Exhibit 4.14

 

Translation

 

SUPPLEMENTARY AGREEMENT (19) TO POLYSILICON SUPPLY CONTRACT

 

Party A’s Contract No.: TCZ-A1130-0803-CGC-120-2013-W3

 

Party B’s Contract No.: SSC000119

 

This Agreement is entered into by and between the following parties in Changzhou, China on March 8, 2013:

 

Buyer: Changzhou Trina Solar Energy Co., Ltd. (“Party A”)

Address: No.2 Tianhe Road, Trina PV Industrial Park, Xinbei District, Changzhou, Jiangsu

 

Seller:  Changzhou GCL Photovoltaic Technology Co., Ltd. (“Party B”)

 

Address: No.1 Xinsi Road, Xinbei District, Changzhou

 

Jiangsu GCL Silicon Material Technology Development Co., Ltd. (“Party C”)

 

Address: No.88 Yangshan Road, Xuzhou Economic Development Zone, Jiangsu

 

Taicang GCL Photovoltaic Technology Co., Ltd.(“Party D”)

 

Address: North Side of Yingang Road, Port Development Zone, Taicang, Jiangsu

 

Suzhou GCL Photovoltaic Technology Co., Ltd. (“Party E”)

 

Address: No. 68 Kunlunshan Road, New & Hi-tech Industrial Development Zone, Suzhou

 

Yangzhou GCL Photovoltaic Technology Co., Ltd. (“Party F”)

 

Address: Wing Building, Development Mansion, No. 108 Weiyang Road, Yangzhou

 

Whereas, the Seller and the Buyer signed a Polysilicon Supply Contract regarding the purchase of silicon and silicon wafers and reached a number of supplementary agreements thereafter (see Appendix I for details, the foregoing contract and agreements hereinafter collectively referred to as the “Original Contract”), and the parties wish to seek further and full-spectrum cooperation in terms of joint development of solar energy business. The parties hereby enter into the following supplementary agreement (this “Agreement”) regarding such matters as the prices, quantities, offset of advance payment, etc. of the silicon wafers to be purchased for mutual compliance:

 

Clause 1.                                             Arrangements for Purchase of Silicon Wafers in 2013

 

The Seller and the Buyer agree to reach the following latest arrangements in terms of the quantities and offset of advance payment for the silicon wafers to be purchased in 2013:

 

1.1.                            Arrangements for the Purchase Quantities

 

1.1.1.                  The annual quantity of silicon wafers to be purchased by the Buyer from the Seller in 2013 shall not be lower than 600MW (i.e. 150 million pieces, including the purchase quantity of silicon wafers in January 2013, but excluding the quantity of cells purchased from third parties). The annual quantity of silicon wafers to be purchased by the Buyer from the Seller in 2013 together with the total purchase quantity of cells shall not be lower than  800 MW.

 

Based on the annual purchase quantity, the parties have reached the following agreement on the revision of monthly purchase quantities (the “Annual Purchase Schedule”) through equal and voluntary consultation:

 

	
Year 2013
    	
 
    	
Jan
    	
 
    	
Feb
    	
 
    	
Mar
    	
 
    	
Apr
    	
 
    	
May
    	
 
    	
Jun
    	
 
    	
Jul
    	
 
    	
Aug
    	
 
    	
Sep
    	
 
    	
Oct
    	
 
    	
Nov
    	
 
    	
Dec
    	
 
    	
Total
    	
 
    
	
Quantity of silicon   wafers (10k pieces)
    	
 
    	
—
    	
 
    	
700
    	
 
    	
1400
    	
 
    	
1500
    	
 
    	
1500
    	
 
    	
1500
    	
 
    	
1400
    	
 
    	
1400
    	
 
    	
1400
    	
 
    	
1400
    	
 
    	
1400
    	
 
    	
1400
    	
 
    	
15000
    	
 
    


 











 

1.1.2.                  The Buyer shall order and purchase the wafers from Party B first. If Party B finds itself unable to satisfy the needs of the Buyer, then the Buyer shall purchase the insufficient quantity from other parties as the seller.

 

1.1.3.                  The Buyer shall, based on the Annual Purchase Schedule, provide the Seller with a written purchase plan for the following month before the 24th day of each month (inclusive, and in case such day falls on a national holiday or weekend, such day can be postponed to the first working day thereafter), following the principal that the monthly purchase quantity shall be proportionately apportioned to each week. The annual total purchase quantity shall not be lower than the purchase quantity set out in Clause 1 of this Agreement. The Buyer agrees that, in absence of any clarification of weekly purchase quantity in the monthly purchase plan, the Seller can make the weekly delivery in a quantity evenly apportioned from the monthly purchase quantity. For avoidance of any dispute, the parties agree that, if the Buyer fails to provide the Seller with the purchase plan as provided or agreed in this clause before the 24th day of each month, the Seller will be entitled to:

 

(1)                                 deliver the goods in such monthly purchase quantity as set out in Clause 1.1.1, and the Buyer shall not reject such delivery;

 

(2)                                 suspend any delivery of goods to the Buyer if the Buyer still fails to provide the purchase plan before the last five days of the following month (regardless whether or not such day is a working day), and the Buyer will be deemed to reject the delivery of goods in such quantity to be purchased for this month as set out in Clause 1.1.1 (i.e. the Buyer is deemed to reject to take the delivery of goods).

 

1.1.4.                  Special notes: In case of any material change in market conditions, the monthly purchase quantities set out in the Annual Purchase Schedule can  be adjusted by the Buyer after the parties reach an agreement through consultation, provided that the monthly purchase quantity of silicon wafers shall not be adjusted to lower than 7 million pieces, and that the Buyer’s total purchase quantity in 2013 shall not fall below the quantity set out in Clause 1.1.1. (In case that a monthly purchase quantity falls lower than 7 million pieces after such adjustment, the Buyer shall be deemed to reject to take the  delivery of goods in such difference fallen below 7 million pieces); If the Buyer achieves an early completion of the annual purchase quantity as set out in Clause 1.1.1 in 2013, then the minimum monthly purchase quantity provided in this clause shall not be binding upon the Buyer for the remaining months of 2013.

 

1.2.                            Arrangements for Offset of Advance Payment

 

1.2.1.                  Prior to the date of this Agreement. i.e. by December 31, 2012, pursuant to the Original Contract signed by the Buyer and the Seller, the balance of the advance payment for silicon wafers made by the Buyer to the Seller that is yet to be offset is RMB [****]† (RMB [****]†). Starting from January 2013, a monthly amount of RMB [****]† (RMB [****]†) shall be offset against the purchase prices payable for the monthly purchase quantity of the current month until the advance payment is offset to zero.

 

1.2.2.                  The monthly offset from the advance payment shall be conditional upon the Buyer’s completion of the purchase quantity for such month as agreed in this Agreement and payment of the price for such order within the agreed timeframe (Note: for the purpose of monthly offset from the advance payment, the parties confirm that ‘the payment of the price” as mentioned in the last sentence shall refer that the Buyer completes the payment equaling “the purchase price for the current month minus the amount to be offset from the advance payment for the current month”  within the agreed timeframe).

 




†                 This portion of the Supplementary Agreement (19) to Polysilicon Supply Agreement has been omitted and filed separately with the Securities and Exchange Commission, pursuant to Rule 24b-2 under the Exchange Act of 1934.

 

2











 

1.2.3.                  If the purchase quantity of any month is lower than 7 million pieces, or if the purchase price for the monthly order is not paid in full, then no offset can be made from the advance payment for such month. Notwithstanding the foregoing provisions, in case that the annual quantity of silicon wafers purchased by the Buyer throughout 2013 reaches the total delivery quantity of 600MW (i.e. 150 million pieces, including the quantity of silicon wafers purchased in January 2013, but excluding the quantity of cells purchased from third parties), and that the Buyer has no payment outstanding to the Seller and overdue for more than 30 days, the Seller shall allow the Buyer to offset the purchase prices from the full amount of advance payment for 2013, i.e. RMB [****]† (RMB [****]†) in total.

 

1.3.                            Price Negotiation Mechanism

 

1.3.1.                  The prices of silicon wafers: the Seller shall offer prices with a competitive edge with reference to the market prices of the current month. The parties shall negotiate the monthly purchase price on a monthly basis. If the parties has reached an agreement on the price and confirmed the monthly purchase quantity (including as confirmed through supplementary agreement), then the price shall remain unchanged. If the parties fail to reach an agreement on the purchase price for the following month by the 20th day of the each month, the Seller shall implement the order for the following month at “the most favorable price” for the similar product that is offered to the bulk purchase customers (each of whose sales volume as of the last week of the previous month is over 1 million pieces) in the last week of previous month, and the Seller shall guarantee that the Buyer enjoys the most favorable price among all the transactions with sales volume over 1 million pieces in the current month. If the Buyer has any objection to the aforementioned prices, the parties may jointly select a third party with audit qualifications in the PRC to audit and determine such “most favorable prices”, whose conclusion shall be binding upon the parties. Such audit agency shall keep the information submitted by the Seller confidential. If there are more transactions of other types of silicon wafers between the parties, the same pricing method as provided herein shall apply.

 

1.3.2.                  Any failure to reach agreement on the purchase price within the prescribed timeframe or any objection of the Buyer against the Seller on the above most favorable price in any one month shall not affect the purchase, sales and actual delivery of goods between the parties in the following month. The final settlement price after the delivery is made and taken shall be determined under the aforementioned price negotiation mechanism. In case an audit is required by the parties as set out in Clause 1.3.1, the purchase, delivery and payment of price between the parties shall not be affected during the audit period.

 

1.3.3.                  Unless otherwise agreed by the parties, the parties agree that the price negotiation mechanism shall take effect as from the date of this Agreement to December 31, 2016.

 

1.4.                           Arrangements for Payment

 

The time and way of payment for the payable purchase price as described above shall be separately negotiated by the parties and agreed in written form.

 

1.5.                            Cooperation in connection with Cells

 

With a view to achieving a win-win cooperation, the Buyer shall  entrust the Seller to purchase the cells directly from the third party designated by the Buyer and then supply such cells to the Buyer. The parties confirm that the supply of cells in 2013 shall not be lower than 100MW. The specific rights and obligations in connection with the purchase of cells shall be agreed by the parties by executing other agreements.

 

1.6.                            The Seller will try its best to purchase the Buyer’s modules in order to improve the demand for silicon wafers, and accordingly the Buyer will sell its modules to the Seller at a market competitive price.

 




†                 This portion of the Supplementary Agreement (19) to Polysilicon Supply Agreement has been omitted and filed separately with the Securities and Exchange Commission, pursuant to Rule 24b-2 under the Exchange Act of 1934.

 

3











 

Clause 2.                                             Liability for Breach of Contract

 

2.1.                            Buyer’s Liability

 

2.1.1.                  Liability for overdue payment: If the Buyer does not make the payment when due and still fails to make the payment in full within 10 days after the agreed payment term, the Buyer shall be liable for liquidated damages in a daily amount of 0.1% of the overdue payment amount. Such liquidated damages shall be calculated from the date on which the payment becomes overdue to the date on which such overdue payment is made in full. If the Buyer’s payment is overdue for more than 30 days, (1) the Seller is entitled to terminate this Agreement unilaterally; (2) the Seller shall require the Buyer to assume liabilities pursuant to the Original Contract; and (3) in addition to the aforesaid liquidated damages for the daily overdue payment (calculated from the termination date of this Agreement), the Buyer shall pay off the outstanding amount and be liable for the liquidated damages in an amount of 15% of the total overdue payment.

 

2.1.2.                  Liability for rejection of goods: If the Buyer fails to take the delivery of goods after the Seller delivers the purchased goods as agreed in this Agreement (which shall be deemed as rejection of goods), relevant risks associated with such goods shall be transferred to the Buyer. If the Buyer fails to pay off the payment for the relevant goods and take the delivery of such goods from the Seller’s warehouse (if the Seller has delivered the goods) within 3 working days after the rejection of goods, the Buyer shall be liable for the overdue payment as required by Clause 2.1.1, and pay for the relevant warehouse and labor management costs. In addition, the Seller shall also be entitled to take hold of the goods rejected by the Buyer or temporarily store the goods in the Seller’s warehouse. In addition to the liabilities for overdue payment and warehouse and labor management costs, all the losses suffered by the Seller as a result of such taking hold or temporary storing shall be indemnified by the Buyer.

 

2.1.3.                  If the way of delivery is adjusted to fetching goods by the Buyer itself, the liabilities of the Buyer for rejection to fetch goods shall be subject to Clause 2.1.2.

 

2.2.                            Seller’s Liability

 

2.2.1.                  If the Seller fails to perform its obligation of delivering goods as scheduled and still fails to make the delivery within 10 days after the date on which delivery falls due, the Seller shall be liable for delayed delivery to the Buyer with an amount of 0.1% of the payment for such delayed goods for each day overdue. Such liquidated damages shall be calculated from the date on which delivery becomes overdue to the date on which goods are completely delivered.

 

2.2.2.                  If the goods delivered by the Seller fail to meet the requirements as provided in this Agreement and the Original Contract, the Buyer shall be entitled to require the Seller to replace the goods with such goods consistent with the specifications as agreed in this Agreement, and the transportation fee and other costs incurred thereby shall be assumed by the Seller.

 

4











 

Clause 3.                     Miscellaneous

 

3.1.                            The Seller and the Buyer reaffirm that the purchase price temporarily set out in Appendix (C-4) to the Supplementary Agreement (10) to Polysilicon Supply Contract dated January 10, 2011 is merely pro forma price, and that the actual purchase price for contract performance shall be determined by both parties as agreed in this Agreement when signing monthly or weekly orders or supplementary agreements. The Seller and the Buyer reaffirm that the agreement on keeping the total amount of the Original Contract unchanged set forth in Clause 1 to Supplementary Agreement (2) to Polysilicon Supply Contract dated August 24, 2009 and Clause 3.3 of the Supplementary Agreement (4) to Polysilicon Supply Contract dated March 29, 2010 shall not be binding on both parties.

 

3.2.                            If there are any discrepancies or conflicts between the Original Contract and this Agreement, this Agreement shall prevail. Any matters not covered by this Agreement shall be subject to the Original Contract.

 

3.3.                            Any dispute arising out of the Original Contract and this Agreement shall be resolved by both parties through friendly consultation; if no resolution can be reached through consultation, both parties agree to refer such dispute to China International Economic and Trade Arbitration Commission Shanghai Sub-Commission for settlement by arbitration.

 

3.4.                            This Agreement shall take effect after being sealed by both parties.

 

3.5.                            This Agreement shall be executed in eight original copies, of which the Buyer shall keep two copies and the Seller shall keep six copies. Each copy shall have the same legal effect.

 

(No Text Below)

 

5











 

Buyer:                                 Changzhou Trina Solar Energy Co., Ltd. (Party A’s Seal)

 

Legal Representative or Authorized Representative (Signature):

 

[Company Seal is Affixed]

 

Seller:                                   Changzhou GCL Photovoltaic Technology Co., Ltd. (Party B’s Seal)

 

Legal Representative or Authorized Representative (Signature):

 

[Company Seal is Affixed]

 

Jiangsu GCL Silicon Material Technology Development Co., Ltd.  (Party C’s Seal)

 

Legal Representative or Authorized Representative (Signature):

 

[Company Seal is Affixed]

 

Taicang GCL Photovoltaic Technology Co., Ltd. (Party D’s Seal)

 

Legal Representative or Authorized Representative (Signature):

 

[Company Seal is Affixed]

 

Suzhou GCL Photovoltaic Technology Co., Ltd. (Party E’s Seal)

 

Legal Representative or Authorized Representative (Signature):

 

[Company Seal is Affixed]

 

Yangzhou GCL Photovoltaic Technology Co., Ltd. (Party F’s Seal)

 

Legal Representative or Authorized Representative (Signature):

 

[Company Seal is Affixed]

 

6











 

Appendix I            List of Polysilicon Supply Agreement and the Supplementary Agreements and Memorandums

 

	
No.
    	
 
    	
Date of Execution
    	
 
    	
Contract Title
    	
 
    	
Party A’s Contract No.
    
	
1
    	
 
    	
Mar 29, 2008
    	
 
    	
Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-0
    
	
2
    	
 
    	
Aug 19, 2008
    	
 
    	
Supplementary Agreement (1) to Polysilicon   Original Contract and Supplementary Agreements
    	
 
    	
TCZ-A1130-0803-CGC-120-0
    
	
3
    	
 
    	
Aug 2008
    	
 
    	
Supplementary Amendment to Supplementary   Agreement (1) to Polysilicon Original Contract and Supplementary   Agreements
    	
 
    	
 
    
	
4
    	
 
    	
Dec 8, 2008
    	
 
    	
Memorandum
    	
 
    	
 
    
	
5
    	
 
    	
Jan 21, 2009
    	
 
    	
Memorandum
    	
 
    	
 
    
	
6
    	
 
    	
Apr 1, 2009
    	
 
    	
Contract Performance Memorandum
    	
 
    	
 
    
	
7
    	
 
    	
May 4, 2009
    	
 
    	
Contract Performance Memorandum
    	
 
    	
TCZ-A1130-0803-CGC-120-C
    
	
8
    	
 
    	
Jul 20, 2009
    	
 
    	
Contract Performance Memorandum
    	
 
    	
TCZ-A1130-0803-CGC-120-D
    
	
9
    	
 
    	
Jul 25, 2009
    	
 
    	
Contract Performance Memorandum
    	
 
    	
TCZ-A1130-0803-CGC-120-E
    
	
10
    	
 
    	
Jul 31, 2009
    	
 
    	
Contract Performance Memorandum
    	
 
    	
TCZ-A1130-0803-CGC-120-F
    
	
11
    	
 
    	
Aug 24, 2009
    	
 
    	
Supplementary Agreement (2) to Polysilicon   Original Contract and Supplementary Agreements
    	
 
    	
TCZ-A1130-0803-CGC-120-0
    
	
12
    	
 
    	
Oct 26, 2009
    	
 
    	
Supplementary Agreement (3) to  Polysilicon   Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-G
    
	
13
    	
 
    	
Nov 20, 2009
    	
 
    	
Contract Performance Memorandum 09-12
    	
 
    	
TCZ-A1130-0803-CGC-120-H
    
	
14
    	
 
    	
Dec 15, 2009
    	
 
    	
Contract Performance Memorandum
    	
 
    	
TCZ-A1130-0803-CGC-120-J
    
	
15
    	
 
    	
Jan 12, 2010
    	
 
    	
Contract Performance Memorandum
    	
 
    	
TCZ-A1130-0803-CGC-120-K
    
	
16
    	
 
    	
Feb 23, 2010
    	
 
    	
Contract Performance Memorandum
    	
 
    	
TCZ-A1130-0803-CGC-120-L
    
	
17
    	
 
    	
Mar 29, 2010
    	
 
    	
Supplementary Agreement (4) to Polysilicon   Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-0
    
	
18
    	
 
    	
Apr 2010
    	
 
    	
Memorandum (1) to Supplementary Agreement   (4) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-0
    
	
19
    	
 
    	
Apr 2, 2010
    	
 
    	
Contract Performance Memorandum
    	
 
    	
TCZ-A1130-0803-CGC-120-M
    
	
20
    	
 
    	
Apr 26, 2010
    	
 
    	
Contract Performance Memorandum
    	
 
    	
TCZ-A1130-0803-CGC-120-N
    
	
21
    	
 
    	
May 14, 2010
    	
 
    	
Memorandum (2) to Supplementary Agreement   (4) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2
    
	
22
    	
 
    	
Jul 7, 2010
    	
 
    	
Contract Performance Memorandum
    	
 
    	
TCZ-A1130-0803-CGC-120-O
    
	
23
    	
 
    	
Jul 29, 2010
    	
 
    	
Contract Performance Memorandum
    	
 
    	
TCZ-A1130-0803-CGC-120-P
    
	
24
    	
 
    	
Jul 30, 2010
    	
 
    	
Memorandum (3) to Supplementary Agreement   (4) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-3
    
	
25
    	
 
    	
Aug 24, 2010
    	
 
    	
Memorandum (4) to Supplementary Agreement   (4) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-4
    
	
26
    	
 
    	
Aug 30, 2010
    	
 
    	
Contract Performance Memorandum
    	
 
    	
TCZ-A1130-0803-CGC-120-Q
    
	
27
    	
 
    	
Sep 29, 2010
    	
 
    	
Supplementary Agreement (5) to Polysilicon   Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-5
    
	
28
    	
 
    	
Oct 16, 2010
    	
 
    	
Supplementary Agreement (6) to Polysilicon   Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-R
    
	
29
    	
 
    	
Oct 30, 2010
    	
 
    	
Supplementary Agreement (7) to Polysilicon   Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-S
    
	
30
    	
 
    	
Dec 30, 2010
    	
 
    	
Supplementary Agreement (8) to Polysilicon   Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-6
    
	
31
    	
 
    	
Dec 3, 2010
    	
 
    	
Supplementary Agreement (9) to Polysilicon   Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-T
    


 

7











 

	
No.
    	
 
    	
Date of Execution
    	
 
    	
Contract Title
    	
 
    	
Party A’s Contract No.
    
	
32
    	
 
    	
Jan 11, 2011
    	
 
    	
Supplementary Agreement (10) to Polysilicon   Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-7
    
	
33
    	
 
    	
Dec 28, 2010
    	
 
    	
Supplementary Agreement (11) to Polysilicon   Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-U
    
	
34
    	
 
    	
Jan 26, 2011
    	
 
    	
Supplementary Agreement (12) to Polysilicon   Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2011-1
    
	
35
    	
 
    	
Apr 2, 2011
    	
 
    	
Supplementary Agreement (13) to Polysilicon   Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2011-2
    
	
36
    	
 
    	
Apr 28, 2011
    	
 
    	
May 2011 Memorandum to Supplementary Agreement   (4) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2011-3
    
	
37
    	
 
    	
Jun 7, 2011
    	
 
    	
Memorandum (1) to Supplementary Agreement   (10) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-8
    
	
38
    	
 
    	
Jun 21, 2011
    	
 
    	
Memorandum (2) to Supplementary Agreement (10) to   Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-9
    
	
39
    	
 
    	
Jun 21, 2011
    	
 
    	
Memorandum (3) to Supplementary Agreement   (10) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-10
    
	
40
    	
 
    	
Jun 24, 2011
    	
 
    	
June 2011 Memorandum to Supplementary   Agreement (4) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2011-4
    
	
41
    	
 
    	
Jul 25, 2011
    	
 
    	
Memorandum (4) to Supplementary Agreement   (10) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-11
    
	
42
    	
 
    	
Oct 14, 2011
    	
 
    	
Memorandum (5) to Supplementary Agreement   (10) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-13
    
	
43
    	
 
    	
Oct 18, 2011
    	
 
    	
October 2011 Memorandum to Supplementary   Agreement (4) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2011-5
    
	
44
    	
 
    	
Oct 31, 2011
    	
 
    	
Memorandum (6) to Supplementary Agreement (10) to   Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-14
    
	
45
    	
 
    	
Nov 8, 2011
    	
 
    	
Memorandum (7) to Supplementary Agreement   (10) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-15
    
	
46
    	
 
    	
Nov14, 2011
    	
 
    	
Memorandum (8) to Supplementary Agreement   (10) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-16
    
	
47
    	
 
    	
Dec 25, 2011
    	
 
    	
Memorandum (9) to Supplementary Agreement   (10) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-17
    
	
48
    	
 
    	
Dec 25, 2011
    	
 
    	
Memorandum (10) to Supplementary Agreement   (10) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-18
    
	
49
    	
 
    	
Jan 5, 2012
    	
 
    	
Memorandum (11) to Supplementary Agreement   (10) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-19
    
	
50
    	
 
    	
Jan 11, 2012
    	
 
    	
Memorandum (12) to Supplementary Agreement   (10) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-20
    
	
51
    	
 
    	
Feb 6, 2012
    	
 
    	
Memorandum (13) to Supplementary Agreement   (10) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-21
    
	
52
    	
 
    	
Feb 22, 2012
    	
 
    	
Memorandum (14) to Supplementary Agreement   (10) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-22
    
	
53
    	
 
    	
Mar 2, 2012
    	
 
    	
February 2012 Memorandum to Supplementary   Agreement (4) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-1
    
	
54
    	
 
    	
Mar 19, 2012
    	
 
    	
Memorandum (15)   to Supplementary Agreement (10) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-23
    
	
55
    	
 
    	
Mar 22, 2012
    	
 
    	
Supplementary Agreement (15)   to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-3
    
	
56
    	
 
    	
Mar 22, 2012
    	
 
    	
Supplementary Agreement (16)   to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-2
    


 

8











 

	
No.
    	
 
    	
Date of Execution
    	
 
    	
Contract Title
    	
 
    	
Party A’s Contract No.
    
	
57
    	
 
    	
Mar 26, 2012
    	
 
    	
Memorandum (1) to Supplementary Agreement (15)   to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-3-1
    
	
58
    	
 
    	
Mar 28, 2012
    	
 
    	
March 2012 Memorandum to Supplementary Agreement (16)   to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-4
    
	
59
    	
 
    	
Apr 28, 2012
    	
 
    	
April 2012 Memorandum to Supplementary Agreement (16)   to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-5
    
	
60
    	
 
    	
Apr 30, 2012
    	
 
    	
Memorandum (2) to   Supplementary Agreement (15) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-3-2
    
	
61
    	
 
    	
May 14, 2012
    	
 
    	
Memorandum (3) to   Supplementary Agreement (15) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-3-3
    
	
62
    	
 
    	
May 28, 2012
    	
 
    	
May 2012 Memorandum to Supplementary Agreement (16)   to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-6
    
	
63
    	
 
    	
Jun 1, 2012
    	
 
    	
Memorandum (4) to   Supplementary Agreement (15) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-3-4
    
	
64
    	
 
    	
Jun 7, 2012
    	
 
    	
April and   May 2012 Memorandum Supplementary Agreement to Supplementary Agreement (16)   to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-7
    
	
65
    	
 
    	
Jun 11, 2012
    	
 
    	
Memorandum (5) to   Supplementary Agreement (15) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-3-5
    
	
66
    	
 
    	
Jul 1, 2012
    	
 
    	
Silicon Material   Memorandum on Modification of Polysillicon Specifications in the Order of   May 2012
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-6-A
    
	
67
    	
 
    	
Jul 1, 2012
    	
 
    	
June 2012 Memorandum to Supplementary Agreement (16)   to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-8
    
	
68
    	
 
    	
Jul 9, 2012
    	
 
    	
Memorandum (6) to   Supplementary Agreement (15) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-3-6
    
	
69
    	
 
    	
Aug 10, 2012
    	
 
    	
Memorandum (7) to   Supplementary Agreement (15) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-3-7
    
	
70
    	
 
    	
Aug 16, 2012
    	
 
    	
July 2012 Memorandum to Supplementary Agreement (16)   to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-9
    
	
71
    	
 
    	
Aug 16, 2012
    	
 
    	
August 2012 Memorandum to Supplementary Agreement (16)   to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-9-A
    
	
72
    	
 
    	
Aug 28, 2012
    	
 
    	
Memorandum (8) to   Supplementary Agreement (15) to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-3-8
    
	
73
    	
 
    	
Oct 26, 2012
    	
 
    	
Supplementary Agreement (18)   to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-10
    
	
74
    	
 
    	
Oct 26, 2012
    	
 
    	
Supplementary Agreement (17)   to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-3-9
    
	
75
    	
 
    	
Oct 29, 2012
    	
 
    	
Agreement on   Creditor’s Right Transfer and Set-off
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-3-9-A
    
	
76
    	
 
    	
Oct 31, 2012
    	
 
    	
November 2012 Memorandum to Supplementary Agreement (16)   to Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2012-11
    
	
77
    	
 
    	
Jan 31, 2013
    	
 
    	
[February 2013] Memorandum to Supplementary Agreement (10) to   Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2013-W1
    
	
78
    	
 
    	
Feb 28, 2013
    	
 
    	
[March 2013] Memorandum to Supplementary Agreement (10) to   Polysilicon Supply Agreement
    	
 
    	
TCZ-A1130-0803-CGC-120-2013-W2
    


 

9