Attached files
| file | filename |
|---|---|
| 8-K - 7.17REORG&UNIMIN - Momentive Performance Materials Inc. | a8-k716reorg.htm |
Exhibit 10.01
THIRD EXTENSION AND AMENDMENT TO
QUARTZ SAND PRODUCTS PURCHASE AGREEMENT
This Third Extension and Amendment to Quartz Sand Products Purchase Agreement, effective as of June 30, 2012 (the “Third Extension and Amendment”), by and between Unimin Corporation (“Seller”) and Momentive Performance Materials Quartz, Inc. (formerly known as GE Quartz, Inc.) (“Buyer”). Defined terms used herein and not otherwise defined herein shall have the meanings given such terms in the “Agreement” (as defined herein below).
WHEREAS, Seller and Buyer are parties to a certain Quartz Sand Products Purchase Agreement, effective as of February 15, 2005, as amended, including but not limited to by that certain (i) Extension and Amendment to Quartz Sand Products Purchase Agreement effective as of December 31, 2010 and (ii) Second Extension and Amendment to Quartz Sand Products Purchase Agreement effective as of December 31, 2011 (the “Second Extension”) (together, the “Agreement”); and
WHEREAS, Seller and Buyer wish to amend the Agreement to provide for an extension of the term thereof;
NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the Seller and Buyer do hereby agree that the Agreement is amended as follows:
1. The Extension Term is extended through September 30, 2012.
2. Notwithstanding anything in the Agreement to the contrary, during the period from June 30, 2012 through September 30, 2012, the prices for the products set forth in the Second Extension shall be as provided in the Second Extension.
3. The Agreement, as amended hereby, remains in full force and effect and is hereby ratified and affirmed.
IN WITNESS WHEREOF, the parties have caused this Third Extension and Amendment to be duly executed effective as of the date first written above.
MOMENTIVE PERFORMANCE MATERIALS QUARTZ, INC. | UNIMIN CORPORATION | ||
By: Authorized Person | By: Authorized Person | ||
Name: Authorized Person | Name: Authorized Person | ||
Date: 7/17/12 | Date: 7/16/12 | ||