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- F-1 Registration statement (foreign)
- 3.1 Second Amended and Restated Memorandum and Articles of Association
- 4.1 Form of Ordinary Share Certificate
- 4.2 Form of Third Amended and Restated Memorandum and Articles of Association
- 4.3 Form of Deposit Agreement
- 4.5 Investor Rights Agreement
- 5.1 Opinion of Thorp Alberga, the Cayman Islands Counsel to the Registrant
- 8.3 Opinion of Jun He Law Offices Regarding Certain Chinese Tax Law Matters
- 10.1 2009 Share Incentive Plan
- 10.2 Form of Indemnification Agreement with the Registrant's Directors and Officers
- 10.3 Form of Employment Agreement Between the Registrant and an Executive Officer
- 10.4 English Translation of the Lease Agreement
- 10.5 English Translation of the Amended and Restated Lease Agreement
- 10.6 English Translation of the Supplemental Agreement
- 10.7 English Translation of the Sales and Purchase Agreement
- 10.8 English Translation of the Amendment Agreement
- 10.9 English Translation of the Amendment Agreement
- 10.10 English Translation of the Sales and Purchase Agreement
- 10.11 English Translation of the Sales and Purchase Agreement
- 10.12 English Translation of the Amendment Agreement
- 10.13 English Translation of the Sales and Purchase Agreement
- 10.15 English Translation of the Three-party Sales and Purchase Contract
- 10.16 English Translation of the Strategic Cooperation Agreement
- 10.17 English Translation of the Supplemental Agreement to the Strategic Cooperation
- 10.18 English Translation of a Sales and Purchase Agreement
- 10.19 English Translation of the Loan Agreement
- 10.20 English Translation of the Loan Agreement
- 10.21 English Translation of the Loan Agreement
- 10.22 English Translation of the Loan Agreement
- 10.23 English Translation of the Loan Agreement
- 10.24 English Translation of the Loan Agreement
- 10.27 English Translation of the Trademark License Agreement
- 10.28 Non-competition Agreement
- 10.29 Technology License and Engineering Services Contract
- 10.30 English Summary of the Construction Contract
- 10.31 English Summary of the Amendment to the Construction Contract
- 10.32 English Summary of the Construction Contract
- 10.33 Series a Purchase Agreement Among the Registrant Dated November 11, 2009
- 10.34 English Translations of a Sales and Purchase Agreement
- 21.1 Subsidiaries of Registrant
- 23.1 Consent of Deloitte Touche Tohmatsu Cpa LTD.
- 23.3 Consent of Jun He Law Offices
- 23.4 Consent of Solarbuzz LLC
- 23.5 Consent of Daqing Qi to Become a Director
- 23.6 Consent of Rongling Chen to Become a Director
- 99.1 Code of Business Conduct and Ethics of the Registrant
- 99.2 Opinion of Jun He Law Offices
Exhibit 10.9
English Translation
Agreement on Changing the Contracting Party ofSales and
Purchase Contract of Polysilicon
Party A: Zhejiang Yuhui Solar Energy Source Co., Ltd.
Address: No. 8, Baoqun Road, Yaozhuang Town, Jiashan, Zhejiang
Tel: 0573-84773058, Fax: 0573-84773383
Party B: Daqo New Material Co., Ltd.
Address: Wanzhou Salt and Gas Chemical Industrial Park of Chongqing
Tel: 023-64866666, Fax: 023-64846688
Party C: Chongqing Daqo New Energy Co., Ltd.
Address: Wanzhou Salt and Gas Chemical Industrial Park of Chongqing
Tel: 023-64866666, Fax: 023-64846688
Party A and Party B entered into theSales and Purchase Contract of Polysilicon(Contract No.:2007007) on October 31, 2007, and later entered into theSupplementary Agreement to Sales and Purchase Contract of Polysilicon(Contract No.:2007007-02) on December 5, 2008. Since the performing party has changed during performance of the contract, Party A, Party B and Party C reach the following through negotiation:
I. All parties agree to change Party B in the two aforesaid contracts between Party A and Party B from Daqo New Material Co., Ltd. into Party C of this Agreement, Chongqing Daqo New Energy Co., Ltd.
II. Other terms and conditions of the two original contracts shall remain unchanged, unless otherwise agreed in this Agreement.
III. Upon change of a contracting party, the rights and obligations underSales and Purchase Contract of Polysilicon(Contract No.:2007007) andSupplementary Agreement to Sales and Purchase Contract of Polysilicon(No.:2007007-02) shall be continuously performed by Party A and Party C. The performance made by Party C on behalf of Party B is acknowledged by all parties and regarded as the performance made by Party B, no party raises any objection in this regard.
IV. This agreement shall take effect upon being signed and affixed with seal by the three parties.
V. Disputes arising from interpretation or performance thereof and hereof shall be settled by all parties through friendly negotiation.
1
Party A (Seal)
Seal: Zhejiang Yuhui Solar Energy Source Co., Ltd.
December 11, 2008
Party B: (Seal)
Seal: Daqo New Material Co., Ltd.
December 11, 2008
Party C: (Seal)
Seal: Chongqing Daqo New Energy Co., Ltd.
December 11, 2008
2