Amendment to Power PC License Agreement between IBM and Applied Micro Circuits Corporation (May 5, 2004)
This amendment, effective as of the original closing date, modifies the Power PC License Agreement between International Business Machines Corporation (IBM) and Applied Micro Circuits Corporation. The amendment replaces Attachment 2 of the original agreement to correct identified errors. All other terms and conditions of the original license agreement remain unchanged and in effect.
Exhibit 2.8
| Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. |
| EXECUTION COPY | License Ref. No. L044568B |
AMENDMENT dated May 5, 2004 to the POWER PC License Agreement dated as of the Closing Date, (hereinafter called the “PPCLA”) between INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation (hereinafter called “SELLER”), and APPLIED MICRO CIRCUITS CORPORATION, a corporation of Delaware (hereinafter called “BUYER”)
Whereas SELLER has identified errors in the PPCLA that require clarification;
In consideration of the premises and covenants herein contained, SELLER and BUYER agree to amend the PPCLA as follows:
| 1) | Attachment 2 is deleted and replaced with the following: |
Attachment 2
[*]
This Amendment shall be effective as of the Closing Date.
Except as amended by this Amendment, all the rights, obligations and liabilities of the parties under the IPA shall otherwise remain in full force and effect as set out therein.
| Agreed to: | Agreed to: | |||||||
| APPLIED MICRO CIRCUITS | INTERNATIONAL BUSINESS | |||||||
| CORPORATION | MACHINES CORPORATION | |||||||
| By | /s/ David Rickey | By | /s/ Kevin Carswell | |||||
| Name: | David Rickey | Name: | Kevin Carswell | |||||
| Title: | Chairman, President and CEO | Title: | IBM VP Semiconductor Products & Development | |||||
| Date | May 5, 2004 | Date | May 5, 2004 | |||||
