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RE: Warrants to be Issued in Connection with the Relationship Agreement and the Manufacturing Services Agreement Ladies and Gentlemen:

Manufacturing Agreement

RE: 
 
Warrants to be Issued in Connection with the Relationship Agreement and the Manufacturing Services Agreement
     Ladies and Gentlemen: | Document Parties: EVERGREEN SOLAR INC You are currently viewing:
This Manufacturing Agreement involves

EVERGREEN SOLAR INC

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Title: RE: Warrants to be Issued in Connection with the Relationship Agreement and the Manufacturing Services Agreement Ladies and Gentlemen:
Date: 7/20/2009
Industry: Semiconductors     Sector: Technology

RE: 
 
Warrants to be Issued in Connection with the Relationship Agreement and the Manufacturing Services Agreement
     Ladies and Gentlemen:, Parties: evergreen solar inc
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Exhibit 10.1

EVERGREEN SOLAR, INC.
138 Bartlett Street, Marlboro, MA
01752-3016 USA

July 14, 2009

Jiawei Solar (Wuhan) Co., Ltd.
No. 3, Road No. 1, Liufang Dongyi Industrial Park
Donghu Gaoxin District
Wuhan, Hubei 430205, China
Attention: Mr. Kong-Qi Ding

 

RE: 

 

Warrants to be Issued in Connection with the Relationship Agreement and the Manufacturing Services Agreement

     Ladies and Gentlemen:

     This side letter is being entered into in connection with the execution by Evergreen Solar, Inc. (“ ESLR ”), Evergreen Solar (Wuhan) Co., Ltd., Jiawei Solarchina Co. Ltd. (“ JWCN ”) and Jiawei Solar (Wuhan) Co., Ltd. of a Relationship Agreement and a Manufacturing Services Agreement, each as of even date herewith.

     Upon the satisfaction or waiver of the conditions set forth in Section 13 of the aforementioned Relationship Agreement, ESLR shall issue and deliver a warrant in accordance with the terms set forth in Exhibit A and JWCN shall deliver a warrant issued by Dynamic Green Energy, Ltd. (“ DGE ”) in accordance with the terms set forth in Exhibit B . The forms of the two warrants shall be as are otherwise customary and normal for similar transactions with the various terms of the two warrants being the same except where differences may be reasonably appropriate based on the public or private nature of the issuing company, applicable regulatory requirements and other circumstances uniquely affecting each company (e.g., each party’s representations and warranties regarding its capitalization will be different). The ESLR warrant shall not be effective unless the DGE warrant is properly issued and delivered to Jiawei. The DGE warrant shall not be effective unless the ESLR warrant is properly issued and delivered to ESLR.

     Evergreen Solar is very pleased to be entering into the aforementioned agreements and this side letter with Jiawei and looks forward to seeing the future mutual successes of the two companies. Please indicate your acceptance of the terms and conditions of this side letter by signing below.

 

 

 

 

 

 

Sincerely yours

EVERGREEN SOLAR, INC.
 

 

 

By:  

/s/ Michael El-Hillow  

 

 

 

Name and Title: Michael El-Hillow, CFO 

 

 

 

 

 

 

 

 

 

 

 

 

AGREED AND ACCEPTED:

JIAWEI SOLARCHINA CO., LTD
 

 

 

By:  

/s/ K. X. Ding  

 

 

 

Name and Title: K. X. Ding, Chairman & President 
J


 
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