ADEQUATE PROTECTION AND SETTLEMENT AGREEMENTAdequate Protection and Settlement Agreement • December 31st, 2014 • GT Advanced Technologies Inc. • Semiconductors & related devices • New York
This Adequate Protection and Settlement Agreement (this “Settlement Agreement”), is made and entered as of October 21, 2014, by and among (i) Apple Inc., a California corporation having its principal place of business at 1 Infinite Loop, Cupertino, California 95014 (“Apple”) and Platypus Development LLC (“Platypus”, and together with Apple, the “Apple Parties”), and (ii) GTAT Corporation, a Delaware corporation, having its principal place of business at 243 Daniel Webster Highway, Merrimack, NH 03054 (“GTAT Corp.”), and GT Advanced Technologies, Inc., GT Advanced Equipment Holding LLC (“SPE”), GT Equipment Holdings, Inc., Lindbergh Acquisition Corp., GT Sapphire Systems Holding LLC, GT Advanced Cz LLC, GT Sapphire Systems Group LLC and GT Advanced Technologies Limited (“GT HK”) (together with GTAT Corp., the “GTAT Parties”). The Apple Parties and the GTAT Parties are referred to herein, collectively, as the “Parties”. Capitalized terms used but not defined herein will have the meanings
AMENDED AND RESTATED ADEQUATE PROTECTION AND SETTLEMENT AGREEMENTAdequate Protection and Settlement Agreement • December 19th, 2014 • GT Advanced Technologies Inc. • Semiconductors & related devices • New York
This Amended and Restated Adequate Protection and Settlement Agreement (this “Amended Settlement Agreement”), is made and entered as of December 15, 2014, by and among (i) Apple Inc., a California corporation having its principal place of business at 1 Infinite Loop, Cupertino, California 95014 (“Apple”) and Platypus Development LLC (“Platypus”, and together with Apple, the “Apple Parties”), and (ii) GTAT Corporation, a Delaware corporation, having its principal place of business at 243 Daniel Webster Highway, Merrimack, NH 03054 (“GTAT Corp.”), and GT Advanced Technologies, Inc., GT Advanced Equipment Holding LLC (“SPE”), GT Equipment Holdings, Inc., Lindbergh Acquisition Corp., GT Sapphire Systems Holding LLC, GT Advanced Cz LLC, GT Sapphire Systems Group LLC and GT Advanced Technologies Limited (“GT HK”) (together with GTAT Corp., the “GTAT Parties”). The Apple Parties and the GTAT Parties are referred to herein, collectively, as the “Parties”. Capitalized terms used but not defined
