AGREEMENT COMPLETELY.
(b) HE HAS HAD AN OPPORTUNITY TO CONSIDER THE TERMS OF THIS AGREEMENT.
(c) HE HAS BEEN ADVISED TO CONSULT WITH AN ATTORNEY OF HIS CHOOSING PRIOR TO
EXECUTING THIS AGREEMENT.
(d) HE KNOWS THAT HE IS GIVING UP IMPORTANT LEGAL RIGHTS BY SIGNING THIS
AGREEMENT.
(e) HE UNDERSTANDS AND MEANS EVERYTHING THAT HE HAS SAID IN THIS AGREEMENT, AND
HE AGREES TO ALL ITS TERMS.
(f) HE IS NOT RELYING ON MEMC OR ANY REPRESENTATIVE OF MEMC TO EXPLAIN THIS
AGREEMENT OR HIS RIGHTS TO HIM.
(g) HE HAS HAD AN OPPORTUNITY TO CONSULT AN ATTORNEY AND OTHER ADVISORS TO
EXPLAIN THIS AGREEMENT AND ITS CONSEQUENCES TO HIM BEFORE HE SIGNED IT, AND HE
HAS AVAILED HIMSELF OF THIS OPPORTUNITY TO WHATEVER EXTENT HE DESIRED.
(h) HE HAS SIGNED THIS AGREEMENT VOLUNTARILY AND ENTIRELY OF HIS OWN FREE WILL
WITHOUT ANY PRESSURE FROM MEMC OR ANY REPRESENTATIVE OF MEMC.
Separation Agreement and General Release
Mr. Sean Hunkler and MEMC Electronic Materials, Inc.
Page 10
IN WITNESS WHEREOF, the undersigned parties have signed this Agreement.
MEMC ELECTRONIC MATERIALS, INC.
By:
/s/ Bradley D. Kohn
Bradley D. Kohn
Vice President and General Counsel
SEAN HUNKLER Date:
8/12/08
/s/ Sean Hunkler
(Mr. Hunkler's Signature)
Separation Agreement and General Release
Mr. Sean Hunkler and MEMC Electronic Materials, Inc.
Exhibit 1
Employment Agreement between Mr. Sean Hunkler and MEMC
signed on August 15, 2005