EXHIBIT 10.28.1
GRAFTECH INTERNATIONAL LTD. HAS CLAIMED CONFIDENTIAL TREATMENT
OF PORTIONS OF THIS DOCUMENT IN ACCORDANCE WITH RULE 24B-2 UNDER
THE SECURITIES EXCHANGE ACT OF 1934.
AMENDMENT NO. 2
THIS AMENDMENT is made effective
as of January 1, 2005 (‘The Effective Date”) by and
among (1) CONOCOPHILLIPS COMPANY (“Seller”),
successor by merger to Conoco Inc., of 600 North Dairy Ashford
Road, Houston, Texas 77079; and (2) UCAR CARBON COMPANY INC.
(“UCARINC”), AND UCAR S.A. (together with
UCARINC, “Buyer”) of
_____________________________________________ (each a
“Party” and together “the Parties”) and
amends an Agreement (the “Agreement”) AMONG THE Parties
entered as of January 1, 2001, in the following
particulars:
1. Section
2.1 of the Agreement is amended to add the following text at the
end of the paragraph:
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Notwithstanding
the foregoing, Seller agrees to supply the following minimum
quantities for the year *:
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Grade * — *
kmt
Grade * — *
kmt”
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2. Section
5.3.1A of the Agreement is amended to read as follows:
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“ A.
For the year * the prices to be used for invoicing and payment for
Coke supplied under this Agreement will be fixed at the
following:
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“Grade *
— $* per metric ton
“Grade * — $* per metric
ton
“Grade * — $* per metric
ton
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For the year
2004 the prices to be used for invoicing and payment for Coke
supplied under this Agreement will be fixed at the
following:
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“Grade *
— $* per metric ton
“Grade * — $* per metric
ton
“Grade * — $* per metric
ton
|
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For the year * the
prices to be used for invoicing and payment for Coke supplied under
this Agreement will be fixed at the following:
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“Grade *
— * per metric ton
“Grade * — * per metric
ton
“Grade * — * per metric
ton”
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* CONFIDENTIAL INFORMATION HAS
BEEN OMITTED AND FURNISHED SEPARATELY TO THE COMMISSION
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