CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Exhibit 10.16
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
AMENDMENT
THIS AMENDMENT (the “Amendment”), effective as of the date last signed below, amends that certain MASTER DISTRIBUTOR AGREEMENT effective as of March 12, 2014, as previously amended (the “Agreement”), by and between Xilinx, Inc., a Delaware Corporation, having offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Xilinx Ireland, a company incorporated under the laws of Ireland and having its registered office at One Logic Drive, Citywest Business Campus, Saggart, Co. Dublin and Xilinx Sales International Pte. Ltd., a company organized and existing under the laws of Singapore, having its principal ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (collectively and individually, “Xilinx”), and Avnet, Inc., a New York corporation, having its principal office at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (“Distributor”).
A. The parties agree to amend and restate Section 13.3 of the Agreement as follows:
13.3 | Once per quarter, Distributor may scrap particular Product, such as small quantity returns not requiring a RMA or Products with bent leads, with an aggregate Price no greater than [***] percent [***] of the dollars invoiced by Xilinx to Distributor (or such percentage identified in the Guidelines, if different) per such three months. Distributor shall not include as “scrap” any Product that is designated as NCNR, [***]. Avnet must provide a certificate of destruction for all scrapped Product. |
B. Except as set forth above, the Agreement remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment on the date(s) indicated below.
XILINX, ▇▇▇. ▇▇: /s/ ▇▇▇▇▇ ▇▇▇▇▇ | XILINX IRELAND By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ |
Name: ▇▇▇▇▇ ▇▇▇▇▇ | Name: ▇▇▇▇▇ ▇▇▇▇▇▇ |
Title: Corp. VP, Channel Sales | Title: Managing Director |
Date: 1-6-16 | Date: 3/28/2016 |
XILINX SALES INTERNATIONAL PTE. LTD. | AVNET, INC. |
By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ | By: /s/ ▇▇▇▇▇ ▇▇▇ |
Name: ▇▇▇▇ ▇▇▇▇▇▇▇ | Name: ▇▇▇▇▇ ▇▇▇ |
Title: Site Director | Title: President, Avnet EM Global |
Date: 3/28/2016 | Date: 12/17/15 |