APACHE DESIGN SOLUTIONS INC - FORM S-1 - EX-10.6 - AMENDMENT NO. 1 TO PURCHASE AGREEMENT - March 14, 2011

Attached files

file filename
S-1 - FORM S-1 - APACHE DESIGN SOLUTIONS INCds1.htm
EX-3.1 - FORM OF AMENDED AND RESTATED CERTIFICATE OF INCORPORATION - APACHE DESIGN SOLUTIONS INCdex31.htm
EX-4.2 - AMENDED AND RESTATED INVESTORS' RIGHTS AGREEMENT - APACHE DESIGN SOLUTIONS INCdex42.htm
EX-3.2 - FORM OF AMENDED AND RESTATED BYLAWS - APACHE DESIGN SOLUTIONS INCdex32.htm
EX-2.1 - ASSET PURCHASE AGREEMENT - APACHE DESIGN SOLUTIONS INCdex21.htm
EX-10.5 - PURCHASE AGREEMENT - APACHE DESIGN SOLUTIONS INCdex105.htm
EX-10.9 - AMENDMENT NO. 1 TO DEVELOPMENT, MARKETING & LICENSE AGREEMENT - APACHE DESIGN SOLUTIONS INCdex109.htm
EX-10.2 - 2011 EQUITY INCENTIVE PLAN - APACHE DESIGN SOLUTIONS INCdex102.htm
EX-23.1 - CONSENT OF KPMG LLP - APACHE DESIGN SOLUTIONS INCdex231.htm
EX-10.8 - DEVELOPMENT, MARKETING & LICENSE AGREEMENT - APACHE DESIGN SOLUTIONS INCdex108.htm
EX-10.3 - 2011 EMPLOYEE STOCK PURCHASE PLAN - APACHE DESIGN SOLUTIONS INCdex103.htm
EX-10.7 - INTEL SIDE LETTER - APACHE DESIGN SOLUTIONS INCdex107.htm
EX-10.1 - 2001 STOCK OPTION/STOCK ISSUANCE PLAN - APACHE DESIGN SOLUTIONS INCdex101.htm
EX-21.1 - LIST OF SUBSIDIARIES OF THE REGISTRANT - APACHE DESIGN SOLUTIONS INCdex211.htm
EX-10.4 - SOFTWARE LICENSE AGREEMENT - APACHE DESIGN SOLUTIONS INCdex104.htm
EX-10.19 - OFFER LETTER - SHEN LIN - APACHE DESIGN SOLUTIONS INCdex1019.htm
EX-10.10 - LEASE AGREEMENT - APACHE DESIGN SOLUTIONS INCdex1010.htm
EX-10.26 - FORM OF 2010 AE COMPENSATION POLICY - APACHE DESIGN SOLUTIONS INCdex1026.htm
EX-10.11 - FORM OF INDEMNIFICATION AGREEMENT - APACHE DESIGN SOLUTIONS INCdex1011.htm
EX-10.17 - OFFER LETTER - NORMAN CHANG - APACHE DESIGN SOLUTIONS INCdex1017.htm
EX-10.14 - OFFER LETTER - STEVEN (CRAIG) SHIRLEY - APACHE DESIGN SOLUTIONS INCdex1014.htm
EX-10.22 - SALARY RAISE LETTER - YU LIU - APACHE DESIGN SOLUTIONS INCdex1022.htm
EX-10.24 - LETTER AGREEMENT - PING YANG - APACHE DESIGN SOLUTIONS INCdex1024.htm
EX-10.25 - LETTER AGREEMENT - LORI HOLLAND - APACHE DESIGN SOLUTIONS INCdex1025.htm
EX-10.16 - SALARY RAISE LETTER - DIAN YANG - APACHE DESIGN SOLUTIONS INCdex1016.htm
EX-10.15 - OFFER LETTER - DIAN YANG - APACHE DESIGN SOLUTIONS INCdex1015.htm
EX-10.20 - SALARY RAISE LETTER - SHEN LIN - APACHE DESIGN SOLUTIONS INCdex1020.htm
EX-10.23 - OFFER LETTER - AVEEK SARKAR - APACHE DESIGN SOLUTIONS INCdex1023.htm
EX-10.21 - OFFER LETTER - YU LIU - APACHE DESIGN SOLUTIONS INCdex1021.htm
EX-10.18 - SALARY RAISE LETTER - NORMAN CHANG - APACHE DESIGN SOLUTIONS INCdex1018.htm
EX-10.27 - FORM OF 2010 SALES COMPENSATION POLICY - APACHE DESIGN SOLUTIONS INCdex1027.htm

Exhibit 10.6

CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

AMENDMENT NO. 1 TO

SOFTWARE AND RELATED SERVICES AGREEMENT

between

INTEL CORPORATION

and

Apache Design Solutions Inc.

INTEL AGREEMENT NUMBER

Amendment Effective Date: September 30, 2009

WHEREAS, Intel and Apache Design Solutions, Inc. have entered into a Software and Related Services Agreement, (hereinafter called “Agreement”) dated 6/30/08; and

WHEREAS, both parties wish to amend the Agreement to extend the term of the Agreement and add new addendum J to reflect the modified terms to existing Addendum A as it relates solely to new purchases between Intel Corp and Apache Design Solutions Inc. completed no earlier than [*]

THEREFORE, for valuable consideration, the adequacy and receipt of which are hereby acknowledged, the parties agree as follows:

 

1. PRE-ESTABLISHED TERMS

All terms and conditions of the Agreement remain in full force and effect and apply to this Addendum, unless specifically modified below. For the avoidance of doubt, the parties acknowledge that a [*] Pre-existing Commitment Intel PO number 4505526333 dated July 17, 2008) carries forward from the Agreement and that such Pre-existing Commitment expires on [*] with pre-established Addendum A pricing (including [*] Commitment exchanges) remaining in full force and effect through [*]. No product license term may extend beyond [*] for the Pre-existing Commitment. For convenience, this Addendum A pricing is duplicated in the tables below with column headings “Intel 2008 Contract”.

 

[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

2. AGREEMENT MODIFICATIONS

 

  •  

The term of the Agreement is hereby extended for [*] with a new expiration date of [*].

 

  •  

New addendum “J” is added to the existing agreement as follows:

 

[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

 

2

ADDENDUM “J”

 

1) Existing Apache product pricing [*] for purchases made on/after [*] as follows:

 

  •  

[*]

 

  •  

[*]

 

2) [*] purchased on/after [*] may be exchanged for Apache products at a value of [*] for the period [*] to [*] at the prices specified below. No product license term may extend beyond [*].

 

3) [*] may be used for any Apache products in the pricebook at the time of redemption, regardless of whether or not they are included in the pricebook below. Similar discounts will be applied to products that fall into the IC and Packaging/PCG product families as outlined in this addendum “J”.

 

4) The 2008 SLA Packaging/PCB product pricing is [*] with Addendum “J”; and subsequently [*]. [*]

 

5) Initial Purchase Details for Contract Term [*] through [*]: Intel intends to purchase [*]. These [*] may be exchanged for Apache products for the period: [*] to [*] with each [*] having a value of [*].

 

6) Invoice Schedule: For the purchase totaling [*], the payment schedule is fixed as described below. There is no acceleration/deceleration of payments tied to consumption of [*], and [*] can be used at any time by Intel during the term of this agreement.

[*]

 

7) Incremental purchases: Intel at its sole option can purchase incremental [*] at any time during the contract term and the effective pricebook for incremental [*] purchases will be as described below unless otherwise agreed to by the parties.

[*]

 

[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

 

3

AGREED:    
INTEL CORPORATION     APACHE DESIGN SOLUTIONS, INC.
By:  

/s/ Etan Gopstein

     By:  

/s/ Craig Shirley

Etan Gopstein

    

Craig Shirley

(Printed Name)     (Printed Name)

Sr. Manager – Contracts, Negotiations and Compliance Group

    

VP Sales

(Title)     (Title)

10/27/09

    

10/30/2009

(Date)     (Date)

 

4