PORTIONS OF THIS DOCUMENT INDICATED BY AN [***] HAVE BEEN OMITTED AND FILED
SEPARATELY WITH THE SECURITIES EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR
CONFIDENTIAL TREATMENT OF SUCH INFORMATION.
EXHIBIT 10.12
AMENDMENT NO. 2 TO SUPPLY AGREEMENT
THE AMENDMENT NO. 2 TO THE SUPPLY AGREEMENT (the "Amendment") is made and
entered into effective January 21, 2003 (the "Effective Date"), by and between
Kyocera Wireless Corp., a Delaware corporation ("Kyocera") and Brightstar
Corporation, a Delaware corporation ("Purchaser"'), with respect to the
following facts:
RECITALS
A. Kyocera and Purchaser previously entered into that certain Supply
Agreement dated September 1, 2000, as amended (the "Agreement").
B. By this Amendment, Kyocera and Purchaser desire to amend the Agreement
as hereinafter set forth.
AGREEMENT
NOW, THEREFORE, for and in consideration of the promises set forth,
herein, Kyocera and Purchaser agree as follows:
1. The term of the Agreement is hereby extended to December 31, 2003.
2. The following shall replace in its entirety the second paragraph of
Section 7 ("Price and Payment Terms"):
"With respect to each P.O. accepted by Kyocera, Kyocera will invoice
Purchaser for Product purchased upon delivery of such Product to the
Shipping Location, and Purchaser shall pay all such invoices by or wire
transfer within [***] days after the invoice date. Kyocera reserves the
right to require reasonable assurances of payment by Purchaser, e.g,,
funded financially by a financial institution acceptable to Kyocera or
letter of credit from a reputable bank provided by purchaser to Kyocera
not later than [***] days prior to the schedule delivery date, Kyocera
may, from time to time evaluate purchaser's credit standing and on that
basis, establish a credit limit to accommodate Purchaser's issuance of
P.O.s as herein provided. Purchaser Shall provide any reasonable
assistance requested by Kyocera to make such evaluation,"
3. Except as modified by this Amendment, the Agreement shall continue in
full force and effect as written.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the
Effective Date.
KYOCERA WIRELESS CORP. BRIGHTSTAR CORPORATION
By /s/ Xxxx Xxxxxx By /s/ Xxxx Xxxxxxx Xxxxxx
--------------------------------- ---------------------------------
Name: Xxxx Xxxxxx Name: Xxxxxxx Xxxxxx
------------------------------ ------------------------------
Title: CVP Title: President and CEO
------------------------------ -----------------------------
Kyocera Wireles Corp.
Proprietary/Confidential
1