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Solyndra CRO Report Final

Solyndra CRO Report Final

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Publicado porFortune

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Published by: Fortune on Mar 27, 2012
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11/05/2012

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The following key terms are utilized in certain of the Customer Agreements:

Minimum Contracted Volume (“MCV”): This is the specific number of MW of PV

panels that Solyndra committed to manufacture in each year of the agreement and, with some

exceptions, each customer committed to purchase in the same calendar year.

108

Please refer to Appendix E for copies of the Customer Agreements.

109

See Appendix C.9, “First Solar Guidance” dated December 14, 2011 prepared by First Solar, Inc. at pg. 5.

110

“[Solyndra’s] existing framework agreements set forth volume and price expectations over a number of years, but
they generally do not result in a firm purchase commitment until a purchase order is issued.” See Appendix F.2,
Amended Solyndra S-1, pg. 20.

61

Additional Contracted Volume (“ACV”): This is the maximum number of additional

MW (above the Minimum Contracted Volume) that Solyndra could offer to a customer during a

calendar year and that the customer, in some instances, had the option to purchase and, in other

instances, was obligated to purchase.

Optional Volume (“OV”): This is the mutually agreed number of MW above the sum

total of Minimum Contracted Volume and Additional Contracted Volume that Solyndra and the

customer could negotiate to add to the total annual volume.

Take-or-Pay: A customer’s failure to order product, in certain instances, did not reduce

the customer’s obligation to pay for the Minimum Contracted Volume. If the customer failed to

order the Minimum Contracted Volume in any calendar year, and failed to remedy such default

within a certain time period following notice, Solyndra had the right to demand, and the

customer was obligated to pay, the balance of the price for that year’s Minimum Contracted

Volume. Most of the Customer Agreements did not contain Take-or-Pay Provisions.

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