Amendment No. 2 to Supply Agreement (SUNTECH CONTRACT NO. PUR1-0706092))
Exhibit
10.62
Amendment
No. 2 to Supply Agreement
(SUNTECH
CONTRACT NO. PUR1-0706092))
This
Amendment No. 2 (this “Amendment”)
is effective as of February 25, 2008, by and between Hoku Materials, Inc., a
Delaware corporation (“HOKU”),
and Wuxi Suntech Power Co., Ltd., a People’s Republic of China company (“SUNTECH”). HOKU
and SUNTECH are each a “Party” and together the “Parties” to this Amendment No.
2.
Recitals
Whereas,
HOKU and SUNTECH are Parties to that certain Supply Agreement (Suntech Contract
No. PUR1-0706092) dated as of June 13, 2007, as amended by that certain
Amendment No. 1 to Supply Agreement dated as of August 30, 2007 (together, the
“Supply
Agreement”);
Whereas,
the Parties desire to make certain amendments to the Supply Agreement as
hereinafter set forth; and
Whereas,
each Party derives a benefit from the amendments set forth herein.
Now
therefore, in consideration of the foregoing, and for other good and valuable
consideration, the receipt of which is hereby acknowledged by the Parties, the
Parties agree to amend the Supply Agreement as set forth below.
Agreement
1. Definitions. All
capitalized terms not otherwise defined are defined in the Supply
Agreement.
2. Amendment
of Section 9.4 of the Supply Agreement. Section 9.4 of the Supply
Agreement is hereby amended and restated in its entirety to read as
follows:
9.4
Without limiting either Party’s right to terminate this Agreement pursuant to
Section 9.1 and 9.2, HOKU and SUNTECH shall each have the right to terminate
this Agreement in the event that HOKU has, on or before May 31, 2008, failed to
complete the Initial Financing.
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IN
WITNESS WHEREOF, the Parties have executed this Amendment No. 2 to Supply
Agreement as of the date first set forth above.
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SUNTECH:
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HOKU:
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WUXI
SUNTECH POWER CO., LTD.
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HOKU
MATERIALS, INC.
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By:
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/s/ Xxxxxx Xxxx |
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By:
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/s/ Xxxxxx
Xxxxxx
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Name:
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Xxxxxx
Xxxx
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Name:
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Xxxxxx
Xxxxxx
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Title:
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Chief Strategy
Officer
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Title:
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Chairman &
CEO
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Authorized
Signatory
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Authorized
Signatory
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