Carolina
EXHIBIT 10.14 MERGER AGREEMENT DATED AS OF APRIL 10, 2000 BY AND AMONG CREE, INC., CRYSTAL ACQUISITION, INC. NITRES, INC.Merger Agreement • August 10th, 2000 • Cree Inc • Semiconductors & related devices • North Carolina
WOLFSPEED, INC. AND U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of November 21, 2022 1.875% Convertible Senior Notes due 2029Indenture • November 21st, 2022 • Wolfspeed, Inc. • Semiconductors & related devices • New York
INDENTURE dated as of November 21, 2022 between WOLFSPEED, INC., a North Carolina corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
AMENDED AND RESTATED RIGHTS AGREEMENT between CREE, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC as Rights Agent Dated as of April 24, 2012Rights Agreement • April 26th, 2012 • Cree Inc • Semiconductors & related devices • North Carolina
AMENDED AND RESTATED RIGHTS AGREEMENT, dated as of May 30, 2002, and amended and restated as of April 24, 2012 (this "Agreement"), between CREE, INC., a North Carolina corporation (the "Company"), and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, a New York limited liability company (the "Rights Agent").
UNDERWRITING AGREEMENTUnderwriting Agreement • January 6th, 2000 • Cree Inc • Semiconductors & related devices • New York
UNDERWRITING AGREEMENT CREE, INC. 11,000,000 Shares of Common Stock Underwriting AgreementUnderwriting Agreement • September 11th, 2009 • Cree Inc • Semiconductors & related devices • New York
Cree, Inc., a North Carolina corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), an aggregate of 11,000,000 shares of Common Stock, par value $ 0.00125 per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 1,650,000 shares of Common Stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of Common Stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”. Each share of Stock, including the Shares, will have attached thereto a right (each a “Right” and collectively, the “Rights”) to purchase one one-thousandth ( 1/1000) of a share of the Company’s preferred stock (“Preferred Stock”) or to acquire additional equity interests in the Comp
WOLFSPEED, INC. AND U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of February 3, 2022 0.25% Convertible Senior Notes due 2028Wolfspeed, Inc. • February 3rd, 2022 • Semiconductors & related devices • New York
INDENTURE dated as of February 3, 2022 between WOLFSPEED, INC., a North Carolina corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
EXHIBIT 10.17 SECOND AMENDED AND RESTATED INDEMNITY AGREEMENT SECOND AMENDED AND RESTATED INDEMNITY AGREEMENT (this "Agreement"), made and entered into as of this the 25th day of September, 1998, by F. NEAL HUNTER, an individual residing in Durham...Indemnity Agreement • January 28th, 1999 • Cree Research Inc /Nc/ • Semiconductors & related devices • North Carolina
UNDERWRITING AGREEMENTCree Research Inc /Nc/ • February 8th, 1999 • Semiconductors & related devices • New York
EXHIBIT 10.14 AMENDED AND RESTATED INDEMNITY AGREEMENT AMENDED AND RESTATED INDEMNITY AGREEMENT (this "Agreement"), made and entered into as of this the 26th day of June, 1998, by F. NEAL HUNTER, an individual residing in Durham County, North Carolina...Indemnity Agreement • August 19th, 1998 • Cree Research Inc /Nc/ • Services-commercial physical & biological research • North Carolina
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 30th, 2020 • Cree, Inc. • Semiconductors & related devices • New York
THIS FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of March 27, 2020, is by and among CREE, INC., a North Carolina corporation (the “Borrower”), the Lenders (as defined below) party hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent on behalf of the Lenders under the Credit Agreement (as hereinafter defined) (in such capacity, the “Administrative Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement.
EXHIBIT 10.1 August 10, 2005 Ms. Cynthia B. Merrell c/o Cree, Inc. 4600 Silicon Drive Durham, NC 27703 Dear Cindy: This letter is intended to confirm our recent discussions, and the agreement we have reached today, regarding your decision to resign as...Release of Claims Agreement • August 12th, 2005 • Cree Inc • Semiconductors & related devices • North Carolina
LICENSE AND TECHNOLOGY TRANSFER AGREEMENT between CREE RESEARCH, INC. ("Licensor") and SHIN-ETSU HANDOTAI CO. LTD. ("Licensee")License and Technology Transfer Agreement • January 28th, 1997 • Cree Research Inc /Nc/ • Services-commercial physical & biological research • North Carolina
CREE, INC. Up to $500,000,000 Aggregate Sales Price of Common Stock EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • February 12th, 2021 • Cree, Inc. • Semiconductors & related devices • New York
Cree, Inc., a North Carolina corporation (the “Company”), confirms its agreement (this “Agreement”) with Wells Fargo Securities, LLC, BMO Capital Markets Corp., BofA Securities Inc., Canaccord Genuity LLC, Citigroup Global Markets Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co. LLC, Morgan Stanley & Co. LLC and Truist Securities, Inc. (each, a “Manager” and, collectively, the “Managers”), as follows:
MASTER PERFORMANCE UNIT AWARD AGREEMENTMaster Performance Unit Award Agreement • August 29th, 2014 • Cree Inc • Semiconductors & related devices • North Carolina
This Master Performance Unit Award Agreement (this “Master Agreement” or “Agreement”) is entered into between you (the “Participant” named below) and Cree, Inc., a corporation formed under the laws of the State of North Carolina (the “Company”).
PROMISSORY NOTE (Purchase Price Note)Cree, Inc. • April 29th, 2021 • Semiconductors & related devices • New York
FOR VALUE RECEIVED, the undersigned, SMART Global Holdings, Inc., a Cayman Islands exempted company (the “Company”, or the “Parent”), hereby unconditionally promises to pay to Cree, Inc., a North Carolina corporation (“Cree” and together with any permitted successor, permitted registered assignee or permitted transferee of, or other permitted holder of, this promissory note (this “Note”), the “Holder”) One Hundred Twenty-Five Million Dollars ($125,000,000.00) (the “Loan”). The Company further hereby agrees to pay interest on the unpaid principal amount hereof from time to time outstanding at the rates and on the dates specified in Article II. This Note is the Purchase Price Note referred to in, and was executed and delivered in connection with, that certain Asset Purchase Agreement made and entered into as of October 18, 2020 (as amended, supplemented or otherwise modified from time to time in accordance with the terms thereof, the “Purchase Agreement”), among (i) Cree, as the Seller,
EXECUTIVE CHANGE IN CONTROL AGREEMENTExecutive Change in Control Agreement • August 22nd, 2008 • Cree Inc • Semiconductors & related devices • North Carolina
This Executive Change in Control Agreement (the “Agreement”) is entered into as of August 19, 2008 (the “Effective Date”) by and between Cree, Inc. (the “Company”) and Stephen D. Kelley (“Executive”).
NONQUALIFIED STOCK OPTIONAWARD AGREEMENT(for Non-Employee Directors) Participant: ______________________________________ Award Number: ______________________________________ Plan: 2004 Long-Term Incentive Compensation Plan Award Type: Nonqualified...Nonqualified Stock Optionaward Agreement • October 17th, 2012 • Cree Inc • Semiconductors & related devices • North Carolina
Cree, Inc. (the “Company”) has awarded you a nonqualified stock option (the “Option”) to purchase _____ shares (the “Shares”) of the common stock of the Company at a purchase price of ___ per share, effective ____________, the Grant Date of the award. The Option is subject to and governed by the Cree, Inc. 2004 Long-Term Incentive Compensation Plan (the “Plan”) and the terms of this Nonqualified Stock Option Award Agreement (the “Agreement”).
AMENDMENT NO. 1 TO RIGHTS AGREEMENTRights Agreement • October 16th, 2006 • Cree Inc • Semiconductors & related devices • North Carolina
THIS AMENDMENT NO. 1 (this “Amendment”) is entered into and dated as of October 16, 2006, by and between Cree, Inc., a North Carolina corporation (the “Company”), and American Stock Transfer & Trust Company, as Rights Agent (the “Rights Agent”).
Certain confidential information contained in this exhibit has been omitted by means of redacting a portion of the text and replacing it with [***], pursuant to Regulation S-K Item 601(b) of the Securities Act of 1933, as amended. Certain confidential...Asset Purchase Agreement • August 28th, 2023 • Wolfspeed, Inc. • Semiconductors & related devices • Delaware
This Asset Purchase Agreement (this “Agreement”) is entered into as of August 22, 2023 by and between MACOM Technology Solutions Holdings, Inc., a Delaware corporation (the “Buyer”), and Wolfspeed, Inc., a North Carolina corporation (the “Seller”). The Buyer and the Seller are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties.” Capitalized terms used herein shall have the meanings ascribed to them in Article I or elsewhere in this Agreement.
Exhibit 10.1 FORM OF MASTER STOCK OPTION AWARD AGREEMENT TERMS AND CONDITIONS (For Grants of Nonqualified Stock Options to Non-Employee Directors) This Master Stock Option Agreement (this "Master Agreement" or "Agreement") is entered into between you...Form of Master Stock Option Award Agreement • October 7th, 2004 • Cree Inc • Semiconductors & related devices • North Carolina
COOPERATIVE AGREEMENT BETWEEN Cree, Inc. (The Recipient) AND CONCERNING Development of SiC Power Devices and Power ModulesCooperative Agreement • August 20th, 2004 • Cree Inc • Semiconductors & related devices
This Agreement is entered into between the United States of America, hereinafter called the Government, represented by the U.S. Army Research Laboratory (ARL), and Cree, Inc., pursuant to and under U.S. Federal Law.
PERFORMANCE SHARE AWARD AGREEMENTPerformance Share Award Agreement • August 23rd, 2023 • Wolfspeed, Inc. • Semiconductors & related devices
Participant: Award Number: Plan: 2013 Long-Term Incentive Compensation PlanAward Type: Performance SharesGrant Date: Performance Period:
PERFORMANCE SHAREAWARD AGREEMENT Participant: Award Number: Plan: 2013 Long- Term Incentive Compensation Plan Award Type: Performance Shares Grant Date: Performance Period:Performance Shareaward Agreement • October 28th, 2021 • Wolfspeed, Inc. • Semiconductors & related devices • North Carolina
WOLFSPEED, INC., as Issuer, and the Subsidiary Guarantors party hereto from time to time, Senior Secured Notes due 2030 INDENTURE Dated as of June 23, 2023 and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee and Collateral AgentIndenture • June 26th, 2023 • Wolfspeed, Inc. • Semiconductors & related devices • New York
INDENTURE, dated as of June 23, 2023, by and among Wolfspeed, Inc., a North Carolina corporation (the “Issuer”), the Subsidiary Guarantors (as defined below) party hereto from time to time and U.S. Bank Trust Company, National Association, a national banking association, not in its individual capacity but solely as the trustee hereunder (the “Trustee”) and as the collateral agent hereunder.
RESTRICTED STOCK UNITAWARD AGREEMENT(Non-Employee Director)Restricted Stock Unit Award Agreement • February 1st, 2024 • Wolfspeed, Inc. • Semiconductors & related devices
Participant: Award Number: Plan: 2023 Long-Term Incentive Compensation Plan Award Type: Restricted Stock Unit Grant Date: Total Units Granted: Purchase Price: $0 Restriction Period: Grant Date through [ ]
PERFORMANCE SHARE AWARD AGREEMENTPerformance Share Award Agreement • August 23rd, 2023 • Wolfspeed, Inc. • Semiconductors & related devices
Participant: Award Number: Plan: 2013 Long-Term Incentive Compensation PlanAward Type: Performance SharesGrant Date: Performance Period:
ContractRestricted Stock Unitaward Agreement • October 28th, 2021 • Wolfspeed, Inc. • Semiconductors & related devices • North Carolina
RESTRICTED STOCK UNITAWARD AGREEMENT Participant: Award Number: Plan: 2013 Long-Term Incentive Compensation Plan Award Type: Restricted Stock Unit Grant Date: Number Units: Purchase Price: $0.00 Restriction Period: Grant Date through [ ]
THE SYMBOL “[****]” DENOTES PLACES WHERE CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED PURCHASE AGREEMENT by and...Purchase Agreement • May 16th, 2019 • Cree Inc • Semiconductors & related devices • New York
The representations, warranties, and covenants contained in the Purchase Agreement were made only for the purposes of the Purchase Agreement, were made as of specific dates, were made solely for the benefit of the parties to the Purchase Agreement, and may not have been intended to be statements of fact, but rather, as a method of allocating risk and governing the contractual rights and relationships among the parties to the Purchase Agreement. In addition, such representations, warranties, and covenants may have been qualified by certain omitted disclosures not reflected in the text of the Purchase Agreement and may apply standards of materiality and other qualifications and limitations in a way that is different from what may be viewed as material by our shareholders. In reviewing the representations, warranties, and covenants contained in the Purchase Agreement, it is important to bear in mind that such representations, warranties, and covenants were not intended by the parties to t
RESTRICTED STOCK UNIT AWARD AGREEMENTRestricted Stock Unit Award Agreement • February 1st, 2024 • Wolfspeed, Inc. • Semiconductors & related devices
Participant: Award Number: Plan: 2023 Long-Term Incentive Compensation Plan Award Type: Restricted Stock Unit Grant Date: Total Units Granted: Purchase Price: $0 Restriction Period: Grant Date through the final vest date
From: [Dealer] Attention: [__________] Telephone No.: [__________] Email: [__________] To: Wolfspeed, Inc. Durham, North Carolina 27703Wolfspeed, Inc. • February 3rd, 2022 • Semiconductors & related devices • New York
The purpose of this communication (this “Confirmation”) is to set forth the terms and conditions of the call option transaction entered into on the Trade Date specified below (the “Transaction”) between [Dealer] (“Dealer”) and Wolfspeed, Inc. (“Counterparty”). This communication constitutes a “Confirmation” as referred to in the Agreement specified below.
CREE, INC. CHARLES SWOBODA EMPLOYMENT AGREEMENT As Amended and Restated Effective August 21, 2007Charles Swoboda Employment Agreement • August 24th, 2007 • Cree Inc • Semiconductors & related devices • North Carolina
Cree, Inc. (the “Company”) and Charles M. Swoboda (“Executive”) entered into an employment agreement (the “Agreement”) effective October 13, 2004 (the “Effective Date”). Cree and Executive hereby amend and restate the Agreement in its entirety (the “Revised Agreement”) in order to evidence formal compliance with Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), and the guidance thereunder (collectively “Section 409A”). The Revised Agreement is effective August 21, 2007 (the “Amended Effective Date”).
Robert S. Thomas Charles M. SwobodaCree Inc • September 25th, 2003 • Semiconductors & related devices
This letter, when signed on behalf of Charles & Colvard, Ltd. (formerly C3 Inc.) and Cree, Inc., will serve as an agreement between Charles & Colvard and Cree amending the parties’ March 8, 2002 letter agreement to provide the following terms, effective on and after July 1, 2002. As defined in the March 8, 2002 letter agreement, the development agreement will expire upon Charles & Colvard’s purchasing the quantity of SiC production crystals specified in that agreement.
