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Balance Sheet
Cash Flows&RNote 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)#[Note 6 Marketable Securities:Note 6 Marketable (1)&0Note 7 Consolidated Balance She[FNote 7 Consolidated (1)]Note 7 Consolidated (2)tNote 7 Consolidated (3)Note 7 Consolidated (4)YNote 7 Consolidated (5)&Note 8 Derivative Financial InscNote 8 Derivative (1)ZNote 8 Derivative (2)Note 8 Derivative (3)/Note 8 Derivative (4)GNote 8 Derivative (5)#S_Note 14 Net Income per Share"wNote 14 Net Income per (1)"Note 14 Net Income per (2)#iNote 15 Comprehensive Income!ɽNote 15 Comprehensive (1)&Note 16 Statement of Cash Flows%Note 16 Statement of Cash (1) .
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42 Governing LawR
James R Miller&h
NONCOMPETITION AND NONSOLICITAT&)
Confidentiality and Intellectua
NO TITLE
NO TITLE (1)
NO TITLE (2)
l ,3_6
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??vIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008%350 West Washington Street, Suite 600 Page
Part I.
)
!Financial Information (Unaudited)
Item 1.4,Condensed Consolidated Financial Statements:,$Condensed Consolidated Statements of~
3
+Operations for the three months ended March#29, 2008 and March 31, 2007%Condensed Consolidated Balance Sheets~
2*as of March 29, 2008 and December 29, 2007,$Condensed Consolidated Statements of~
3+Cash Flows for the three months ended March#29, 2008 and March 31, 20071)Notes to Condensed Consolidated Financial~
StatementsItem 2./'Management s Discussion and Analysis of~
F5Financial Condition and Results of OperationsItem 3.0(Quantitative and Qualitative Disclosures~
bAbout Market RiskItem 4.Controls and Procedures~
fPart II.Other InformationItem 1.Legal Proceedings~
jItem 1A.Risk Factors~
jItem 6.Exhibits~
j Signature~
rDYlth\@?6na3^0U !"#$%&'()*+
Exhibit Index ~
v ! EX4.1"
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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3
FIRST SOLAR, INC.10Q
05/02/2008Income Statement Three Months Ended
March 29,
March 31,
~
b~
^ Net sales~
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Cost of sales
~
~
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Gross profit~
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jOperating expenses: Research and development~
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/+#Selling, general and administrative~
~
Production startup~
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j Total operating expenses~
~
Operating income~
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~
Interest income~
vh~
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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C
FIRST SOLAR, INC.10Q
05/02/2008
Balance Sheet March 29, December 29,
~
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ASSETS
Current assets:
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$~
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J~
3 Accounts receivable, net~
~
Inventories~
~
2tDeferred project costs~
~
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~
0'Deferred tax asset, net current~
=~
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"~
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0~
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)( Marketable securities noncurrent~
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~
Goodwill~
~
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6~
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//0Stockholders equity:0000000011)Common stock, $0.001 par value per share;11~
1B111~
1>112)500,000,000 shares authorized; 79,698,28343,and 78,575,211 shares issued and outstanding04(at March 29, 2008 and December 29, 2007,5respectively"6Additional paidin capital66~
6fC666~
6~A67Accumulated earnings77~
7777~
7~758Accumulated other comprehensive (loss) income88~
8r888~
8F89999999!:Total stockholders equity::~
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008
Cash Flows Three Months Ended
March 29,
March 31,
~
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^%Cash flows from operating activities:$
Cash received from customers
~
~
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~
Income tax~
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j80Excess tax benefit from sharebased compensation~
~
arrangements
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~
1)Net cash provided by operating activities~
~
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x.&Proceeds from maturities of marketable~
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1z^111~
1b1/2'Cash and cash equivalents, beginning of22~
2222~
223
the period444444445,Cash and cash equivalents, end of the period5~
5$55~
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash FlowsNote 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008.&Note 4. Goodwill and Intangible Assets' Balance as of December 29, 2007 ~
Goodwill adjustments
~
$Balance as of March 29, 2008~
$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/*Whsg[L=PF0*8X>
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008.&Note 4. Goodwill and Intangible Assets
As of December 29, 2007
Gross
NetCarryingAccumulated
CarryingAmountAmortization
Value
&Customer contracts in progress~
~
r ~
:&Customer contracts not started~
R
~
R
Total~
~
r ~
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008.&Note 4. Goodwill and Intangible Assets
As of March 29, 2008
(Unaudited)
Gross
NetCarryingAccumulated
Carrying
Amount
Amortization
Value&Customer contracts in progress~
~
r ~
:&Customer contracts not started~
~
R
~
V
Total~
N~
~
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008%Note 6. Marketable Securities
Gross
Gross
Estimated
Amortized
Unrealized
Unrealized
FairCost
Gains
Losses
Value/
'U.S. government obligations and federal
~
3
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N
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~
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agency debt
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable Securities!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008%Note 6. Marketable Securities
Gross
Gross
Estimated
Amortized
Unrealized
Unrealized
FairCost
Gains
Losses
Value
One year or less
~
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~
~
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)Note 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/20082*Note 7. Consolidated Balance Sheet Details March 29, December 29,
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Allowance for doubtful accounts
~
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/20082*Note 7. Consolidated Balance Sheet Details March 29, December 29,
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/20082*Note 7. Consolidated Balance Sheet Details March 29, December 29,
~
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/20082*Note 7. Consolidated Balance Sheet Details March 29, December 29,
~
b
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~
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gross Accumulated depreciation~
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/20082*Note 7. Consolidated Balance Sheet Details Three Months Ended
March 29,
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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05/02/20082*Note 7. Consolidated Balance Sheet Details March 29, December 29,
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)Note 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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05/02/20080(Note 8. Derivative Financial Instruments1)Level 1 Valuation techniques in which all 0 (significant inputs are unadjusted quoted
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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05/02/20080(Note 8. Derivative Financial Instruments
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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05/02/20080(Note 8. Derivative Financial Instruments March 29, December 29,
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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05/02/20080(Note 8. Derivative Financial Instruments Three Months Ended
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/20080(Note 8. Derivative Financial Instruments Three Months Ended
March 29,
March 31,~
b~
^
Stock options
~
O
~
X
Restricted stock units~
bVUnrestricted stock~
F~
*"Net amount absorbed into inventory~
~
.&Total sharebased compensation expense~
~
BZ$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/6[}qeYi)fB6*=PF0*8X>
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008%Note 14. Net Income per Share Three Months Ended
March 29,
March 31,~
b~
^"
Basic net income per share
Numerator:
Net income~
n~
NDenominator:1)Weightedaverage shares used in computing~
N~
nj"basic net income per share$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/<pdt4j5=PF0*8X>
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008%Note 14. Net Income per Share Three Months Ended
March 29,
March 31,~
b~
^$
Diluted net income per share
Denominator:1)Weightedaverage shares used in computing~
N~
nj"basic net income per share.&Effect of stock options and restricted~
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/stock units outstanding1)Weightedaverage shares used in computing~
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008%Note 14. Net Income per Share Three Months Ended
March 29,
March 31,~
b~
^7
/Options to purchase common stock and restricted
~
~
stock units$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/.pdt4qZ6*=PF0*8X>
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008%Note 15. Comprehensive Income Three Months Ended
March 29,
March 31,~
b~
^
Net income
~
n
~
N
0(Foreign currency translation adjustments~
~
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n~
bQ$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/:pdt4LxT=PF0*8X>
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive Income!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008%Note 15. Comprehensive Income March 29, December 29,
~
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1) Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008( Note 16. Statement of Cash Flows Three Months Ended
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash FlowsNote 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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05/02/2008( Note 16. Statement of Cash Flows Three Months Ended
March 29,
March 31,~
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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05/02/2008"Note 17. Segment Reporting
Three Months Ended
Three Months Ended
March 29, 2008
March 31, 2007
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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05/02/2008"Note 17. Segment Reporting Three Months Ended
March 29,
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008"Note 17. Segment Reporting
Three Months Ended
(Dollars in thousands)
March 29, 2008
March 31, 2007
!
Three Month Period Change Net sales~
~
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$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/(ATsgM=PF0*8X>
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008"Note 17. Segment Reporting
Three Months Ended
(Dollars in thousands)
March 29, 2008
March 31, 2007
!
Three Month Period Change
Cost of sales~
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Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008"Note 17. Segment Reporting
Three Months Ended
(Dollars in thousands)
March 29, 2008
March 31, 2007
!
Three Month Period ChangeGross profit~
^~
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~
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008"Note 17. Segment Reporting
Three Months Ended
(Dollars in thousands)
March 29, 2008
March 31, 2007
!
Three Month Period Change Research and development~
bJ~
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008"Note 17. Segment Reporting
Three Months Ended
(Dollars in thousands)
March 29, 2008
March 31, 2007
!
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~
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~
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008"Note 17. Segment Reporting
Three Months Ended
(Dollars in thousands)
March 29, 2008
March 31, 2007
!
Three Month Period ChangeProduction startup~
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }I"}$ }}$
FIRST SOLAR, INC.10Q
05/02/2008"Note 17. Segment Reporting
Three Months Ended
(Dollars in thousands)
March 29, 2008
March 31, 2007
!
Three Month Period Change$Foreign currency gain (loss)~
~
~
R
N.M.
$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/(UTsgM=PF0*8X>
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$}$ }$}$
FIRST SOLAR, INC.10Q
05/02/2008"Note 17. Segment Reporting
Three Months Ended
(Dollars in thousands)
March 29, 2008
March 31, 2007
!
Three Month Period ChangeInterest income~
vh~
~@ ~
'
~
%
$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/(GTsgM=PF0*8X>
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$}$ }$}$
FIRST SOLAR, INC.10Q
05/02/2008"Note 17. Segment Reporting
Three Months Ended
(Dollars in thousands)
March 29, 2008
March 31, 2007
!
Three Month Period ChangeInterest expense, net~
~
& ~
~
%
$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/(MTsgM=PF0*8X>
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$}$ }U}$
FIRST SOLAR, INC.10Q
05/02/2008"Note 17. Segment Reporting
Three Months Ended
(Dollars in thousands)
March 29, 2008
March 31, 2007
!
Three Month Period Change
Other expense~
~
~
N
~
%
$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/(ETsgM=PF0*8X>
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008"Note 17. Segment Reporting
Three Months Ended
(Dollars in thousands)
March 29, 2008
March 31, 2007
!
Three Month Period ChangeIncome tax expense~
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F3 ~
6
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Effective tax rate (%)
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008$Commodity and Component Risk
Exhibit ! Incorporated by Reference
Filed
Number
Exhibit Description
Form
Date of First Filing
File Number
Exhibit Number
Herewith
ffffff@1)Amendment No. 3 to the Facility Agreement
X
/
'dated July 27, 2006 between First Solar91Manufacturing GmbH and IKB Deutsche IndustriebankAG dated March 31, 2008
333333$@1)Employment Agreement dated March 31, 2008
X6.between First Solar, Inc. and James R. Miller.
5@0(List of Subsidiaries of First Solar Inc.
X
(\?@0(Certification of Chief Executive Officer
X6.pursuant to 15 U.S.C. Section 7241, as adopted5pursuant to Section 302 of the SarbanesOxleyAct of 2002
(\@@0(Certification of Chief Financial Officer
X6.pursuant to 15 U.S.C. Section 7241, as adopted5pursuant to Section 302 of the SarbanesOxleyAct of 2002
Dl}qe8JBkMJF
!
"
#
$
%
32.01* 0 (Certification of Chief Executive Officer
X!!/!'and Chief Financial Officer pursuant to""3"+18 U.S.C. Section 1350, as adopted pursuant$#____________________________1$)Created by Morningstar Document Research.0%(http://documentresearch.morningstar.com/nd5s=PF0*8X>
@"%%$$##
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component Risk!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008$Commodity and Component Risk
Exhibit ! Incorporated by Reference
Filed
Number
Exhibit Description
Form
Date of First Filing
File Number
Exhibit Number
Herewith
ffffff@1)Amendment No. 3 to the Facility Agreement
X
/
'dated July 27, 2006 between First Solar91Manufacturing GmbH and IKB Deutsche IndustriebankAG dated March 31, 2008 333333$@1)Employment Agreement dated March 31, 2008
X6.between First Solar, Inc. and James R. Miller. 5@0(List of Subsidiaries of First Solar Inc.
X
(\?@0(Certification of Chief Executive Officer
X6.pursuant to 15 U.S.C. Section 7241, as adopted5pursuant to Section 302 of the SarbanesOxleyAct of 2002
Q?@0(Certification of Chief Financial Officer
X6.pursuant to 15 U.S.C. Section 7241, as adopted5pursuant to Section 302 of the SarbanesOxleyAct of 2002
Dl}qe8JB/R5N
!
"
#
$
%
32.01* 0 (Certification of Chief Executive Officer
X!!/!'and Chief Financial Officer pursuant to""3"+18 U.S.C. Section 1350, as adopted pursuant$#____________________________1$)Created by Morningstar Document Research.0%(http://documentresearch.morningstar.com/nd5s=PF0*8X>
@"%%$$##
l 3
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)Landesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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3
FIRST SOLAR, INC.10Q
05/02/2008.&Landesbank Sachsen Aktiengesellschaft,~
DEFINITIONS
1
)The terms used in this Amendment have the2*meaning attributed to them in the Facility80Agreement, in so far as there is no modification
"
thereof in this Amendment.~
)!CHANGES TO THE FACILITY AGREEMENT @3+Changes . The Facility Agreement is changed1)herewith. The amended version is attachedin Annex 1. @/'Effective Date . The amended version of91the Facility Agreement is effective retroactively.&as of 31.12.2007 following the signing:2of this Amendment by all Parties to the Agreement. ffffff@1)Continuity in Other Respects . Except for6.the changes to the Facility Agreement accepted.&in this Amendment, the Agreement shall( remain in full force and effect.~
DOCUMENTSDlsg[*/=doct0 !"#$%&'()*+,./012 !!0!(The Borrower shall ensure that, no later""2"*than four (4) weeks after the date of this##0#(Amendment, the documents listed in Annex$$3$+2 shall be submitted to the Banks , whereby%%1%)the content of said documents shall be in&&5&a form and manner satisfactory to the Banks .'~
( ((GENERAL CONDITIONS)* ffffff@*5*Partial Effect . Should individual conditions++/+'of this Amendment be deemed entirely or,,2,*partially invalid or should a gap be found0(in this modification agreement, then the./$0____________________________11)Created by Morningstar Document Research.02(http://documentresearch.morningstar.com/*hZr!z/}U=PF0*8X>
@221100
l "A
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen Aktiengesell!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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"
FIRST SOLAR, INC.10Q
05/02/2008.&Landesbank Sachsen Aktiengesellschaft,.&validity of the other conditions shall 3 +not be affected. In lieu of the ineffective
2
*conditions or in order to fill the gap, an.&appropriate provision should be agreed3+to that, insofar as legally possible, comes
6
.closest to what the Parties would have desired0(or would have agreed to according to the1)meaning and purpose of the Amendment, had#they considered the matter. @2*Applicable Law . This Amendment is subject7/to the laws of the Federal Republic of Germany. 333333@0(Venue . Exclusive venue for any disputes4,arising out of or relating to this Amendmentshall be D sseldorf. @:2Requirement of Writing . Changes and Modifications2*to this Amendment must be in writing. This0(requirement of a writing also applies to
this No. 4.4.$____________________________Dlsg[t*=QPb !1 )Created by Morningstar Document Research.0!(http://documentresearch.morningstar.com/=PF0*8X>
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l 
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)Now therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }}$ }:
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl1.1./'The following definitions apply to this Facility Agreement:
4,Agreed Replacement and Expansion Investments6.are the investments for placement in expansion
5
made by the Borrower up to the maximum amount80foreseen in the Business Plan for the respective1)business year, whereby the maximum amount7/is increased by the amounts which were foreseen2*but not used for replacement and expansion0(investments in the Business Plan for the+#respective previous business years;80Supply Agreements mean the following contracts:;$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/:aB6*
@
l `
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }}$ }6
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl(a)2*all supply agreements between the Borrower and the FS GmbH ;
(b)2*all supply agreements and other agreements/'on the delivery and services related to
.
&solar modules between the Borrower and/'thirdparty customers of solar modules;and(c)2*all supply agreements and other agreements/'on the delivery and services related to5solar modules between FS GmbH and thirdparty#customers of solar modules;$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/89B6*tjw xl`8=PF0*8X>
@
l 2
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }8
2
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl/'End of the Construction Phase means the 4 ,point in time in which the Borrower achieves
0
(a nominal capacity with their production0(facility in the amount of 100 megawatts;
.
&Agent means IKB Deutsche Industriebank'Aktiengesellschaft, D sseldorf;1)Old Bank means a Bank which transfers its1)rights and obligations under the Contract2*Documents completely or partially pursuant0(to Clause 27 (Assignments and Transfers)2*of this Facility Agreement to a New Bank .2*Deficiency Guarantees means the deficiency/'guarantees from the Federal Republic of4,Germany (for 48 % of the total amount of the6.Term Loan and initially 48 % of the Revolver )1)and the State of Brandenburg (for 32 % of7/the total amount of the Term Loan and initially4,32 % of the Revolver ) in an amount totaling3+80 % of the amount of the Term Loan and the1)Revolver which, as is apparent from Annex7/6a ( Decision on the approval of the deficiencyD lB6*7RF^j}0> !"#$%&'()*+,./01 2 *guarantees plus supplements ) , are issued!!0!(for the benefit of the Banks with regard""0"(to the Facility Agreement, including the##7#/General Terms and Conditions for the Assumption$$0$(of Guarantees by the Federal Republic of%%5%Germany (the Bund) and Federal States issuing&&0&(Parallel Guarantees in the form apparent'''from Annex 6b;())3)+Banking Day means a day on which the credit**0*(institutions in D sseldorf and Frankfurt++1+)am Main are open for general business and,,,which is a TARGET Day ;.$/____________________________10)Created by Morningstar Document Research.01(http://documentresearch.morningstar.com/(Tf{*Q}qe==PF0*8X>
@1100//
l 0F
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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0
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl.&Banks means IKB Deutsche Industriebank 4 ,AG, D sseldorf, as well as any third parties
0
(joining this Facility Agreement pursuant to Clause 27 as lenders;
1
)Majority of Banks means the Banks , whose4,QuotasQuotas in each case of a made decision:2account for at least 66 2/3% of all QuotasQuotas ;2*Base Interest Rate means the base interest0(rate as defined in 247 German Civil Code+#( B rgerliches Gesetzbuch , BGB );0(Bridge Loan means the bridge loan in the3+amount of EUR 22,000,000 pursuant to Clause2.1;%Guarantors means the Federal Republic0(of Germany and the State of Brandenburg;6.Guarantee Amount : means the amount as defined2*for the respective calendar year in clause
24.6;DlB6*8SWiA5B !"#$%&'()*+,./ 0 (Business Plan means the business plan of!!5!the Borrower contained in Annex 28 ( Business""*""Plan ) to this Facility Agreement;#$$/$'Cash Flow available for Debt Service is%%.%&defined in Annex 15 (Definition of Key&&&Financial Figures);'((/('Cash Flow Waterfall means the following))0)(sequence of application of the Cash from***Operations :+,$____________________________1.)Created by Morningstar Document Research.0/(http://documentresearch.morningstar.com/$w,cE9rfZ2=PF0*8X>
@//..
l }6
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }U}$ }7
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl~
*"due tax payments of the Borrower ;
~
.
&interest payments and compensation for the Loans
~
.
&interest payments and compensation for2*all other bank financing of the Borrower ;~
%repayment of principal on the Loans ;~
0(repayment of all other bank financing ofthe Borrower ;~
,$leasing expenses of the Borrower and~
6.Agreed Replacement and Expansion Investments ;$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/>S0B6*f!och\Z=PF0*8X>
@
l L
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }6
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl/'Cash Flow from Operations is defined in 1 )Annex 15 ( Definitions of Key Financial
Figures );.&Threatening Event of Default means any
/
'circumstance or event, which would with1)the expiry of a grace period or giving of.¬ice constitute an event of default;5EBITDA is defined in Annex 15 ( Definitions3+of Key Financial Figures ) to this Facility
Agreement;$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/6WB6*XLj tF:.=PF0*8X>
@
l *5f i
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }@
*
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl5Equity is defined in Annex 15 ( Definitions 3 +of Key Financial Figures ) to this Facility
Agreement;;3Equity Ratio is defined in Annex 15 ( Definitions
3
+of Key Financial Figures ) to this Facility
Agreement;1)EPC Contractors are M W Zander FE GmbH as0(well as all suppliers who have concluded.&an equipment supply agreement with the*"Borrower relating to the Project ;1)EPC Agreements are the General Contractor.&Agreement concluded between M W Zander4,FE GmbH and the Borrower on 13 December 20050(and 5 January 2006, the two contracts on/'the delivery of technical installations4,concluded between VON ARDENNE Anlagentechnik80GmbH and the Borrower / FS LLC on 31 March 2006,1)the contract on the delivery of technical2*installations concluded between Cincinnati3+Machine LLC and the Borrower on 16 February0(2006 and the contract on the delivery ofD lB6*~PDpd;/Ha
r !"#$%&'() 1 )technical installations concluded between!!=!5NPC Corporation and the Borrower on 15 February 2006;"##5#Permitted Financial Liabilities are Financial$$$Liabilities%&$'____________________________1()Created by Morningstar Document Research.0)(http://documentresearch.morningstar.com/ZN=PF0*8X>
@))((''
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }}$ }7
'
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl (a) 0 (from or in connection with this Facility

%Agreement granted partner loans/loans.&by Sponsors pursuant to the provisions"of the Sponsor Contracts ,
(b)6.entered into with the approval of the majority)!of the banks and the Guarantors :2*Permitted Material and Capital Investmentsare(a)4,Agreed Replacement and Expansion investments(b)/'third party funded Material and Capital.&Investments (even if reporting of same6.in the balance sheet is not required) provided3+that the payment and repayment entitlements1)of said third parties are insolvency firm.&and subordinate to the entitlements of6.the Agent and of the Banks under this Facility
Agreement and(c)%Material and Capital Investments madeD lB6*bUk_D2~A !"#$%& 0 (with the approval of the majority of the!!! !banks and the Guarantors"#$$____________________________1%)Created by Morningstar Document Research.0&(http://documentresearch.morningstar.com/x`TH =PF0*8X>
@&&%%$$
l p
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }$4
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl0(duration corresponding to the respective 0 (Interest Period on the relevant Interest
+
#Fixing Date pursuant to Clause 7.7;1)Fee Letter means the fee letter concluded
3
+between the Borrower , FS GmbH , FS and the/'Agent before this Facility Agreement is
concluded;1)Financial Liabilities are all liabilities"from or in connection with$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/4B6*?3L{oG=PF0*8X>
@
l 0ѳ
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }}$ }8
0
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl(a)3+Monies made available by way of loans taken 7 /out or within the scope of repayable subsidiary
funds(b)7/an acceptance draft bank discount or guaranteed
loan,(c)5a promissory note, a debenture or a certified/'security of any other kind, including a
bond,(d)%leasing and lease purchase agreements3+and third party funded Material and Capital0(Investments (even if same do not have to*"be reported in the balance sheet),(e)1)sold or discounted receivables (including/'factoring, unless the buyer assumes thefull risk of default),(f)0(derivate transactions with the exception.&of hedging agreements and the InterestSecuring Contract ,Di lB6*a, }z(i#f !"#$%&'()*+,./ (g)  %Liabilities, guarantees, cosignature!!!2!*agreements and other potential liabilities"""."&for third party financial liabilities,#$$(h)$.$&received deposits or granted deferrals%%%3%+to pertinent legal entities if same is done&&&,&$primarily for financing purposes and'(((i)(5(potential recourse liabilities for guarantees))))%and cosignature agreements issued by****third parties.+,$____________________________1.)Created by Morningstar Document Research.0/(http://documentresearch.morningstar.com/$,N8x#=PF0*8X>
@//..
l t
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }}$ }:
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl(i)0(the amount of any share capital increase / 'made by the respective company contrary
7
/to the obligations under the Contract Documents1)shall be deducted from the share capital;
(ii)
1
)loans or other liabilities assumed by the6.respective company contrary to the obligations80under the Contract Documents are to disregarded;and
(iii)0(assets whose book value is substantially2*lower than the market value in the balance2*sheet shall be accounted for at their fair$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/8tB6*l
KZN=1%=PF0*8X>
@
l I+J
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }I
I
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl4,FS means First Solar Inc., Phoenix, Arizona;
.
&FS GmbH means First Solar GmbH, Mainz;0(FS Group means FS and its Subsidiaries ;
.&FS Holdings means First Solar Holdings.&GmbH, Mainz, a 100% subsidiary of FS ;1)FS LLC means First Solar US Manufacturing%LLC., Perrysburg, Ohio, a former 100%0(subsidiary of FS ; which was merged with5FS as the acquiring company as of 03/31/2007;/'Shareholders means FS and FS Holdings ;7/Permits means all public law permits, consents,.&licenses, authorizations and approvals3+required for the construction and operation7/of the Project , listed in Annex 12 ( Permits1)for the Construction and Operation of the0(Project ) except for the Subsidy Order ,6.the Deficiency Guarantee and the EU Decision ;DlB6*xl t'A5AR !"#$%&'()*+,./0123456789:;<=>? 0 (Total Liabilities is defined in Annex 15!!0!(( Definitions of Key Financial Figures )""#"to this Facility Agreement;#$$8$0Investment Account means the account No. 2011112%%0%(01 at the Commerzbank AG, Mainz (Routing&&1&)Code 550 400 22) to be established by the'')'!Borrower pursuant to Clause 13.2;())1))Investment Subsidies means the investment**1*)subsidies in the amount of EUR 23,756,000++1+)to be provided by the Federal Republic of,,2,*Germany for the Project in accordance with@8the Investment Subsidy Act ( Investitionszulagengesetz )..
.2005;/00/0'Investment Subsidies and Supports means1101(the investment subsidy granted and to be2252granted under the Subsidy Order in the amount3343,of EUR 21,531,000 and the investment support4434+provided and to be provided for the Project55850by the Federal Republic of Germany in accordance66E6=with the Investment Subsidy Act ( Investitionszulagengesetz )777%2005 in the amount of EUR 23,756,000;89919)IP License Agreement : is the contract to::0:(be concluded between the Borrower and FS;;5;regarding the rights of use for all licenses,<<<%patents and other industrial property==5=rights, which are necessary for the Project ;>??3?+Loans means the Term Loan , the Bridge LoanD
lh)}0EN%1>;U@ABCDEFGH@@@and the Revolver ;ABB3B+Borrower : is the First Solar ManufacturingCCCGmbH, Mainz;DE$F____________________________1G)Created by Morningstar Document Research.0H(http://documentresearch.morningstar.com/o?3'=PF0*8X>
@HHGGFF
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }>
T
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl1)Market Disruption Notice means the notice 6 .by the Agent about an event within the meaning
*
"of Clause 8 ( Market Disruption );4,Maximum Distribution Margin : is the maximum
0
(uniform distribution margin of 2%, which7/is contained in the sale prices of the products7/sold by FS GmbH to end users from US and Germanproduction;/'Maximum Commission Entitlement : is the%maximum commission entitlement of 2%,/'pertaining to FS GmbH from the Borrower&from the sale for its account;0(Excess Amount is defined in Clause 23.1;1)CET means central European time, and when,$applicable central European daylight
savings time;1)New Bank means a bank which completely or4,partially assumes the rights and obligations3+of an Old Bank under the Contract DocumentsD lB6*9>e7+eY !"#$%&'()*+,./0123456789:;<=>? / 'pursuant to Clause 27 ( Assignments and!!!Transfers );"##+##Project is defined in the Preamble;$%%0%(Project Progress Report means the report&&/&'to be prepared by the Project Appraiser''2'*pursuant to Clause 17.8 with regard to the((2(*progress of the Project , which especially))2)*contains a comparison of the costs already**4*,incurred for the Project at the time of such++4+,report to the costs for the Project foreseen,,1,)in the Business Plan and the confirmation<4that the Project has made the progress corresponding../.'to the investments as of the respective//0/(time, the Project has no delays compared0050to the Schedule and that all Permits required11*1"as of that time have been granted;2333%Project Appraiser means the technical4424*expert appointed by the Agent which at the5555time of conclusion of this Facility Agreement6606(is the firm Lahmeyer International GmbH,777Bad Vilbel;899.9&Project Account is the project account::3:+no. 2011112 00 at the Commerzbank AG, Mainz;;3;+(Routing Code 550 400 22) to be established<</<'by the Borrower pursuant to Clause 13.1==#=of this Facility Agreement;>??1?)Project Account FS GmbH is the account toD
ly2&AU`x2&>mE@ABCDEFGHIJKLMNOPQRS@@2@*be set up by FS GmbH pursuant to the draftAA.A&Security Contract attached herewith asBB1B)Annex 18a (Contract on the Pledging of anCC2C*Account) under account no. 2009330 00 withDD/D'Commerzbank AG, Mainz (Routing Code 550EEE400 22);FGGG%Project Contracts means the contractsHH4H,listed in Annex 5 ( Project Contracts ) toII Ithis Facility Agreement;JKK;K3PwC means PricewaterhouseCoopers AktiengesellschaftLL:L2Wirtschaftspr fungsgesellschaft, LiseMeitnerStr.MM1M)1, 10589 Berlin having the mandate to actNN6N.for the Guarantors in case of such guarantees;OP$Q____________________________1R)Created by Morningstar Document Research.0S(http://documentresearch.morningstar.com/,hVJuio=PF0*8X>
@SSRRQQ
l $9:
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }7
$
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl2*Quota means the portion attributed to each 2 *Bank of the obligation to provide the Loan
4
,or the amount, which is provided. The Quotas4,as of the signing of this Facility Agreement,$are set forth in Annex 1 ( Quotas );
/'Reference Banks means the Deutsche Bank/'AG, the Commerzbank AG and the DresdnerBank AG;/'Reference Interest Rate means EURIBOR ;3+Revolver means the loan for working capital0(facility in the amount of EUR 27,000,000/'pursuant to Clause 2.1 of this Facility
Agreement;.&Fixed Assets and Capital Investments :1)are additions to fixed assets, which have2*to be reported in the balance sheet or its6.appendix pursuant to the accounting principles2*applicable to the Borrower ; in particular%additions from or in connection with:D lB6*2CuiUId !"# $!____________________________1")Created by Morningstar Document Research.0#(http://documentresearch.morningstar.com/<=PF0*8X>
@##""!!
l "3ST
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }}$ }6
"
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl(a)0(concessions, commercial licensing rights 0 (and similar rights and values as well as
+
#licenses to such rights and values;(b) goodwill;
(c)/'land parcels, rights equivalent to land1)rights and buildings, including buildings2*erected on third party owned land parcels;(d)/'technical equipment and machines, other5equipment, production and business equipment;(e)4,stakes in and loans to affiliated companies;(f)investments;(g)/'loans to companies of which the Companyis a stakeholder;(h)/'fixed asset securities and other loans;$____________________________DlB6*kjQ}>21% !1 )Created by Morningstar Document Research.0!(http://documentresearch.morningstar.com/=PF0*8X>
@!!
l [l
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }7
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl.&Debt Service Coverage Level is defined 4 ,in Annex 15 ( Definitions of Key Financial
Figures );/'Debt Service Reserve means an amount of
EUR 3,000,000;/'Debt Service Reserve Investment Account3+is the account to be set up by the Borrower1)pursuant to Clause 13.4 under account no.6.2011112 12 with Commerzbank AG, Mainz (RoutingCode 550 400 22);3+Debt Service Reserve Account is the account3+no. 2011112 04 at the Commerzbank AG, Mainz3+(Routing Code 550 400 22) to be established6.in accordance with Clause 13.4 by the Borrower3+and also refers to the Debt Service ReserveInvestment Account ;$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/DlB6*VJv'SGZuiA=PF0*8X>
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }=
O
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl4,Service and Supply Contract 5N is the German 0 (Supply and Service Agreement between the
1
)Borrower , FS and 5N PV Gesellschaft fuer0(photovoltaische Produkte mbH and 5N PlusInc. dated 3/30/2007;
%Security means the security interests3+and other forms of security listed in Annex6.13 ( Security ) as well as all future security4,agreed between the Banks and the Borrowers ;7/Security Agent means IKB Deutsche IndustriebankAG;2*Security Agreements means all declarations6.to be issued and all contracts to be concluded)!in connection with the Security ;)!Sponsors means the Shareholders ;/'Sponsors Agreements means the Sponsor s7/Agreement FS Holdings , the Sponsor s Agreement2*USA I and the Sponsor s Agreement USA II ;DlB6*5[j^8K !"#$%&'()*+,./0123456789:;<=>? 3 +Term Loan means the term loan in the amount!!1!)of EUR 53,044,000 pursuant to Clause 2.1;"##1#)TARGET means the TransEuropean Automated$$3$+Realtime Gross Settlement Express Transfer%%%payment system;&''2'*TARGET Day is every day on which TARGET is((,($open for the processing of payments;)**3*+Subsidiary is any company which is directly++/+'or indirectly controlled by a person or,,1,)with regard to which a person directly or5indirectly holds more than 50 % of the voting..3.+rights or comparable rights, and to control////'for this purpose means the authority to0000(instruct the management and to determine11.1&the guidelines for business policy or,2212)in the case of a German stock company, to3303(determine the members of the supervisory44/4'board appointed by the shareholders, be5535+it as the holder of voting rights or on the66)6!basis of a contract or otherwise;78808(Surplus Cash Flow is defined in Annex 1599.9&( Financial Figures ) to this Facility:::
Agreement;;<<1<)Transfer means the transfer of rights and==1=)obligations under this Facility Agreement>> >pursuant to Clause 27.3;?DC
ldX}/AT s&@Y+@ABCDEFGHIJKLMN@@0@(Affiliated Enterprises means enterprisesAA;A3in which FS has a direct or indirect participation;BCC0C(Royalty Payments means any payments madeDD3D+by the Borrower pursuant to Clause 19.1.35.EFF1F)Sponsor s Agreement FS Holdings means theGG3G+Agreement between FS Holdings , the Agent ,HH4H,the Borrower , and FS GmbH pursuant to AnnexII0I(9a ( Sponsor s Agreement FS Holdings );JK$L____________________________1M)Created by Morningstar Document Research.0N(http://documentresearch.morningstar.com/"c]Q]rfZ2=PF0*8X>
@NNMMLL
l T:Km
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }:
T
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl5Sponsor s Agreement USA I means the Agreement 1 )between FS , FS Holdings , the Borrower ,
6
.and the Agent pursuant to Annex 9b (Sponsor sAgreement USA);
6
.Sponsor s Agreement USA II means the Agreement1)between FS , the Borrower , and the Agent2*pursuant to Annex 9c (Sponsor s Agreement2*USA pertaining to the Recourse FinanancingInsurance);7/Debt Level is defined in Annex 15 ( Financial%Figures ) to this Facility Agreement;.&Insurance Policies means the insurance1)policies listed in Annex 11 ( InsurancePolicies );5Insurance Consultant is Marsh GmbH, Frankfurt)!am Main, appointed by the Agent ;4,Insurance Account is the account no. 20111120(03 at the Commerzbank AG, Mainz (Routing80Code 550 400 22) to be established in accordanceD lB6*.Py&:i]
!"#$%&'()*+,./0123456789:;<=>? * "with Clause 13.4 by the Borrower ;!""."&Contract Documents means this Facility##2#*Agreement, the Fee Letter and the Security$$2$*Agreements ; each including all respective%%0%(supplements, modifications and additions&&.&&made between the respective parties to''/''the Facility Agreement and the Security((5(Contracts at this time and to be made between))2)*them in the future to the extent only that**1*)same are expressly defined as such by the++ +Agent and the Borrower ;,1)Material Adverse Change is the occurrence..0.(of an event which has a material adverse///%influence on the business operations,0010)the financial situation or the commercial1111)relationships of the Borrower , FS GmbH ,2202(FS Holdings , or FS and which results in33830the Borrower , FS GmbH , FS Holdings , no longer44/4'being able to comply with its financial55/5'or other obligations under the Contract6616)Documents or which endangers or precludes777their performance;8999%Accountants means the accounting firm::0:(PwC Deutsche Revision Aktiengesellschaft;;0;(Wirtschaftspr fungsgesellschaft retained<<<%by the Borrower or another accountant==7=/appointed by the Borrower which is satisfactory>>>to the Agent ;?D
ld2Hf7L~r)H@ABCDEFGHIJKLMNOPQRS@@/@'Schedule means the schedule relating toAA6A.the Project under Annex 8 ( Schedule ) whichBB1B)is provided by the Borrower and confirmedCC2C*by the Project Appraiser , as amended fromDD4D,time to time with the consent of the ProjectEE3E+Appraiser and the Agent in the actual form;FGG3G+Drawdown means a drawdown of a payout underHHHone of the Loans ;IJJ7J/Drawdown Request means a request for a DrawdownKK.K&under this Agreement pursuant to AnnexLL L3 ( Drawdown Request );MNN,N$Drawdown Period means with regard toOP$Q____________________________1R)Created by Morningstar Document Research.0S(http://documentresearch.morningstar.com/,cx)9_SG=PF0*8X>
@SSRRQQ
l 7
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }U}$ }>
7
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl1)Drawdown Date is a date on which a payout 7 /is supposed to be made under one of the Loans ;
4,Interest Determination Notice is the written1)notice of the Borrower about the duration
of an Interest Period .1)Interest Determination Date is the second2*Banking Day prior to the beginning of eachIinterest Period ;3+Interest Hedging Agreement is the framework1)contract for finance future transactions,0(to be concluded by the Borrower with the.&IKB Financial Products Soci t Anonyme,/'Luxemburg wherein the risk of change in.&interest rate is secured including all4,assets and all individual accounts hereunder2*for at least 75 % of the outstanding under<4the Term Loan up to its duration under consideration0(of redemption terms based o the BusinessPlan .<4Subsidy Order is the order from the InvestitionsbankDf lB6*~r"Ab4L~ !"#$%&'()*+,./0123456 / 'of the State of Brandenburg dated about!!/!'the Investment Subsidies and Supports ,""1")as well as all related orders on supports##5#and subsidies for the benefit of the Borrower$$%$which are still to be issued.%& 333333?&4&,The use of quotation marks for certain terms''2'*and their derivatives serve as a reference((0((to the definitions in Clause 1.1 of this))/)'Facility Agreement. If the same term is**2**used without quotations marks, the general++3++meaning resulting from the context applies.,0(The singular form of a word includes the..0.(plural, and the plural form includes the/// singular.0~
1
1
1Loans23$4____________________________15)Created by Morningstar Document Research.06(http://documentresearch.morningstar.com/2j)DO_=PF0*8X>
@665544
l
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }U}$ }>
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl2*The Banks grant the Borrower in accordance & with their respective Quotas :
@3+a term loan in the amount of EUR 53,044,0005(the Term Loan ), a bridge loan in the amount
1
)of EUR 22,000,000 (the Bridge Loan ), and3+a working capital loan in the amount of EUR#27,000,000 (the Revolver ). @<4The payout amount of the Loans is 100% respectively.2.3.80FS GmbH and FS Holding are jointly and severally4,liable with the Borrower for all obligations6.of the Borrower under this Facility Agreement.$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/:4B6*@3yQ=PF0*8X>
@
l W!
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }U}$ }y<
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FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl 333333@0(The liability of FS GmbH for liabilities 4 ,of the Borrower under the Contract Documents
/
'and the right to foreclose the Security3+provided by FS GmbH shall be limited to the2*respective amount of the Freely Disposable
7
/Net Assets existing at the time of such paymentor enforcement./'The restriction of the liability in the%aforementioned Paragraph 1 shall only0(apply if FS GmbH objects to the recourse7/or the foreclosure of a Security on the grounds5of the restricted liability within 15 Banking7/Days after the Agent has announced the recourse/'or the foreclosure and within 3 Banking4,Days after the successful appeal, the amount1)of the Freely Disposable Net Assets shall/'be determined by an independent auditor'with the consent of the Agent .~
Purpose of the Loans @1)The Term Loan is exclusively designed for1)the partial financing of the fixed assetsD lB6*1An"~+Coc !"#$%&'()*+,./0123456789:;<=>? : 2for the Project in accordance with the description!!6!.in the overview Source of Funds / Use of Funds""8"0in Annex 2 ( Source of Funds / Use of Funds ).#$ @$1$)The Bridge Loan serves to prefinance the%%%Investment Supports .&' ffffff
@'0'(The Revolver serves the financing of the((3(+necessary operating funds for the Project .)~
* **Quotas of the Banks+, ffffff@,.,&Each Bank undertakes to participate in.&each Drawdown under the Loans pursuant../.'to this Facility Agreement in an amount///%corresponding to its respective Quota0040,on the respective Drawdown Date and to place1151the amount allocated to it at the disposition222of the Agent .34 @404(Each Bank is liable to the Borrower only5555with its Quota for compliance of the totality66/6'of the obligations imposed on the Banks7767.under this Facility Agreement. Joint liability888is excluded.9: 333333@:2:*To the extent that a Bank does not fulfill;;6;.its obligations under this Facility Agreement,<</<'this does not relieve the other parties==1=)from the performance of their obligations>>&>under this Facility Agreement.?D'
lXl`zn@mas!?@ABCDEFGHIJKLMNOPQRSTUV@ @@.@&The Banks are individual creditors andAA/A'not joint creditors under this FacilityBBB
Agreement.CD @D3D+Except in the case of a corresponding orderEE4E,by the Majority of Banks or unless expresslyFF/F'regulated in this Agreement, the rightsGG2G*of the Banks will exclusively be exercisedHH1H)by the Agent as the representative of theIIIBanks .J~
K KK DrawdownsLM ffffff@M1M)The Borrower can request a Drawdown underNN.N&one of the Loans within the respectiveOO/O'Drawdown Period with a Drawdown RequestPP5Pin the form set forth in Annex 3 ( DrawdownQQ+Q#Request ). The correctly filled outRS$T____________________________1U)Created by Morningstar Document Research.0V(http://documentresearch.morningstar.com/2e7+;ui:.Fn=PF0*8X>
@VVUUTT
l m8
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }U}$ }8
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl2*Drawdowns will be made in a maximum amount 0 (of 56.72 % of the respective net invoice
5
amount, which is in excess of EUR 22,000,000.1)Drawdowns under the Term Loan are made in
0
(amounts of at least EUR 3,000,000 exceptfor the last Drawdown .5There will be a maximum of twelve Drawdowns . @0(Drawdowns under the Bridge Loan are only7/permissible if in addition to the preconditions7/set forth in Annex 4a ( General Preconditions2*for Drawdown ) and in Annex 4b ( Special*"Preconditions for each Drawdown ):$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/<{B6*3'SGE^RF=PF0*8X>
@
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }U}$ }8
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl5Drawdowns are made in the amount of a maximum . &of 20.5% of the respective net invoice
amount. @/'A maximum of two Drawdowns per calendar
4
,month will be made in the amount of at leastEUR 500,000. ffffff@0(Unless agreed otherwise, all payouts are)!made to the Project Account FSM . @7/As soon as all preconditions for the respective0(Drawdown under one of the Loans exist to1)the satisfaction of the Agent , the Agentwill confirm this$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/<4B6*XL{os'e=PF0*8X>
@
l Rh=t>z
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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R
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl~
( Termination and Loss of the Loan
ffffff@
1
)The Borrower is entitled to terminate the0(Loans to the extent these Loans have not0(been used in Drawdowns in amounts of EUR
.
&2,000,000 by advance written notice of:2five Banking Days if the Borrower has demonstrated1)to the satisfaction of the Agent that the80total financing of the Project is not endangeredby the termination. @5In the case of termination of the Term Loan ,5the last due scheduled repayment installments1)shall be prorated, taking the terminatedamount into account .4,The Bridge Loan and the Revolver are reduced5upon termination by the respective terminatedamount. 333333@7/The amounts of the Loans not used by expiration0(of the respective Drawdown Periods lapse5at that time. Figure 6.2 applies accordingly.D7 lB6*yAi]h/#WK !"#$%&'()*+,./0123456789:;<=>?~
Interest!" ffffff@"5"The interest rate for the respective interest##.#&period is calculated for each Drawdown$$3$+as a sum of the Reference Interest Rate and%%.%&the respective margin applicable under&&7&/Clause 7.6. The Agent shall notify the Borrower''2'*and the Banks of the interest rate for the((.(&pertinent interest period and its term))5)two bank business days prior to the beginning***of an interest period.+, @,2,*The interest periods for the Term Loan and/'the Bridge Loan are, at the election of..0.(Borrower three or six months and for the//0/(Revolver , one, three or six months. The00.0&election for the first interest period1121*for a Drawdown under a Loan is made in the2232+Drawdown Request . The Borrower will inform3343,the Agent about the duration of the interest4464.period the Borrower desires for the subsequent5515)interest periods of the relevant Drawdown6646,by no later than 11:00 a.m. CET five Banking7707(Days prior to the Interest Determination8818)Date by using the form set forth in Annex99.9&14 ( Interest Determination Notice ).:;;1;)If the Borrower does not make an election<<3<+in the Drawdown Request or by the scheduled==4=,date five Banking Days prior to the Interest>>0>(Determination Date , the interest period??)?!has the duration of three months.D?lo%9P
k;Jaq"@ABCDEFGHIJKLMNOPQ@A 333333@A/A'The first interest period of a DrawdownBB2B*under a Loan begins with the Drawdown DateCC1C)and ends upon expiration of one, three orDD5Dsix months, depending on the elected durationEE8E0of the interest period, on the day correspondingFF6F.in its number to the Drawdown Date . The firstGG4G,interest period for each additional DrawdownHH2H*under the Loan begins with the last day ofII0I(the previous interest period and ends onJJ/J'the last day of the duration determinedKK/K'or agreed for it. Each further InterestLLLPeriod for a DrawdownMN$O____________________________1P)Created by Morningstar Document Research.0Q(http://documentresearch.morningstar.com/(TUcs'XL@=PF0*8X>
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl @3+If the last day of an interest period falls 1 )on a day, which is not a Banking Day, the
/
'interest period is extended to the next0(Banking Day unless this day falls in the7/next calendar month. In this case, the interest
0
(period ends on the immediately preceding
Banking Day . @0(If more than one interest period under a0(respective Loan end on the same day, the.&relevant Drawdowns will be combined on3+the relevant day and will be treated in the%future as a single Drawdown . ffffff@4,The respective margin for the total duration6.of the Term Loan is 1.6 % p.a., for the Bridge5Loan 2 % p.a. and for the Revolver 1.8 % p.a. @5If the Agent can only determine the Reference/'Interest Rate for an interest period on6.the basis of quotes from the Reference Banks ,.&the applicable Reference Interest Rate0(for this interest period is the interest5rate calculated by the Agent (if appropriate,D lB6*1F k!/)B !"#$%&'()*+,./0123456789:;<=>? 0 (rounded up to the next full sixteenth of!!/!'a percentage point) from the arithmetic""2"*mean of the interest rates which have been##;#3notified to the Agent on the Interest Determination$$=$5Date by at least two Reference Banks at approximately%%%11:00 a.m. CET.&' 333333@'3'+The interest will be accrued and is due for((3(+payment at the end of each interest period.))2)*The Agent will inform the Borrower and the**7*/Banks about the amount of the interest payments++1+)which are due in a timely manner prior to,,+,#expiration of each interest period.. @.5.To the extent that payments are made on dates//1/)other than the end of an interest period,00.0&the Borrower must compensate the Banks1101(for all damages resulting from the early222
repayment.34424*A loss of margin is not being compensated.5~
6 "66Market Disruption78828*If one of the following events occurs, the99.9&Agent will inform the Borrower and the::5:Banks about this without undue delay ( Market;;;Disruption Notice ):<=$>____________________________1?)Created by Morningstar Document Research.D lik8,:SGY
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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V
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl0(Upon receipt of such a Market Disruption / 'Notice the respective Drawdown shall be
2
*paid out if the Borrower does not instruct2*otherwise; the Agent and the Borrower will/'negotiate in good faith within a period
2
*of 10 days about an alternative method for3+determining the interest for the Drawdown .2*Such an alternative method can contemplate0(both another interest period and another0(reference interest rate. If no agreement80is reached prior to expiration of this deadline,3+the interest rate for the relevant Drawdown2*for each Bank is the sum of the respective:2margin under Clause 7.6 and the annual refinancing/'costs for the relevant Bank with regard3+to its participation in the Drawdown . Each6.Bank will inform the Agent about this interest4,rate as quickly as possible and in any event1)prior to the end of the relevant interestperiod.~
&Default Interest 333333"@2*If the Borrower does not fulfill a paymentD
lB6*9Riz,? 0 (obligation under this Facility Agreement!!4!,when due, the Borrower owes default interest""3"+from the due date until the date of payment##3#+in an amount of the Base Interest Rate plus$$6$.5 % p.a. or, if it is an interest payment with%%4%,which the Borrower is in default, liquidated&&.&&damages in the corresponding amount. A''!'reminder is not required.() ffffff"@)1))The amount of the default interest or the**/*'damages will be determined by the Agent++0+(and will be notified to the Borrower and,,,the Banks .. "@.0.(The Banks retain the right to prove that//./&they have suffered higher damages, and0060.in the case of liquidated damages the Borrower1111)retains the right to prove lower damages.2~
3 *33 Repayment45 333333$@525*The Term Loan is to be repaid quarterly in6626*arrears on 31.03, 30.06, 30.09. and 31.12.77870of each year in 20 equal repayment installments;8838+the first installment is due on 31.03.2008,9969.and the last installment is due on 31.12.2012.:;;0;(The amount of the respective installment<<4<,shall be equivalent to the amount stipulated==/='in the repayment plan provided in Annex>>4>,30 ( Repayment Plan ). In the event that any??/?'changes to the installments should haveD
ldt$>xl~1%HSG`@ABCDEFGHIJKLMNOPQRSTU@@1@)to be made, in particular because (i) theAAA%Borrower enforces the rights pursuantBB5Bto Clause 6.1, the amount of the installmentsCC2C*shall be recalculated based on the balanceDDDof the loan.EFF8F0The amount of said newly calculated installmentsGGG%shall be communicated to the BorrowerHH2H*and the Banks for their information by theII3I+Agent in writing in the form of an adjustedJJ3J+Repayment Plan in due time prior to the dueKK%Kdate of the next installment.LM ffffff$@M5MThe Bridge Loan is to be repaid in the amountNN/N'of the respectively paid out InvestmentOO<O4Subsidies , but no later than in full on 31.12.2008.PPPThe amountsQR$S____________________________1T)Created by Morningstar Document Research.0U(http://documentresearch.morningstar.com/0j;UbxP=PF0*8X>
@UUTTSS
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl $@5The final due date for the Revolving Facility is on 31.12.2012.
~
.Voluntary Repayment
333333&@
2
*The Term Loan and the Bridge Loan can each4,be voluntarily repaid in advance in a single1)sum or in partial amounts of at least EUR3+2,000,000 at the end of any interest period7/upon giving at least 5 Banking Days irrevocablewritten advance notice.2*The voluntary repayment of the Bridge Loan4,is only permissible after complete repaymentof the Term Loan . ffffff&@7/The Borrower is obliged (1) to make a mandatory1)special repayment of the Term Loan at the0(end of the current interest period under6.the Term Loan and (2) after complete repayment6.of the Term Loan , to make a mandatory special3+repayment of the Revolver at the end of the2*current interest period under the Revolver/'and (3) after complete repayment of theDw lB6*MAPsg.C !"#$%&' 8 0Revolver , to make a mandatory special repayment!!4!,of the Bridge Loan at the end of the current"""%interest period under the Bridge Loan#$$%____________________________1&)Created by Morningstar Document Research.0'(http://documentresearch.morningstar.com/6\=PF0*8X>
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l .
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U } }$ }U5
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl &@2*In the case of early repayment of the Term 0 (Loan , the respective last due scheduled

%repayment installment will be reduced'by the specially repaid amount.
4
,The Bridge Loan and the Revolver are reduced1)by the respective specially repaid amountupon early repayment.~
2
New Drawdowns2*Amounts repaid under the Term Loan and the/'Bridge Loan cannot again be drawn down./'Each Drawdown under the Revolver can be0(completely or partially repaid as of the.&end of the respective interest period,whereby both the$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/B
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl~
6Accounts
333333*@
1
)The Borrower is required to establish the6.following accounts prior to the first Drawdown2*under the Loans , which accounts are to be
0
(maintained exclusively without overdraft1)capacity and are to be pledged with first5ranking to the Security Agent and with regard/'to which the respective banks where the1)accounts are maintained have waived their/'pledge rights under their general termsand conditions: 333333*@Project Account :1)All payments of the Agent to the Borrower3+under the Loans will be made to the Project Account .1)Payments of the Borrower from the Project3+Account can only be made in accordance with0(the purpose of the respective Loans . In2*the case of a Threatening Event of Default6.under Clause 20, the Borrower is only entitledD? lB6*?Xo$Q !"#$%&'()*+,./0123456789:;<=>? 1 )to make payments from the Project Account!!5!with the prior written consent of the Agent ."# ffffff*@##Investment Account$%%/%'The Investment Account will be credited&&5&with payments under the Investment Supports .''/''The Borrower undertakes to instruct the((/('appropriate tax office to make payments))0)(for the Project on an annual basis under**.*&the Investment Supports exclusively to++3++the Investment Account ; or, if and as long,,/,'as these payments cannot be made to the5Investment Account for any technical reasons,../.'to make same exclusively to the Project//5/Account . The Borrower undertakes to transfer0010)payments for the Project under Investment1121*Supports within 5 bank business days after2202(receipt to the Project Account or to the333Investment Account .45525*The Borrower can only use the funds in the66/6'Investment Account for the repayment of77/7'the Bridge Loan . Any other disposition88!8of the funds is excluded.9::2:*The Borrower hereby irrevocably authorizes;;/;'the Agent to collect all of the amounts<<0<(credited to the Investment Account as of==/='the end of an interest period following>>/>'the credit for repayment of the amounts??2?*paid out under the Bridge Loan . The AgentD
lbVr'F[r$Fsg7@ABCDEF@@9@1is hereby expressly released from the applicationAAAof 181 BGB.BC$D____________________________1E)Created by Morningstar Document Research.0F(http://documentresearch.morningstar.com/xpd<=PF0*8X>
@FFEEDD
l >9
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U } }$ }6
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl *@Insurance Account
5
The Borrower will make sure that all payments1)in connection with the Insurance Policies/'are credited to the Insurance Account .
5The Borrower shall use funds in the InsuranceAccount only$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/.B6*9aUI!=PF0*8X>
@
l "SS
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }}$ }8
"
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl(a)7/for a replacement acquisition or reconstruction / 'of the assets affected by the insurance
4
,event if the Borrower proves the replacement.&acquisition to the satisfaction of the1)Agent within 180 days after the payout of
/
'the insurance amount, whereby a copy of&the order is sufficient proof;(b)3+if payments under the business interruption4,insurance are involved, to cover the ongoing2*costs of operations if the Borrower proves/'the operating costs to the satisfaction5of the Agent within 180 days after the payout$of the insurance amount; and(c)0(if payments under the business liability4,insurance are involved, for the satisfaction.&of claims for damages under imperativeprovision of law.7/Any other disposition of the funds is excluded.$____________________________D lB6*e ZK>.;/ !1 )Created by Morningstar Document Research.0!(http://documentresearch.morningstar.com/=PF0*8X>
@!!
l 1Dmr
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U } }$ }:
1
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl *@$Debt Service Reserve Account
4
,Before drawdown of any of the Loans Borrower3+is required to pay the Debt Service Reserve/'from the first Drawdown under the Loans
/
'into the Debt Service Reserve Account .5The Borrower shall have the right to transfer4,the Debt Service Reserve to the Debt Service%Investment Account as a time deposit.6.To the extent that a part or the entire amount1)of the Debt Service Reserve has been used1)to repay an amount due in connection with5the Loans , the Borrower is required to again/'restock the Debt Service Reserve on theAgent s first demand./'The Debt Service Reserve remains in the.&Debt Service Reserve Account until all3+claims of the Banks under and in connection80with the Facility Agreement have been fulfilled.5The Borrower can only dispose of the interest4,credited to the Debt Service Reserve AccountD lB6*FOd? !"#$%&'()*+,./0 1 )pursuant to a separate interest agreement!!4!,between the Borrower and the account holding""3"+bank, but not of the Debt Service Reserve .#$$0$(If the Borrower does not comply with its%%.%&payment obligations under the Facility&&2&*Agreement, the Borrower hereby irrevocably''.'&authorizes the Agent to apply the Debt((1()Service Reserve to settle due obligations))0)(under Clause 14.4. The Agent is released**3*+from the restrictions of Section 181 German+++Civil Code.,$.____________________________1/)Created by Morningstar Document Research.00(http://documentresearch.morningstar.com/&:@cr$A=PF0*8X>
@00//..
l 64
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }U}$ }mB
6
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl~
:.&Payments of the Borrower and the Banks
333333,@
2
*All payments of the Borrower and the Banks1)to the Agent under the Contract Documents80are to be rendered to account number 2013535410,
?
7routing number 30010400, IBAN: DE 91300104002013535410,;3a general account of the Borrower to be established80for this purpose with IKB Deutsche Industriebank4,AG, over which the Borrower has no authorityto make dispositions. ffffff,@1)All payments of the Borrower to the Agent0(under the Contract Documents are due for4,payment in EUR on the due date by 10:00 a.m.6.CET. If payments under this Facility Agreement3+or the Contract Documents fall due on a day4,which is not a Banking Day , the due date is4,extended to the next Banking Day in the same2*calendar month, or if the next Banking Day1)falls in the next calendar month, the due1)date is the immediately preceding Banking
Day . ,@4,Each payment made by the Borrower or a thirdD lB6*r%v{B6GVk !"#$%&'()*+,./012345 / 'party make to the Agent for obligations!!4!,of the Borrower under the Facility Agreement""5"or the Contract Documents will be distributed##5#by the Agent to the Banks without undue delay$$6$.corresponding to their Quotas . If a repayment%%8%0is the result of the termination of the Facility&&1&)Agreement in relation to a specific Banks''9'1pursuant to Clause 15.3 the Agent will distribute((#(the payment to such Banks .)* ,@*5*If a payment of the Borrower or a third party++2+*for the obligations of the Borrower is not,,,%sufficient to satisfy all obligations6.of the Borrower towards the Banks upon receipt../.'of the payment, the Agent is authorized//:/2to credit the received payments to the obligations0020*of the Borrower in the following sequence:12$3____________________________14)Created by Morningstar Document Research.05(http://documentresearch.morningstar.com/0`eq{<0BO=PF0*8X>
@554433
l
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }I;
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl91first, to the outstanding costs and disbursements of the Agent ,
( second, to any outstanding fees,
#
third, to default interest, fourth, to due interest,+#fifth, to due amounts of principal,)!sixth, to all other due payments.$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/6B6*s#xl
=PF0*8X>
@
l
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }}$ }y<
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl(a):2an increase of the costs of a Bank for maintaining 5 its obligations assumed under this Agreement,
(b)80an increase of the costs of a Bank of providing,5complying with or financing its participation
6
.in a Drawdown or the maintenance of its creditpromise, or(c)2*a decrease in any amount or interest which5the relevant Bank has received or is supposed3+to receive under or in connection with thisFacility Agreement,$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/6
B6*\P21{S=PF0*8X>
@
l ;1
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U } }$ }I;
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FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl/'the relevant Bank is entitled to demand 6 .payment of an amount equal to these additional
2
*costs or the reduction from the Borrower .2*A Bank which intends to demand the amounts3+mentioned under (a) through (c) must inform
,
$the Borrower accordingly through the5Agent . This notice must state the determined80amount of the additional costs or the reduction,6.the time at which these costs or the reduction0(was fist incurred, as well as the reason3+for it. The Banks are, however, not obliged91to provide statements, which contain confidential,$information about their organization.&or internal business, affairs or which.&would permit corresponding conclusions1)to be drawn. The payment of the amount of0(the additional costs or the reduction is0(due 15 Banking Days after receipt of the notice at the Borrower . ffffff.@3+The obligation to compensate costs pursuant91to Clause 15.1 (a) or (b) above or the obligation0(to pay the difference amount pursuant to1)Clause 15.1 (c) above shall not exist, ifDe
lB6*3NWg>j^ !"#$%&'()*+,./0123456789: 6 .the respective request or order of the banking!!.!&supervisory authority is directed only""5"against an individual Bank and is not related##2#*to the Project or a person involved in the$$$ Project .%& .@&4&,In case that the Borrower is obliged to make''1')a payment pursuant to Clause 15.1 (a) and((/('(b) or payment of the difference amount))4),pursuant to Clause 15. 1 (c) above, it shall**7*/be entitled to terminate the Facility Agreement++5+regarding such Banks , which ask for payments,,3,+pursuant to Clause 15.1. The Borrower shall0(then be obliged to repay the outstanding..2.*Loans as far as they relate for the Quotas//2/*of such Banks at the end of the respective0060.Interest Period or, together with a prepayment1121*indemnity ( Vorf lligkeitsentsch digung ),22/2'during the respective Interest Period .3333+The calculation of the prepayment indemnity44/4'shall be done in accordance with actual555binding judgments.67$8____________________________19)Created by Morningstar Document Research.0:(http://documentresearch.morningstar.com/:
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@::9988
l US
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U } }$ }D
U
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl .@2*The Borrower must make all payments to the 0 (Banks without deductions or withholdings
2
*for taxes, levies, fees or similar burdens7/to the extent that the Borrower is not required80by law to make the deduction or the withholding.
2*If the Borrower is required by law to make1)deductions or withholdings of tax, levies0(or fees, it must increase the amounts to0(be paid so that the net amount remaining.&after the deduction or the withholding1)corresponds to the amount which the Banks4,would receive upon payment of the originally5owed amount without deduction or withholding.91If a Bank receives at a later stage a tax credit,6.a tax refund or a tax reduction, which results:2from a payment, which has to be made in accordance1)which Clause 2 above, the Bank has to pay7/(if is able to pay notwithstanding the received1)payment) to the Borrower an amount in its6.own fair judgment. However, if the tax credit,2*the tax refund or the tax reduction is not80related to a payment made by a Borrower pursuantDX
lB6*~0}/Jc_ i !"#$%&'()*+,./0123456789:;<=>? 1 )to subclause 2 above or the total amount!!/!'does not correspond, (a) the respective""9"1Bank is permitted to decide in its own discretion##/#'about the reasonable level of amount to$$5$be paid to the Borrower and the point of time%%2%*of such payment, (b) the Bank shall decide&&3&+in its own fair judgment about the use, the''1')application or the regulation of such tax((8(0refunds or tax privileges and (c) the respective))6).Bank is not obliged to release any information**5*regarding its own tax issues or calculations.+,,:,2If a Bank which has paid an amount to the Borrower/'according to Paragraph 3 notifies, that..0.(the payment or privilege relating to the//4/,payment was incorrect or has been withdrawn,0010)the Borrower has to refund such an amount1121*to the Bank after request, which is in the2232+Bank s own fair judgment necessary to bring3303(the Bank in the same situation as if the4404(Bank would have been able to receive the55 5refund or the privilege.6
715.5.717)Each Bank shall represent to the Borrower8858after its request a letter largely equivalent99A99to the form of Rundschreiben des Bundesfinanzministeriums::4:,vom 20.Oktonber 2005 (Circular of the German;;2;*Ministry of Finance) dated 20 October 2005<<)<!(IV B 7 S2742a 43/05) to 8a KStG.=~
> B>&>Representations and Warranties?D<lhw)94Mc13@ABCDEFGHIJKLMNOPQRST@ 0@@0@(The Borrower represents to the Agent andAA4A,the Banks on the date on which this FacilityBB.B&Agreement is signed that the followingCCCstatements are correct:DE16.1.1E2E*The Borrower is a duly established companyFF0F(with limited liability under German law.GG1G)The Borrower has the authority to conductHH1H)and continue its present business withoutII/I'restrictions and to own and possess itsJJJcurrent assets.KL16.1.2L4L,The Borrower is entitled to validly concludeMM5Mthe Contract Documents as well as the ProjectNN1N)Agreements , to exercise its rights underOOOthese contractsPQ$R____________________________1S)Created by Morningstar Document Research.0T(http://documentresearch.morningstar.com/.k^yH b=PF0*8X>
@TTSSRR
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }I }$ }:
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FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl16.1.3/'All Permits as well as all applications 7 /or other actions relating to public authorities
0
(which the Borrower is required to obtain0(or carry out according at the respective2*time, based on the status of the Project ,
0
(have been obtained or carried out by the1)Borrower and have been granted by a final5order and have not been withdrawn or revoked.16.1.40(The presented and to be presented annual%and quarterly financial statements to/'the Banks pursuant to the provisions of%this Facility Agreement were prepared/'in accordance with applicable statutory3+provisions and present a true and fair view.&of the assets, the financial situation3+and the earnings position of the Borrower ,/'and there have been no Material Adverse3+Effects at the Borrower since the time such0(financial statements have been prepared.16.1.580There is no event of default under this Facility%Agreement and no Threatening Event of Default .D
lB6*z.HLo$? !16.1.6!1!)There are not proceedings before a court,""1")an arbitral tribunal or an administrative##/#'authority pending or threatened against$$1$)or initiated by the Borrower which in the%%1%)aggregate exceed an amount in controversy&&&of EUR 2,000,000.'(16.1.7(8(0The Borrower conducts its business in accordance)))%with all applicable legal provisions,**.*&including environmental provisions and++8+0in accordance with all applicable administrative,,,regulations and orders..16.1.8.5.The Borrower has not established any security//0/(interest except the Security over any of000its assets.1216.1.9262.The respective Borrower has properly submitted3333+all tax declarations and has paid all taxes44+4#when due, regardless of their type.5616.1.10606(The Borrower is neither insolvent nor is777%insolvency imminent. The Borrower has8878/not been served with an application to commence99890insolvency proceedings nor have such proceedings:::been commenced.;<16.1.11<2<*The Borrower has completely and accurately==0=(disclosed to the Agent and the Banks all>>3>+facts and information which upon exercising??/?'the care of a prudent businessman couldDo
lT o:.AOp!{2XL@ABCDEFGHIJKLMNOPQRSTUV@@1@)be assumed would be of importance for theAA6A.credit decision of the Banks . All informationBB1B)which the Borrower or one of its advisorsCC2C*has forwarded to the Agent or the Banks inDD0D(writing are accurate and complete at theEE0E(time they were forwarded to the Banks orFFFthe Agent .GH16.1.12H5HThe Borrower has at least until the repaymentII.I&of the Loans the unrestricted right toJJ1J)dispose or right of use over all relevantKK.K&licenses, intellectual property rightsLL0L(or similar rights for the Project or hasMM5Msecured access to these rights under contractNN.N&law by way of the Project Agreements .OP16.1.13P2P*The Borrower is drawing down the Loans forQQQits own account.RS$T____________________________1U)Created by Morningstar Document Research.0V(http://documentresearch.morningstar.com/27az.Qnr>2&=PF0*8X>
@VVUUTT
l YW b k
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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Y
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl16.1.14/'Except for the Project Contracts listed 4 ,in Annex 5 ( Project Contracts ), no other
6
.material products which have not been notified1)by the Borrower to the Agent are required.&for the construction and the operation
2
*of the Project . The Borrower is not aware;3of, and has not been notified about any performance.&defaults under the Project Contracts ,/'nor should the Borrower have been aware0(of such performance defaults as a result0(of the specific circumstances unless the2*Borrower has informed the Agent about such2*a performance default without undue delay. 3333330@4,The representations and warranties contained7/in Clause 16.1 are deemed to have been repeated1)by the Borrower for each Drawdown and for/'each payment of interest with regard to91the set of facts and the respective circumstances/'existing at that time if the respective6.Borrower has not notified the Agent in writing80at least five Banking Days prior to the Drawdown1)or the interest payment that the Borrower.&cannot make one of the representationsD
lB6**EY
s%p#8 !"#$%&'()*+,./0123456789:;<=>? / 'and warranties set forth in Clause 16.1!!2!*of this Facility Agreement, and the notice""4",must state the reasons. This does not affect##&#the rights under Clause 20.1.3$~
% F%*%"Obligations to provide Information&' 1@'/''The Borrower will make available to the((2(*Agent for the purpose of forwarding to the))2)*Banks and the Guarantors his own certified**1*)financial statements (inter alia, balance++.+&sheet, profit and loss statement, cash,,2,*flow account) and auditors reports as well/'as the certified consolidated financial....&statements (inter alia, balance sheet,//5/profit and loss statement, cash flow account)0030+and audit reports for FS GmbH , FS Holdings11:12(consolidated) as well as FS (consolidated) within2252120 days after conclusion of the his business33/3'year. The auditors report is to contain4404(an opinion about the conditions, as they5575/pertain to the market standard, of the internal66/6'delivery and service commerce according777to Clause 19.1.14.89969.Together with its respective audited financial::2:*statements, the Borrower will also present;;2;*the calculation of the Surplus Cash Flow .<==4=,In the event that the Borrower should intend>>4>,to make payments pursuant to Clause 19.1.36,??1?)Borrower shall present the audited annualDlgu$;Xn0\PbV@ABCDEFGHIJKLMNOPQRSTUVWX@@@%report for the fiscal year preceedingAA8A0the pertinent payment along with the calculationBB0B(of the Equity Resources Quota and of theCC6C.Debt Service Coverage Level and a confirmationDD2D*of compliance with same in the form of theEE0E(template provided in Annex 29 ( TemplateFF(F Confirmation Financial Indices).GH 3333331@H2H*The Borrower will provide to the Agent forII2I*the purpose of forwarding to the Banks andJJ6J.the Guarantors a certificate of the AccountantKK/K'within 120 days after conclusion of itsLL4L,respective business year that the AccountantMM4M,has examined the information of the BorrowerNN/N'(i) on the agreed key financial figuresOO2O*in Clause 18 ( Key Financial Figures ) andPP7P/on the Surplus Cash Flow and (ii) on the amountQQ2Q*of the investments made with regard to theRR.R&plausibility of the information and noSS$Sobjections have been raised.TU$V____________________________1W)Created by Morningstar Document Research.0X(http://documentresearch.morningstar.com/6ecw+9Lcx8, =PF0*8X>
@XXWWVV
l Y <
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U } }$ }:
Y
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl L1@2*The Borrower will provide to the Agent for 2 *the purpose of forwarding to the Banks and
/
'the Guarantors within 45 days after the2*end of each business quarter the quarterly0(interim numbers, if any, (balance sheet,
5
profit and loss statement, cash flow account,5liquidity status, information on inventories,%debtors and creditor payment periods,.&with all information being accompanied0(by a comparison of the actual numbers to3+the planned numbers in the Business Plan )..&The Borrower will provide information,2*in the context of its quarterly reporting,2*about the produced number of solar modules0(in the amount of the produced mega watts/'and will also provide for a calculation0(of the key financial figures pursuant to2*Clause 18 ( Key Financial Figures ) within8045 days after the end of its respective businessquarter./'If the Borrower intends to make Royalty2*Payments , Borrower will provide the firstD
lB6*1Fbq#>P$ !"#$%&'()*+,./0123456789:;<=>? 6 .audited annual report in 2007 and subsequently!!0!(the respective quarterly interim numbers""0"(along with the calculation of the Equity##/#'Resources Quota and of the Debt Service$$7$/Coverage Level and a confirmation of compliance%%6%.with same in the form of the template provided&&5&in Annex 29 ( Template Confirmation Financial''' Indices).() ffffff1@)2)*The Borrower will provide to the Agent for**2**the purpose of forwarding to the Banks and++/+'the Guarantors within 45 days after the,,2,*end of each business quarter the quarterly%consolidated interim numbers, if any,..2.*(balance sheet, profit and loss statement,///%cash flow account) for the FS Group .01 1@1/1'The Borrower will provide the Agent for2222*the purpose of forwarding to the Banks and3303(the Guarantors an updated corporate plan4444,(business plan) with the financial planning,5575/the planning of sales as well as the investment66/6'planning and liquidity planning for the77/7'following business year one month prior8828*to expiration of a then respective current9979/business year. To the extent that the corporate::2:*plan is different from the Business Plan ,;;;%the consent of the Agent is required.<= 1@=3=+The Borrower grants the Agent and any third>>6>.party which it may engage and which is subject??/?'to professional confidentiality as wellDelbx&Hau$:Qb
@ABCDEFGHIJKLMNOPQRSTUVWX@@3@+as the Guarantors upon their request accessAA3A+to the Borrower s business records and willBB3B+allow the Agent , the engaged third partiesCC7C/who are subject to professional confidentialityDD2D*and the Guarantors access upon their firstEE4E,demand to view and have access at the normalFF1F)business hours to the Borrower s businessGG0G(premises, business records and the plantHH1H)and will give the Agent information aboutII Ithe security collateral.JK 333331@K4K,The Borrower will inform the Agent , withoutLL7L/undue delay, about all events and circumstancesMM0M(related to the Borrower and FS GmbH thatNNN%could endanger the economic viabilityOO/O'and the operation of the Project and/orPP2P*the servicing of the Loans , and, upon theQQ5QAgent s request, about the Borrower s generalRR1R)economic situation as well as the generalSS'Seconomic situation of FS GmbH .TU$V____________________________1W)Created by Morningstar Document Research.0X(http://documentresearch.morningstar.com/6abr"<Kk<0$=PF0*8X>
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U } }$ }:
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FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl 1@4,The Borrower will cooperate with the Project 2 *Appraiser so that he can provide a Project
2
*Progress Report to the Agent and the Banks1)by the End of the Construction Phase in a5timely manner within 15 days after expiration
of every calendar month. fffff1@.&Borrower will inform the Agent without80undue delay about any delays in the construction5phase of the Project compared to the Schedule0(and will show the Agent upon its request0(the effects of such delays and will also80show how compliance with the intended completiondate can be assured. 1@.&Borrower will inform the Agent without0(undue delay about technical disturbances5which lead or could lead to a negative impact&on the operations of Project . \(1@0(The Borrower will inform the Agent until4,the End of Construction Phase on a quarterly/'basis and thereafter on a yearly basis,%together with the certified financialD lB6*z,RFQe!4D !"#$%&'()*+,./0123456789:; 2 *statements under Clause 17.1, of an actual!!2!*inventory list of the equipment, machinery""0"(and technical tools which have been used###
for security.$% Q1@%0%(The Borrower will inform the Agent about&&&%changes in the Borrower s management.'( zG!1@(4(,The Borrower will inform the Agent , without))6).undue delay, about the occurrence or imminence**+*#of a Threatening Event of Default .+~
, J,,Key financial Numbers....&Borrower undertakes to comply with the//(/ following key financial figures:01 2@1.1&The Debt Service Coverage Level cannot22)2!be lower than the value of 1.1:1;34 3333332@424*The Debt Level cannot exceed the following5505(values for the following respective time666periods:78$9____________________________1:)Created by Morningstar Document Research.0;(http://documentresearch.morningstar.com/<d@4E9dXc=PF0*8X>
@;;::99
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }U5}$ }}$
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl Time period
Debt Level 4
,from 1 Jan. 2007 to 31 Dec. 2008 (inclusive)
3.0:1
4,from 1 Jan. 2009 to 31 Dec. 2009 (inclusive)
2.5:1
2*from 1 Jan. 2010 until the end of the term
1.5:1of the Loans$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/,eB6*0K=PF0*8X>
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }U}$ }@
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FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl.&financial figures must be confirmed to 5 the Agent by the commercial managing director

%of the Borrower in writing each time.2*If the Borrower and the Agent do not agree
4
,about the determination of the key financial6.numbers on the basis of the quarterly numbers,5the Agent is entitled to retain an accountant7/at the costs of the Borrower who will determine.&and certify the key financial figures.~
N Covenants and Conditions 3@The Borrower will19.1.12*establish the Securities or will make sure/'that they are established free of prior.&encumbrances with a first priority and/'free of rights of third parties; should.&the Securities deteriorate, especially2*due to a loss of value and/or losses, upon7/demand of the Agent , the Borrower will provide%the Banks with additional securities.DA lB6*:.>PD_5 !"#$%&'()*+,./0123456789:;<=>? 19.1.2 2 *obtain all Permits required for a business!!4!,operations and the Project at the respective""1")time and will ensure that the Permits are##1#)maintained and will provide proof of this$$8$0to the Agent upon its request and will construct%%8%0and operate the Project based on the established&&,&$European environmental standards and''5'guidelines, and will observe legal ordinances(((and regulations;)*19.1.3*2**conduct and insure his business operations++.+&in accordance with the standard common,,6,.in the industry and with the care of a prudent0(businessman. In particular, the Borrower..3.+will issue invoices in the intervals common//2/*in the industry to his customers for solar0060.modules and will attend to a timely collection11#1of outstanding receivables;2319.1.4333+not enter into futures transactions without4444,cover without the prior consent of the Banks555and the Guarantors ;6719.1.57971comply at all times with all terms and conditions8818)and requirements of the EU Decision , the999%Deficiency Guarantee , the Investment::.:&Subsidies and Supports and the Subsidy;;/;'Orders and will observe all obligations<<<contained therein;=>19.1.6>5>not change the type and scope of his business??4?,operations without the prior written consentD
l\nMAQhv&:\&@ABCDEFGHIJKLMNOPQRST@@5@of the Banks and the Guarantors to the extentAA3A+that such a change would lead to a MaterialBB0B(Adverse Change or endanger the Project ;CD19.1.7D2D*conclude the Project Contracts in the formEE0E(agreed with the Banks to the extent thatFF6F.they were not already supposed to be concludedGG4G,and were concluded under Annex 5 ( ProjectHH/H'Contracts ) prior to the first DrawdownII6I.under one of the Loans and will not terminate,JJ5Jamend or waive their rights under the ProjectKK3K+Contracts without the prior written consentLL=L5of the Banks and the Guarantor if such a termination,MM8M0amendment or such a waiver results in a MaterialNN0N(Adverse Change or an endangerment of theOOO Project .PQ$R____________________________1S)Created by Morningstar Document Research.0T(http://documentresearch.morningstar.com/.`h{)0cWK#=PF0*8X>
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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4
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl4,The Borrower will inform the Agent , without 0 (undue delay, about all amendments to the
contracts;19.1.880report in the context of the quarterly reporting

%about the conclusion of, modification4,of and/or additions to OffTake Agreements ,7/provide the Agent with copies of the agreements2*upon request and will assign or see to the0(assignment of the claims under the newly2*concluded OffTake Agreements to the Banks1)immediate afterward upon the first demandof the Agent ;19.1.9/'inform the Agent without undue delay if/'a customer of solar modules defaults on0(payments under the OffTake Agreements ;19.1.100(inform the Agent and the Guarantors with1)undue delay about all material events and/'circumstances, which could endanger the2*commercial viability of the Project and/or3+the servicing of the Loans . In particular,2*the Borrower will inform each of the AgentD lB6*THUh>Hb !"#$%&'()*+,./0123 0 (and the Guarantor without undue delay as!!6!.soon as an Event of Default or the Threatening""2"*of an Event of Default under this Facility##4#,Agreement or a performance under the Project$$$Contracts occurs;%&19.1.11&3&+fulfill his obligations under this Facility''1')Agreement at least with the same priority((:(2with their other present and future unsubordinated))1))obligations. This does not apply to those**2**obligations which have statutory priority;+,19.1.12,.,&make sure that his business operations5and the Project are insured in a commercially...reasonable scope and/0$1____________________________12)Created by Morningstar Document Research.03(http://documentresearch.morningstar.com/,0b=A =PF0*8X>
@332211
l .7
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }}$ }y<
.
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl(a)1)that the Insurance Policies are concluded 2 *no later than the points in time set forth
:
2in Annex 11 ( insurance ) and that the insurance1)is maintained throughout the term of this.&Facility Agreement (with the exemption
.
&of the insurances for the construction3+period) and in particular that the material1)assets to be brought into the Project are.&insured completely during the shipping0(and construction phase of the Project as5well as during the operational phase, against0(fire and all other significant elemental1)damaging events which are standard in the industry,(b)6.that the insurance contracts for the Insurance%Policies including all amendments are/'sent as copies to the Agent immediatelyafter being concluded,(c).&that the Agent immediately reports the80new conclusion of or amendments to the insurance.&contracts and that the Agent provides,7/upon request, a confirmation from the InsuranceDlB6*hWMBXL?4 !"#$%&'()*+, 0 (Agent showing that the relevant Insurant!!!.!&Policies are suitable and standard for""""
the industry;#$$(d)$5$that the claims under the insurance contracts%%%5%for the Insurance Policies with the exception&&&.&&of the third party liability insurance'''7'/are assigned immediately after their conclusion((( (as security to the Banks)*$+____________________________1,)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/ rR LOC7=PF0*8X>
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl19.1.131)maintain his rights of disposition and/or 0 (use for the Project and its all relevant
.
&licenses, intellectual property rights1)and similar rights are maintained in full0(for their respective business operations
2
*and will immediately pay any license fees,/'registration fees and similar fees when1)due if the prerequisites indicated under.&Clause 19.1.35 are met. In particular,4,the relevant licenses, intellectual property0(rights and similar rights are maintained4,in such a way that in the case of insolvency3+of the Borrower or FS , the Borrower or the.&appointed insolvency administrator for0(the Borrower or a legal successor to the5Borrower can enact them. Should such licenses/'or intellectual property rights for the3+Borrower be violated or affected by a third6.party, the Borrower will exhaust all available1)legal means in order to defend themselves'from such violation or offence.,$If additional licenses, intellectual6.property rights or similar rights are requiredDY
lB6*~4Mk0I] !"#$%&'()*+,./0123456789:;<=>? : 2for the execution of the Project or the Borrower s!!.!&business operations, the Borrower will""4",take all necessary action in order to obtain##0#(or register these licenses, intellectual$$*$"property rights or similar rights;%&&3&+The Borrower will not violate any necessary''/''intellectual property rights or license((0((rights of third parties required for the)).)&Project or its Business Operations and**2**will provide evidence of this to the Agent++/+'upon its request in a form satisfactory,,,to the Agent ;../.'If the Borrower has indications about a//1/)violation of intellectual property rights00/0'or license rights of third parties, the1111)Borrower will inform the Agent about this2272/without undue delay and will take all necessary3343,action in order to avoid harm to the Project44#4or its business operations;5619.1.14646,will effect the internal supply and services7707(traffic (including during the investment88/8'phase) with JWMA Partners LLC, Phoenix,9939+as well as the companies within the control::6:.of JWMA, affiliated companies and the sponsors;;4;,only within the scope of its normal business<<8<0activities and not on worse terms and conditions==4=,that are common between third parties acting>>>at arm s length.?D
l`~r#Bwk ;YM_n@ABCDEFGHIJKLMN@@3@+The Borrower shall conclude no distributionAA0A(and takeoff contracts with FS GmbH , inBB0B(which the maximum commission entitlementCC.C&or the maximum distribution margin areDD5Dexceeded and to whom FS GmbH pays no paymentsEE4E,exceeding the maximum commission entitlementFF0F(or the maximum distribution margin underGG0G(the distribution and takeoff contracts;HI19.1.15IIdeletedJK$L____________________________1M)Created by Morningstar Document Research.0N(http://documentresearch.morningstar.com/"}e~.XL@=PF0*8X>
@NNMMLL
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }I }$ }I;
Z
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl19.1.161)not complete or have completed any merger  %or spinoff or reorganization without
2
*the prior written consent of the Banks andthe Guarantors ;
19.1.17
0
(not change their corporate form or allow4,it to be changed and will not enter into any6.corporate group agreements or other agreements1)which could have effects on its corporate.&or capital structure without the prior80written consent of the Banks and the Guarantors;19.1.184,not maintain or open any additional business5accounts other than the accounts contemplated6.in Clause 13 without the prior written consent)!of the Banks and the Guarantors ;19.1.19/'not enter into any agreements resulting0(in a Material Adverse Change without the2*prior written consent of the Banks and theGuarantors ;19.1.200(carry out and supervise the construction4,and the operation of the Project (especiallyD lB6*3Pg_
j !"#$%&'()*+,./0123456789:;<=>? 4 ,regular maintenance and repair of the assets!!!%required for the business operations)""2"*with the care of a prudent businessman and##2#*complete the Project within the Schedule ;$%19.1.21%0%(comply with the Time Schedule and inform&&2&*the Agent about any delays compared to the''.'&Time Schedule without undue delay. The((/('Agent is entitled to retain the Project)).)&Appraiser for the purpose of examining**5*the cause of any delays in excess of 4 weeks.++1+)The costs for such an examination will be,,2,*borne by Borrower , whereby the Agent will/'give due consideration to the justified..0.(interests of Borrower with regard to the///amount of costs;0119.1.22151not permit any increase in the stated project22.2&costs in the Business Plan without the3323*prior written consent of the Banks and the44/4'Guarantors unless the increased project5505(costs are financed by the Sponsors using666%subordinated loans/shareholder loans.77.7&Borrower shall provide evidence to the88/8'Agent in satisfactory form in this case9949,about the bearing of costs by the Sponsors ;:;19.1.23;3;+retain the Debt Service Reserve on the Debt<<!<Service Reserve Account ;=>19.1.24>9>1apply the Cash Flow from Operations in accordance??&?with the Cash Flow Waterfall ;Dlgl?S$Abe(@ABCDEFGHIJKLMNOPQRSTUVWXY@A19.1.25A4A,comply with the requirements of the BusinessBBBPlan ;CD19.1.26D2D*establish and maintain a proper accountingEE9E1department as well as an IT supported controllingFF3F+system which, among other items, is capableGG1G)of providing a monthly comparison betweenHH#Hactual and planned numbers;IJ19.1.27JJ%conclude the Interest Hedge AgreementKK2K*by no later than before the first DrawdownLL1L)and provide evidence of this to the AgentMM2M*without a separate request. The Agent willNNN%offer Borrower corresponding interestOO.O&hedging transactions upon its request;PQ19.1.28Q/Q'to pledge to the Banks any unencumberedRR5Rreal estate and/or real estate to be acquiredSS3S+in the future that is used or is to be usedTTTfor operations.UV$W____________________________1X)Created by Morningstar Document Research.0Y(http://documentresearch.morningstar.com/8sgn!8T
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@YYXXWW
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl0(The Borrower will inform the Agent about 2 *the acquisition of any real estate without
6
.request and will comply with the first request1)of the Agent to pledge such real estate.;
19.1.29
0
(not enter into any Financial Liabilities1)with the exception of Permitted Financial
Liabilities ;19.1.3091not grant any security rights over its respective6.assets or parts of the assets to third parties6.or encumber the assets with security interests0(or other rights for the benefit of third5parties or permit the assets to be encumbered/'with security interests or other rights0(for the benefit of third parties without2*the prior written consent of the Banks andthe Guarantors ;19.1.310(not sell any assets or otherwise provide80them to third parties or undertake an obligation4,for a sale or transfer of possession outside2*of the ordinary course of business without2*the prior written consent of the Banks andD lB6*29N_zF:C !"#$%&'()*+,./0123456789:;<=>? the Guarantors ;!"19.1.32"2"*not grant any loans, guarantees or similar##0#(instruments to third parties without the$$2$*prior written consent of the Banks and the%%%Guarantors ;&'19.1.33''%only use shareholder loans/loans from((1()the Sponsors if the resulting payment and)).)&repayment obligations are subordinated**2**in a manner which is secure in the case of+++insolvency;,19.1.3480make any repayments for shareholders loans/loans../.'granted by the Sponsors only subject to//:/2written approval by the Banks and the Guarantors ;0119.1.35141,only make interest payments for shareholders22.2&loans/loans granted by the Sponsors or33.3&payments based on management services,44.4&or Royalty Payments based on technical55/5'or other services, management services,6646,licensing fees, registration fees or similar7767.fees to affiliated companies or other payments8848,to one of the Sponsors , except for payments9949,under Clause 19.1.34 or 19.1.36, or payments::1:)to an Affiliated Enterprise for the first;;6;.time on the basis of the audited annual report<<<2007 if=>$?____________________________D/
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl19.1.3780Not to make any Material and Capital Investments 0 (with the exception of Permitted Material
!
and Capital Investments ;19.1.38/'not execute the purchase option ( First
0
(Solar purchase option ) set forth in the1)5N Contract , Clause 2.11 (b) without the;3prior written consent of the Banks and Guarantors .~
REvent of Default 4@0(The Banks are entitled to terminate this2*Facility Agreement if one of the following/'circumstances occurs and the additional2*preconditions in (i) and (ii) as set forthin Clause 20.2 exists:20.1.11)the Borrower or a Sponsor does not comply0(with its payment obligation under one of( the Contract Documents when due;20.1.24,proceeds from the Loans are used in a manner/'other than the purpose foreseen for the7/respective Loan in Clause 3, or the achievementDD lB6*w:.CLe+<0 !"#$%&'()*+,./0123456789 6 .of the intended use of the funds is precluded;!"20.1.3"1")one of the representations and warranties##/#'made in Clause 16 ( Representations and$$5$Warranties ) turns out to have been incorrect%%7%/from the very beginning or becomes subsequently&&/&'incorrect or the Borrower cannot make a''0'(representation and warranty at the point((3(+in time contemplated in Clause 16.2 of this)))Facility Agreement;*+20.1.4+4+,the Borrower does not comply with a covenant,,0,(or condition under Clause 19 ( Covenants/'and Conditions ) or any other condition..0.(or covenant under the Contract Documents//7//and this results in a Material Adverse Change ;0120.1.5141,the Borrower does not comply with a covenant2222*or condition under Clause 13 ( Accounts ),3373/Clause17 ( Obligations to provide Information )444or Clause 1856$7____________________________18)Created by Morningstar Document Research.09(http://documentresearch.morningstar.com/89O`zC7JIxl`8=PF0*8X>
@998877
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl91( Key Financial Figures ) or any other obligation 3 +or condition under the Contract Documents ;
20.1.64,a Sponsor does not comply with an obligation/'under the Contract Documents or FS GmbH
7
/fails to meet one of its obligations stipulated0(in the draft Security Contracts attached91hereto as Annex 24b ( Contract on the Assignment1)of Entitlements from Purchase Agreements)1)and Annex 18a ( Contract on the Pledgingof an Account );20.1.77/a declaration made by the Borrower or a Sponsor.&which is considered fundamental by the3+Banks for granting the Loans or information3+provided by the Borrower or a Sponsor turns2*out to be wrong, misleading or incomplete;20.1.8,$insolvency proceedings or comparable3+proceedings under the respective applicable3+system of law are commenced over the assets4,of the Borrower or a Sponsor or one of these0(companies seizes to make its payments or.&commences out of court negotiations onD lB6*znz.?\
pdx( !"#$%&'()*+,./0123456789:;<=>? 2 *extending payment terms with its creditors!!!or is overindebted;"#20.1.9#,#$liquidation proceedings are resolved$$0$(or initiated with regard to the Borrower%%5%or a Sponsor or one of these companies ceases&& &to conduct its business;'(20.1.10(,($insolvency proceedings or comparable))5)proceedings under the respectively applicable**2**system of law are applied for or commenced++9+1over the assets of one or more of the contracting,,1,)parties of the Borrower under the Project:2Contracts or the liquidation of such a contracting..2.*party is resolved or initiated and results//$/in Material Adverse Change ;0120.1.11131+the Borrower or the Sponsors give up on the22+2#Project or change it fundamentally;3420.1.12404(a Security is not validly established in55/5'a binding and enforceable manner or its66961legal validity, binding nature and enforceability7737+is disputed by the respective party obliged8808(under the Security or the realization of9909(a Security is precluded or endangered or::+:#the value of a Security is reduced;;<20.1.13<4<,one or more Project Agreements are or become==.=&completely or partially invalid or are>>>%terminated prematurely or amended and??1?)this leads to a Material Adverse Change ;D
lzn G;MUet8D@ABCDEFGHIJKLMNOPQRST@A20.1.14A6A.a performance default under a Project ContractBB0B(occurs which leads to a Material AdverseCCCChange ;DE20.1.15E3E+the Project is delayed for a period of moreFF2F*than three months compared to the ScheduleGG2G*and this delay is confirmed by the ProjectHHHAppraiser ;IJ20.1.16J0J(a Permit required for the Project at theKK4K,relevant point in time or for the respectiveLL.L&business operations of the Borrower isMM5Mnot granted at all or not granted in a timelyNN0N(manner or is granted with modifications,OOOconditions,PQ$R____________________________1S)Created by Morningstar Document Research.0T(http://documentresearch.morningstar.com/.O#s%G`1%=PF0*8X>
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }I }$ }8
8
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl3+deadlines or imposed terms or is completely 2 *or partially withdrawn or amended and this
1
)event or the action results in a MaterialAdverse Change ;
20.1.17
4
,the Subsidy Order , the Deficiency Guarantee1)or the EU Decision are cancelled, amended
or withdrawn;20.1.185the Borrower is in default with an undisputed.&payment obligation (except for payment2*obligations under the Contract Documents )2*towards a third party in an amount of more3+than EUR 100,000 or a Sponsor is in default%with an undisputed payment obligation%(except for payment obligations under2*the Contract Documents ) in favor of third4,parties in a total of more than EUR 500,000;20.1.19/'proceedings before a court, an arbitral/'tribunal or an administrative authority/'are commenced against the Borrower or a7/Sponsor which if decided against the respective5party would lead to a Material Adverse ChangeD lB6*4Pq#=VJb !"#$%&'()*+,./01234567 7 /unless the Borrower or the Sponsor demonstrates!!/!'without undue delay to the satisfaction""/"'of the Agent that these proceedings are##4#,an abuse of right, inadmissible or unfounded$$7$/or can be avoided by other measures. A Material%%4%,Adverse Change in the context of this Clause&&.&&20.1.9 exists especially if the amount''4',in controversy of all pending legal disputes((2(*exceeds in the aggregate for each Borrower))!)or Sponsor EUR 2,000,000;*+20.1.20+,+$a Material Adverse Change occurs; or,20.1.21/'the Shareholders resolve a reduction of....®istered capital and distribution of//$/the amount of the reduction.01 3333334@121*If there is an event of default, the Agent22*2"in favor of the Banks is entitled,34$5____________________________16)Created by Morningstar Document Research.07(http://documentresearch.morningstar.com/4sbt$
@776655
l )@C
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }}$ }:
)
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl(a)1)to completely or partially terminate with 1 )immediate effect the Loans which have not
3
+yet been drawn down or which have been usedand/or
(b)
2
*to demand immediate payment of all or part/'of the outstanding amounts of the Loans5together with the respective accrued interest3+and all other amounts to be paid under this!Facility Agreement and/or(c)!to realize the Securitiesand especially(i)7/in the case of an event of default under Clause4,20.1.1, if the default in payment completely1)or partially continues to exist after the1)expiration of five Banking Days since the4,date of a payment demand by the Agent to the/'respective party owing the payment, and(ii)6.in all other cases of Clause 20.1 and in which3+the type of event of default permits a cureD lB6*io`j^R !"#$%&'( 4 ,by the respective Borrower or the respective!!!4!,Sponsor , if the event of default completely"""8"0or partially continues to exist after expiration###5#of 20 Banking Days since the date of a notice$%$&____________________________1')Created by Morningstar Document Research.0((http://documentresearch.morningstar.com/HsK=PF0*8X>
@"((''&&
l JD]hk
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }U}$ }>
J
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl~
VAgents and Banks
5@
/
'The leadership of the banking syndicate3+is the responsibility of the Agent . In the2*course of leading the syndicate, the Agent
5
will make all decisions required for a proper1)administration of the credit relationship6.in the normal course of business independently.&according to its reasonable discretion.&unless expressly provided otherwise in this Facility Agreement. 3333335@1)Each Bank hereby grants power of attorney0(to the Agent to represent it towards the1)Borrower , the Sponsors and third parties3+in connection with the Loans in the context5of the provisions in the Contract Documents . L5@/'The Agent is not authorized without the/'prior written consent of the respective6.Bank to file a lawsuit in the name of the Bank/'or commence any other court proceedings!in the name of the Bank .Dx lB6*? ffffff5@ 3 +The Banks hereby appoint the Agent as their!!.!&Security Agent and authorize the Agent""1")as such to exercise the rights and powers##.#&of attorney and make the discretionary$$9$1decisions which the Security Agent is responsible%%9%1for under the Contract Documents . The provisions&&5&in this Clause 21 relating to the Agent apply'','$accordingly for the Security Agent .() 5@)/)'To the extent legally permissible, each**/*'Bank hereby releases the Agent from the++2+*restrictions of 181 BGB with regard to the,,/,'powers of attorney which are granted to0(the Agent under the Contract Documents ../ 5@/0/(Notwithstanding the provisions contained0030+in this Facility Agreement on the reporting11.1&obligations, the Agent will forward to22.2&the Banks all material information and3313)notices which the Agent receives from one44840of the other parties to this Facility Agreement.56 333335@6.6&The Agent will represent the interests77<74of the Banks with the care of a prudent businessman.8818)The liability of the Agent for actions or9919)omissions in connection with the Contract::6:.Documents is limited to intentional misconduct;;;and gross negligence.<= 5@=0=(The Agent acts exclusively as the leader>>5>of the syndicate of the Banks when performing??4?,its obligations under the Contract DocumentsD@lau {*FMldx?3@ABCDEFGHI@@0@(and not as a representative or agent forAA1A)the Borrower . The Agent is not liable toBB/B'the Borrower or the other Banks for theCC8C0performance of the obligations by the respectiveDDDother party.EF$G____________________________1H)Created by Morningstar Document Research.0I(http://documentresearch.morningstar.com/gX=PF0*8X>
@IIHHGG
l
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }}$ }6
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl(a)0(to determine whether the Borrower or the 5 Sponsors have complied with their obligations
/
'under the Contract Documents or whether5an event of default exists or is threatening,
(b)
3
+to examine the completeness and correctness5of all notices under this Facility Agreement,(c)2*to examine the possibility for the collect0(ability of any type of payments of money1)which are or become due under the presentFacility Agreement,(d).&to examine the enforceability or valueof the Securities or(e)5to examine the legal validity, reasonableness3+or completeness of the Contract Documents .$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/BXB6*fH*)y=PF0*8X>
@
l 1
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }
}$ }y<
1
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl \(5@3+Each Bank assures that it has independently 6 .examined the Project and the credit worthiness
0
(of the Borrower without having relied on0(any examination by the Agent . Each Bank1)is signing this Facility Agreement on the
0
(basis of its own independent examination1)and will in the future base its decisions6.about actions or omissions under this Facility.&Agreement on its own examination which1)it considers reasonable. Each Bank hereby0(confirms its agreement with the ContractDocuments . Q5@.&Unless otherwise expressly stated, the2*Agent exercises the rights and authorities1)in connection with the Contract Documents.&in accordance with the instructions of0(the Majority of Banks and is not subject1)to any liability towards the Banks to the:2extent the Agent complies with these instructions.5The Agent has the right at any time to obtain7/the consent of the Banks to a specific measure./'An instruction by the Majority of Banks80is not required if there is an urgent situation.D^
lB6*w+F]9Te !"#$%&'()*+,./0 ! zG!5@!8!0Each Bank will compensate the Agent or indemnify""3"+the Agent against corresponding liabilities##5#upon the request of the Agent for all damages$$0$(and expenses (including value added tax)%%0%(incurred in connection with the Contract&&/&'Documents unless the respective damages''5'and expenses are the result of an intentional((0((or grossly negligent violation of duties))1))on the part of the Agent . The individual**2**Banks are liable proportionately according++#+to their respective Quota .,$.____________________________1/)Created by Morningstar Document Research.00(http://documentresearch.morningstar.com/&]@Kbz`=PF0*8X>
@00//..
l T
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }
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T
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl p=
#5@1)If the Agent has not received any written 1 )notice from the Borrower or a Bank that a
1
)payment will not be made to the Agent two0(Banking Days prior to the payments under%this Facility Agreement becoming due,
2
*the Agent can assume that the payment will7/be made on the due date. The Agent is entitled,1)but not required to pay the corresponding1)amount to the Borrower and/or the Banks .80If it turns out on the due date that the payment0(was in fact not rendered, the respective0(recipient of the payment will repay this2*amount together with the refinancing costs5of the Agent to the Agent without undue delayupon its request. fffff&5@.&The syndicate relationship between the3+Agent and the Banks end only after complete6.satisfaction of all claims under this Facility0(Agreement. To the extent that Securities0(are realized, the syndicate relationship4,only ends upon conclusion of the realization0(and/or the distribution of any proceeds.D
lB6*~1Na
u'EX !"#$%&'()*+,./0123456789:;<=>? )\(5@ 8 0During the course of the syndicate relationship,!!6!.regular notice of termination of the syndicate""."&relationship is excluded; the right to##4#,terminate for just cause remains unaffected.$$.$&If a Bank terminates its participation%%2%*for just cause or leaves the syndicate for&&1&)other reasons, the syndicate relationship''5'will be continued among the remaining Banks .())7)/If the Agent leaves the syndicate relationship,**6*.the remaining Banks will assign the leadership++6+.of the syndicate under this Facility Agreement,,1,)to one of the other Banks with a Majorityof the Banks ../ Q+5@/6/.The Agent can designate a new branch or branch0040,office in the European Union to the Borrower1171/and the Banks from which the Agent will perform2262.its obligations under this Facility Agreement.3353The law applicable to this Facility Agreement44#4remains unaffected by this.56 Gz.5@636+To the extent that the Agent is indemnified7717)against liability pursuant to this Clause88;8321, this indemnity only applies in the relationship9979/between the Agent and the Banks . The liability::0:(of the Borrower is not affected by this.;~
< Z<,<$Resignation and Removal of the Agent=> 6@>3>+The Agent can withdraw at any time from its??1?)appointment under this Facility AgreementDlT
p"x%4NX
kui@ABCDEFGHIJKLMNOPQRS@@1@)by written notice to the other Parties toAA Athis Facility Agreement.BCC0C(The Agent can be removed by a resolutionDD0D(of the Majority of Banks from its dutiesEE0E(under this Facility Agreement by writtenFF4F,notice given to the Borrower and the Agent .GHH2H*The withdrawal or the removal takes effectII.I&upon notice about the appointment of aJJ*J"successor pursuant to Clause 22.3.KLL3L+The provisions of this Clause 22 pertainingMM5Mto the Agent shall also apply to the SecurityNNNAgent .OP$Q____________________________1R)Created by Morningstar Document Research.0S(http://documentresearch.morningstar.com/,wk7+MAvj^6=PF0*8X>
@SSRRQQ
l X0mW
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U } }$ }:
X
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl 3333336@3+In the event of a withdrawal or the removal 8 0of the Agent , the Majority of Banks is entitled
4
,on costs of the Banks to appoint a successor4,for the position of Agent with the agreement0(of the Borrower. If such a successor has
1
)not been appointed within 30 Banking Days0(after the notice about the withdrawal or7/the removal, the Agent is entitled to designate3+another corresponding financial institution0(as its successor upon agreement with the1)Borrower which has at least a rating of A1)issued by Standard Poor s Ratings Groups. L6@.&The acceptance of the appointment will6.be notified to the Agent by the Bank appointed2*by the Majority of Banks for this purpose. ffffff6@6.After the notice has been given, the successor/'will succeed the Agent and will receive0(all rights, authorities, priority rights/'and obligations of its predecessor. The1)Agent which has withdrawn or been removed1)from its function will take all necessary/'action in order to cause the successionD?
lB6*u%? 4 ,to be valid. The Agent will then be released!!0!(from its obligations under this Facility""2"*Agreement, whereby the indemnity in Clause##3#+21 ( Agents and Banks ) with regard to such$$3$+acts or omissions which the Agent performed%%1%)in its function as Agent will continue to&&&apply.'~
( ^((Sharing Clause)* 7@*2**If a Bank has received or collected at any++4+,time an amount relating to its participation,,6,.in the Loans , which amount exceeds the amount/'this Bank should have received from the../.'Agent if a distribution had taken place//5/pursuant to the procedure set forth in Clause0010)14.3 and Clause 14.4 (the Excess Amount )1111)at any point in time, then this Bank must22/2'immediately inform the Agent about this3333+and must pay the Excess Amount to the Agent4444,within three Banking Days after this notice.56616)The Agent will then distribute the Excess7717)Amount to the Banks (except for that Bank8828*which received the Excess Amount ) to that9919)these obtain satisfaction proportionately::0:(according to their Quota and pursuant to;;$;Clause 14.3 and Clause 14.4.<==0=(The Banks will adjust the liabilities of>>6>.the Borrower corresponding to the distribution??6?.of the Excess Amount among them. If the ExcessD
ldx+at)>TH`{/@ABCDEFGHIJKLMNOPQRSTUVW@@6@.Amount is subsequently completely or partiallyAA0A(repaid to the Borrower by the Bank whichBB3B+had originally received the Excess Amount ,CC0C(each of the Banks will forward the shareDD2D*in the Excess Amount which it had receivedEE2E*from the Agent to the Agent so that it canFF2F*be repaid to the Bank which is required toGGGmake the repayment.HI 3333337@I6I.A Bank is not required to surrender the ExcessJJ1J)Amount if it has been awarded this amountKK1K)in the context of court proceedings whichLL2L*the other Banks did not join although theyMM%Mhad the opportunity to do so.NO L7@O3O+The right of each Bank to engage in bankingPPP%transactions outside of this FacilityQQ6Q.Agreement with the Borrower or with affiliatedRRRenterprises withinST$U____________________________1V)Created by Morningstar Document Research.0W(http://documentresearch.morningstar.com/4by+BZ
o=PF0*8X>
@WWVVUU
l M"!Q%
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }U}$ }I;
M
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl0(the meaning of 15 German Stock Companies 0 (Act ( Aktiengesetz ) remains unaffected.
~
bFees
The Borrower pays 8@1)a onetime processing fee pursuant to the1)Fee Letter to the Agent upon its request; 3333338@1)an administrative fee pursuant to the Fee4,Letter annually on each 30 June to the Agentupon its request; L8@80a commitment fee in the amount of 0.6 % annually/'of the nominal amount of the Loan which2*has not been drawn down to the Agent which7/will be forwarded to the Banks . The commitment5fee is calculated by the Agent as of the date3+on which this Facility Agreement is signed.0(The commitment fee is payable in arrears0(on each 31.03, 30.06, 30.09 and 30.12 of%each year upon request of the Agent ;DlB6*zPDcWs5 !"#$%&'()*+,./0123456789:;<=>? ! ffffff8@!3!+a Waiver Fee in the amount of EUR 2,500 per""5"Bank and EUR 5,000 for the Agent to the Agent##1#)for proportionate allocation to the Banks$$9$1for each amendment to the contract or declaration%%7%/of waiver made on the request of the Borrower ;&' 8@'/''a surety compensation to the Guarantors((1()in the amount of currently 0.8 % annually))6).on the Surety Amount to be determined pursuant**/*'to Clause 24.6. The surety compensation++1+)is first due upon handing over the surety,,4,,document and is to be paid on each 01.04 and3+01.10 of each calendar year and at the last..6..time for the calendar year in which the surety////'document is returned as no longer being0020*needed or in which the Agent has submitted1151the loss report to PwC after a claim has been22)2!asserted against the Guarantors .344/4'Payment of the surety compensation must5565.be evidenced to the Agent in each case without666undue delay.78 8@838+The Surety Amount in the calendar year 20069909(is EUR 64,035,200 and is reduced for the::/:'Term Loan by the repayment installments;;9;1made and for the Revolving Loan from 30 June 2010<<1<)by 13.33 percentage points semiannually.=~
>f>+>#Third Party Costs and Disbursements?D
lNYM]u&;Nk2&@ABCDEFGHIJKL@ 9@@0@(The Borrower bears all adequate externalAA0A(costs and other expenses which the AgentBB1B)or the Banks incur in connection with theCC1C)drafting, the conclusion or the amendmentDD.D&of the Contract Documents , especiallyEE.E&for retaining external consultants andFF.F&attorneys and/or for the activities ofGGG notaries.HI$J____________________________1K)Created by Morningstar Document Research.0L(http://documentresearch.morningstar.com/b~4}=PF0*8X>
@LLKKJJ
l Q>IO
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U } }$ }$M
Q
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl 3333339@7/The Borrower bears all costs and disbursements, 9 1which the Agent and/or a Bank incur in connection

%with maintaining and/or enforcing the%rights under the Contract Documents .
L9@
.
&The Agent receives compensation in the/'amount of EUR 500 for each confirmation3+of account balances prepared at the request+#of the Borrower or its accountants.
25.4./'The Borrower will reimburse each of the0(Banks the costs they incur in the course/'of an official audit resulting from the0(activities of the Borrower in connection%with this Facility Agreement.3+Upon the Agent s request, the Borrower will%reimburse the Guarantor for the costs1)of an audit in accordance with Clauses 172*and 18 of the General Terms and Conditions/'for the Assumption of Guarantees by the.&Federal Republic of Germany (the Bund)=5and States issuing Parallel Guarantees "( Allgemeinen.&Bestimmungen f r B rgschafts bernahmenD lB6*p'7Eb!}0M !"#$%&'()*+,./0123456789:;<=>? , $durch die Bundesrepublik Deutschalnd!!5!(Bund) und parallel b rgender Bundesl nder )."~
# j##Substitute Performance$%%.%&The Borrower is obligated to reimburse&&2&*each Bank for those losses and costs which''3'+are incurred as a result of the Bank having((5(refinanced a Drawdown requested by a Borrower))1))without being able to pay out this amount***%because the preconditions established++3++in this Facility Agreement for the Drawdown,,7,/have been completely or partially not fulfilled#or are no longer fulfilled..~
/ n/!/Assignments and Transfers01 ;@1/1'The Borrower is not permitted to assign2262.rights and claims under the Contract Documents3323*to third parties without the prior written444consent of the Agent .56 333333;@636+A Bank can completely or partially transfer77/7'the economic risk of granting the Loans8808(to third parties; this can, for example,9909(take place by way of credit derivatives,::/:'pledges, assignment of the loan claims,;;;%transfers of contract, including with<<<<4all relevant security or by loan subparticipations.=>>0>(A third party within the meaning of this??6?.provision can only be a member of the EuropeanDx
lg[{,EdX
j6S
@ABCDEFGHIJKLMNOP@@6@.system of central banks, a credit institution,AA5Aa financial services institution, a financialBBHB@enterprise, a pension organization Versorgungswerk/PensionskasseCC0C(or a capital investment company which isDD4D,subject to supervision by the Federal AgencyEEE%for Supervision of Financial ServicesFF7F/Bundesanstalt f r FinanzdienstleistungsaufsichtGG.G&or another state supervisory authorityHH5Hor a comparable foreign supervisory authorityII1I)as well as a single purpose company whichJJ6J.is required in order to structure the transferKKKof the risk.LM$N____________________________1O)Created by Morningstar Document Research.0P(http://documentresearch.morningstar.com/&@]]w&WK?=PF0*8X>
@PPOONN
l Eitlu
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U } }$ }@
E
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl L;@;3A Transfer of rights and claims is only permissible 3 +if the amount to be transferred is at least
3
+EUR 5,000,000. The amount to be transferred1)is to be allocated proportionately to the/'already drawn down portion of the Loans
4
,and the portion of the Loans of the Old Bank( which has not yet been paid out. ffffff;@80The Transfer needs the consent of the Borrower .0(Borrower s consent to the Transfer shall4,not be required in the event of an Impending1)Cause to Terminate or in the event that a2*cause to terminate pursuant to Clause 20.10(of this Facility Agreement should arise.2*The Borrower shall give its consent to the7/Transfer , if the New Bank is a bank or a third80party which has at least a rating of A issued6.by Standard Poor s Ratings Groups or a similar/'rating issued by another rating agency. ;@7/The Transfer takes effect upon countersignature3+by the Agent on the transfer contract which.&contains at least the clauses outlinedD
lB6*r#;EZa
pd !"#$%&'()*+,./0123456789:;<=>? 9 1in the form of Annex 10 ( Transfer Agreement ).!""5"The Agent shall inform the Borrower regarding##+##the taking effect of the Transfer .$% ;@%2%*Each Transfer requires the New Bank to pay&&5&a fee in the amount of EUR 5,000 to the Agent''5'which is due upon the Transfer taking effect.() 33333;@)0)(Upon the Transfer taking effect, the New**2**Bank will become a Bank within the meaning++0+(of this Facility Agreement. The New Bank,,2,*will pay the Old Bank the amount set forth3+in the Transfer Agreement pursuant to Annex..2.*10 ( Transfer Agreement ) on the date set///forth there.01 ;@131+The Borrower , FS GmbH and FS Holdings will2232+use their best efforts to support the Banks3303(in their actions pursuant to Clause 27.244/4'in order to secure the success of these555 measures.6~
7 r77Confidentiality89 <@9=95The Agent and the Banks will maintain confidentiality::6:.about all written or oral information provided;;;;3to them by the Borrower , FS GmbH and FS Holdings .<= 333333<@=2=*It does not constitute a violation of this>>4>,obligation of confidentiality if information???is forwarded toD:
lNVY
p"B~r=1)@ABCD@A$B____________________________1C)Created by Morningstar Document Research.0D(http://documentresearch.morningstar.com/
P=PF0*8X>
@DDCCBB
l 383
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }U}$ }:
3
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl~
vRebuttable Presumptions

%All confirmations, determinations and3+bookings by the Agent or a Bank with regard1)to an interest rate or an amount of money
0
(in the context of the Contract Documents.&establishes the rebuttable presumption5that it is correct unless there is an obviouserror.~
z80Statements pursuant to 8 of the Money Laundering Act ( Geldw schegesetz )7/The Borrower declares by their countersignature/'under this Facility Agreement that they4,have acted for their own account with regard%to the drawing of the Loans .~
~/'Requirement of Written Form, Amendments!to the Facility Agreement ?@2*Each change or supplement to this Facility0(Agreement requires written form in order3+to be valid to the extent that the law doesD lB6*=Z }A5Gpd !"#$%&'()*+,./012 6 .not require a stricter form. This also applies!!3!+to any amendments to this clause on written""
"form.#$ 333333?@$6$.The Agent can agree on changes and supplements%%0%(to this Facility Agreement and can waive&&0&(the exercise of rights or the compliance''6'.with obligations under this Facility Agreement((2(*with regard to the Borrower in the name of))8)0the Banks with the prior consent of the Majority***
of Banks .+, L?@,2,*The prior consent of all Banks , which the*"Agent will obtain, is required for./$0____________________________11)Created by Morningstar Document Research.02(http://documentresearch.morningstar.com/*h_6*:FrfZ2=PF0*8X>
@221100
l $"W
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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$
FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl(a)4,each amendment of Clause 27.1 or this Clause
31.3;
(b)4,extensions of time or other changes in dates%for payment of interest or principal;
(c)2*an increase in the amount of the loan or a/'reduction of amounts payable under thisFacility Agreement;(d)4,a waiver of or other change in preconditions7/for drawing down under this Facility Agreement;(e)#the release of a Security ;(f)0(an amendment to the event of default setforth in Clause 20.1;(g)2*an amendment to the definition of Majority
of Banks ; or(h)1)other measures to the extent that this is7/expressly set forth in this Facility Agreement.D lB6*~a
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl~
/'Exercise of Rights, Severability Clause
@@
8
0If the Agent and/or the Banks waive the exercise/'of rights under this Facility Agreement0(in a specific case, this does not affect
/
'the assertion of other rights. A waiver6.by the Agent or one of the Banks is only valid2*if it has been notified to the Borrower inwriting. @@1)If a provision in this Facility Agreement/'is or becomes invalid or unenforceable,2*this does not affect the other provisions..&The invalid or unenforceable provision91will be replaced by another valid and enforceable.&provision which the Parties would have0(agreed to if they had given thought upon%conclusion of this Facility Agreement1)to the invalidity or the unenforceability91of the respective provision and which corresponds4,to the intent of the Parties in light of the/'purpose of this Facility Agreement. The.&above provision applies accordingly if.&this Facility Agreement does not coverD
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a subject.!~
" "'"Rights of SetOff and Retention#$$0$(A right of setoff and retention for the%%0%(Borrower does not exist unless the claim&&0&(of the Borrower has been determined by a''2'*final judgment or if it is not disputed by(('(either the Agent or the Banks .)~
* **Notices+,,/,'Each notice under or in connection with0(this Facility Agreement should be issued..1.)in writing and must be transmitted either//2/*personally or by mail, email or by fax to00(0 the following contact addresses:1222To the Borrower :344&4First Solar Manufacturing GmbH555MarieCurieStr. 366615236 Frankfurt (Oder)7888Attn.: Bernhard Bischof999Tel.: 0335 52102104:::Fax.: 0335 52102137;;';email: bbischof@firstsolar.com<=='=To FS GmbH and/or FS Holdings :>??!?First Solar Holdings GmbHDlu)Cp$E9F:L@@ABCDEF@AAARheinstrasse 4NBC$D____________________________1E)Created by Morningstar Document Research.0F(http://documentresearch.morningstar.com/tx=PF0*8X>
@FFEEDD
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl55116 Mainz
Attn.: Karlheinz HarzTel.: 061311443300Fax.: 06131144500
$
email: kharz@firstsolar.com0(To the Agent , the Security Agent and/or the Banks%IKB Deutsche Industriebank AG"Strukturierte FinanzierungTransaktionsmanagement WilhelmB tzkesStra e 140474 D sseldorf!Attn.: Mr. Sven DalkowskiTel.: 021182213291Fax.: 021182213591$Email: sven.dalkowski@ikb.de0(Changes in the contact addresses must beDlB6*s=xl+wCfZ !"#$%&'()*+,./0123456789:;<=>? 1 )notified to the Agent by giving two weeks!!.!&advanced notice. The Agent will inform""4",the other Parties to this Facility Agreement###%about the change without undue delay.$%%4%,The change of a contact address to a foreign&&2&*country requires the prior written consent'''of the Agent .(~
) )$)Jurisdiction, Applicable Law*+ ̌A@+/+'Exclusive jurisdiction for all disputes,,1,)under or in connection with this Facility5Agreement is D sseldorf. This does not affect..4.,different mandatory statutory jurisdictions./0 A@010)This Facility Agreement is subject to the1101(laws of the Federal Republic of Germany.2~
3 3 3Provisions on Guarantors45505(The guarantee decision attached as Annex6676/6a ( Decision on the approval of the deficiency77/7'guarantees plus pertinent supplements )8828*is an integral part of this Agreement. All9909(provisions and obligations to be imputed::/:'to the Facility Agreement in accordance;;0;(with the Guarantee Decision are herewith<<4<,agreed upon, even if they are not separately==/='indicated in the Facility Agreement. In>?D lit&I[OfZp"?@AB$@____________________________1A)Created by Morningstar Document Research.0B(http://documentresearch.morningstar.com/
(=PF0*8X>
@BBAA@@
l
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl/'case of doubt and any contradictions to 3 +other provisions of the Facility Agreement,

%the guarantee decision shall prevail.3+As a supplement to the provisions contained
1
)in this Facility Agreement, the terms and/'conditions for the Deficiency Guarantee2*including the General Terms and Conditions.&for Assuming Guarantors by the Federal3+Republic of Germany and Parallel Guarantors80issued by the States ( Allgemeinen Bestimmungen:2f r B rgschafts bernahmen durch die Bundesrepublik1)Deutschland (Bund) und parallel b rgender0(Bundesl nder ) pursuant to Annex 6b areapplicable./'The guarantors have the right to engage2*commissioned parties in the administration&of the Deficiency Guarantees .$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/D! lB6*;/Ha
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l $
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl Mainz, on D sseldorf, on
+# First Solar Manufacturing GmbH%IKB Deutsche Industriebank AG

%as Agent and in the name of the Banks Mainz, on Mainz, on First Solar GmbH!First Solar Holdings GmbH$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/8#B6*w^(vN=PF0*8X>
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/2008kcNow, therefore, on the basis of the instructions on the application for the Federal guarantees incl~
2*Confirmation of First Solar Inc. in regard 3 +to its obligations relating to the Facility
5
Agreement , in particular under the guarantee3+issued by it to secure the claims under the%Facility Agreement ( Acknowledgement
and Reaffirmation );~
5Legal opinion of First Solar Inc. s attorneys7/in light of the binding Verpflichtungserkl rung2*USA I ( Sponsors Agreement ) according to1)Attachment 9b to the Facility Agreement ;~
4,Legal Opinion of First Solar Inc. s attorney/'in light of the Verpflichtungserkl rung7/USA II ( Agreement and Undertaking ) according4,to Attachment 9c of the Facility Agreement ;$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/>(0B6*.^R^h=PF0*8X>
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)James R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
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FIRST SOLAR, INC.10Q
05/02/20084.2 Governing Law If to Employer: First Solar, Inc.
28101 Cedar Park BlvdPerrysburg, OH 43551"Attention: Human Resources
If to Employee:2*To Employee s then current address on file
with Employer$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/.fp470=PF0*8X>
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing Law!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }U}$ }I }$
FIRST SOLAR, INC.10Q
05/02/2008James R. Miller FIRST SOLAR, INC.
By
Name:
Title:
EMPLOYEE:NAMEDateSigned:$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/6~r6F_#xlD=PF0*8X>
@*
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!Confidentiality and Intellectua
NO TITLENO TITLE (1)NO TITLE (2)U }$ }}$ }2
FIRST SOLAR, INC.10Q
05/02/20086.NONCOMPETITION AND NONSOLICITATION AGREEMENT If to Employer: First Solar, Inc.
)
!4050 East Cotton Center BoulevardBuilding 6, Suite 68Phoenix, Arizona 85040
*
"Attention: Chief Executive OfficerFax: (602) 4149400If to Employee:2*To Employee s then current address on file
with Employer$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/2`wk_S^^^ =PF0*8X>
@
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT
NO TITLENO TITLE (1)NO TITLE (2)U }0}$ }
FIRST SOLAR, INC.10Q
05/02/2008;3Confidentiality and Intellectual Property Agreement Employee: James R. Miller
Place of Signing:Phoenix, Arizona
Date: March 31, 2008$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/*hrfZN*a)=PF0*8X>
@
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dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and IntellectuaNO TITLE (1)NO TITLE (2)U }<(}$ }m
FIRST SOLAR, INC.10Q
05/02/2008NO TITLE Name Jurisdiction
First Solar GmbHGermany!First Solar Holdings GmbHGermany&
First Solar Manufacturing GmbH
Germany"Minera Teloro S.A. de C.V.Mexico)!First Solar FE Holdings Pte. Ltd. Singapore&First Solar Malaysia Sdn. Bhd.Malaysia!First Solar Electric, LLC
United StatesFSE Blythe I, LLC
United States%FSE Blythe Land Holdings, LLC
United States$____________________________1)Created by Morningstar Document Research.0(http://documentresearch.morningstar.com/6yU!M q'W=PF0*8X>
@
l 2
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (2)U }$ }}$ }8
2
FIRST SOLAR, INC.10Q
05/02/2008NO TITLE(a)%Designed such disclosure controls and  %procedures, or caused such disclosure
.
&controls and procedures to be designed6.under our supervision, to ensure that material/'information relating to the registrant,
0
(including its consolidated subsidiaries,2*is made known to us by others within those0(entities, particularly during the period/'in which this report is being prepared;(b)5Designed such internal control over financial2*reporting, or caused such internal control/'over financial reporting to be designed4,under our supervision, to provide reasonable.&assurance regarding the reliability of/'financial reporting and the preparation5of financial statements for external purposes%in accordance with generally acceptedaccounting principles;(c)7/Evaluated the effectiveness of the registrant s.&disclosure controls and procedures and0(presented in this report our conclusions1)about the effectiveness of the disclosureD
ly!vi`TC:B6~ !"#$%&'()*+,./01 1 )controls and procedures, as of the end of!!!/!'the period covered by this report based""""on such evaluation; and#$$(d)$2$*Disclosed in this report any change in the%%%4%,registrant s internal control over financial&&&7&/reporting that occurred during the registrant s'''4',most recent fiscal quarter (the registrant s(((6(.fourth fiscal quarter in the case of an Annual))))%Report) that has materially affected,***5*or is reasonably likely to materially affect,+++.+&the registrant s internal control over,,, ,financial reporting; and.$/____________________________10)Created by Morningstar Document Research.01(http://documentresearch.morningstar.com/(6TP D+y#=PF0*8X>
@1100//
l 2G
dMbP?_*+%,&٭e2?'٭e2?(٭e2?)٭e2?",D/??v!350 West Washington Street SuitIncome Statement
Balance Sheet
Cash Flows!Note 4 Goodwill and Intangible Note 4 Goodwill and (1)Note 4 Goodwill and (2)Note 6 Marketable SecuritiesNote 6 Marketable (1)!Note 7 Consolidated Balance SheNote 7 Consolidated (1)Note 7 Consolidated (2)Note 7 Consolidated (3)Note 7 Consolidated (4)Note 7 Consolidated (5)!Note 8 Derivative Financial InsNote 8 Derivative (1)Note 8 Derivative (2)Note 8 Derivative (3)Note 8 Derivative (4)Note 8 Derivative (5)Note 14 Net Income per ShareNote 14 Net Income per (1)Note 14 Net Income per (2)Note 15 Comprehensive IncomeNote 15 Comprehensive (1)!Note 16 Statement of Cash Flows Note 16 Statement of Cash (1)Note 17 Segment ReportingNote 17 Segment (1)Note 17 Segment (2)Note 17 Segment (3)Note 17 Segment (4)Note 17 Segment (5)Note 17 Segment (6)Note 17 Segment (7)Note 17 Segment (8)Note 17 Segment (9)Note 17 Segment (10)Note 17 Segment (11)Note 17 Segment (12)Commodity and Component RiskCommodity and Component (1)!Landesbank Sachsen AktiengesellLandesbank Sachsen (1)!Now therefore on the basis of tNow therefore on the (1)Now therefore on the (2)Now therefore on the (3)Now therefore on the (4)Now therefore on the (5)Now therefore on the (6)Now therefore on the (7)Now therefore on the (8)Now therefore on the (9)Now therefore on the (10)Now therefore on the (11)Now therefore on the (12)Now therefore on the (13)Now therefore on the (14)Now therefore on the (15)Now therefore on the (16)Now therefore on the (17)Now therefore on the (18)Now therefore on the (19)Now therefore on the (20)Now therefore on the (21)Now therefore on the (22)Now therefore on the (23)Now therefore on the (24)Now therefore on the (25)Now therefore on the (26)Now therefore on the (27)Now therefore on the (28)Now therefore on the (29)Now therefore on the (30)Now therefore on the (31)Now therefore on the (32)Now therefore on the (33)Now therefore on the (34)Now therefore on the (35)Now therefore on the (36)Now therefore on the (37)Now therefore on the (38)Now therefore on the (39)Now therefore on the (40)Now therefore on the (41)Now therefore on the (42)Now therefore on the (43)Now therefore on the (44)Now therefore on the (45)Now therefore on the (46)Now therefore on the (47)Now therefore on the (48)Now therefore on the (49)Now therefore on the (50)Now therefore on the (51)Now therefore on the (52)Now therefore on the (53)Now therefore on the (54)Now therefore on the (55)Now therefore on the (56)Now therefore on the (57)Now therefore on the (58)Now therefore on the (59)Now therefore on the (60)Now therefore on the (61)Now therefore on the (62)Now therefore on the (63)Now therefore on the (64)Now therefore on the (65)Now therefore on the (66)42 Governing LawJames R Miller!NONCOMPETITION AND NONSOLICITAT!Confidentiality and Intellectua
NO TITLENO TITLE (1)U }$ }}$ }8
2
FIRST SOLAR, INC.10Q
05/02/2008NO TITLE(a)%Designed such disclosure controls and  %procedures, or caused such disclosure
.
&controls and procedures to be designed6.under our supervision, to ensure that material/'information relating to the registrant,
0
(including its consolidated subsidiaries,2*is made known to us by others within those0(entities, particularly during the period/'in which this report is being prepared;(b)5Designed such internal control over financial2*reporting, or caused such internal control/'over financial reporting to be designed4,under our supervision, to provide reasonable.&assurance regarding the reliability of/'financial reporting and the preparation5of financial statements for external purposes%in accordance with generally acceptedaccounting principles;(c)7/Evaluated the effectiveness of the registrant s.&disclosure controls and procedures and0(presented in this report our conclusions1)about the effectiveness of the disclosureD
ly!vi`TC:B6~ !"#$%&'()*+,./01 1 )controls and procedures, as of the end of!!!/!'the period covered by this report based""""on such evaluation; and#$$(d)$2$*Disclosed in this report any change in the%%%4%,registrant s internal control over financial&&&7&/reporting that occurred during the registrant s'''4',most recent fiscal quarter (the registrant s(((6(.fourth fiscal quarter in the case of an Annual))))%Report) that has materially affected,***5*or is reasonably likely to materially affect,+++.+&the registrant s internal control over,,, ,financial reporting; and.$/____________________________10)Created by Morningstar Document Research.01(http://documentresearch.morningstar.com/(6TP D+y#=PF0*8X>
@1100//
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