FIRST AMENDMENT TO SUPPLY AGREEMENT

Contract Categories: Business Operations - Supply Agreements
EX-10.28 2 dex1028.htm FIRST AMENDMENT TO SUPPLY AGREEMENT, DATED JUNE 28, 2009 First Amendment to Supply Agreement, dated June 28, 2009

Exhibit 10.28

FIRST AMENDMENT TO SUPPLY AGREEMENT

THIS FIRST AMENDMENT TO SUPPLY AGREEMENT (this “Amendment”) is made and entered into effective as of June 28, 2009 (the “Effective Date”) by and between Cree Hong Kong Limited (formerly known as Cotco Luminant Device Limited) (“Seller”), a Hong Kong company with its principal offices at 3/F, Photonics Centre, No. 2 Science Park East Avenue, Hong Kong Science Park, Shatin, Hong Kong, and Light Engine Ltd., a Hong Kong company with its principal place of business at 6/F, Photonics Centre, No. 2, Science Park East Avenue, Hong Kong Science Park, Hong Kong (“Buyer”).

RECITALS

A. Seller and Buyer are parties to that certain Supply Agreement dated and effective as of March 30, 2007 (the “Agreement”).

B. The parties wish to extend the term of the Agreement as described herein.

NOW, THEREFORE, in consideration of the premises and covenants and undertakings herein contained, the parties mutually agree as follows:

 

  1. Section 4.1(a) of the Agreement is hereby amended to extend the term of the Agreement through June 26, 2011.

 

  2. Except as amended hereby, the Agreement shall continue in full force and effect in accordance with its terms.

IN WITNESS WHEREOF, each of the parties hereto has caused this First Amendment to be executed by its duly authorized representative effective as of the Effective Date.

 

CREE HONG KONG LIMITED

   

LIGHT ENGINE LTD.

By:

 

/s/    RICHARD Y. T. SY

   

By:

 

/s/    SIMON SUA

Name:

 

Richard Y. T. Sy

   

Name:

 

Simon Sua

Title:

 

Managing Director

   

Title:

 

Managing Director

Date:

 

July 2, 2009

   

Date:

 

July 6, 2009