AXT 8-K 2009
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): December 31, 2008
(Exact name of registrant as specified in its charter)
4281 Technology Drive
Fremont, California 94538
(Address of principal executive offices) (Zip Code)
Registrants telephone number, including area code: (510) 683-5900
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 1.01 Entry into a Material Definitive Agreement
On December 31, 2008, AXT, Inc., (AXT or the Company) renewed two supply agreements (collectively the Agreements) with IQE plc of Somerset, New Jersey (IQE).
Under the terms of the Agreements, IQE shall purchase from AXT a minimum of approximately $14.3 million of 4-inch and 6-inch semi-insulating gallium arsenide (GaAs) substrates, the majority of which will consist of 6-inch substrates. All 4-inch GaAs substrates are to be shipped by December 31, 2009 and all 6-inch GaAs substrates are to be shipped by March 31, 2010.
The Agreements are filed as Exhibits 10.29 and 10.30 to this Form 8-K. As the Company has applied for confidential treatment from the Securities and Exchange Commission with respect to certain commercially sensitive pricing terms contained in the Agreements, such terms have been redacted from Exhibit 10.29 and Exhibit 10.30 and have been replaced by the symbol ***.
A copy of the press release announcing this production order is attached hereto as Exhibit 99.1 and is incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits
* Confidential treatment has been requested of the Securities and Exchange Commission for portions of this exhibit.
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.