MICROTUNE INC - FORM 8-K - February 19, 2010

Attached files

file filename
EX-10.3 - FIRST AMENDED AND RESTATED SEMICONDUCTOR CUSTOM MANUFACTURING - MICROTUNE INCdex103.htm
EX-10.4 - SEMICONDUCTOR CUSTOM MANUFACTURING ATTACHMENT NO. 3 - MICROTUNE INCdex104.htm
EX-10.1 - AMENDMENT NO. 4 TO CUSTOM SALES AGREEMENT NO. 000569 - MICROTUNE INCdex101.htm
EX-10.2 - EIGHTH AMENDED AND RESTATED SEMICONDUCTOR CUSTOM MANUFACTURING - MICROTUNE INCdex102.htm

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 

 

FORM 8-K

 

 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): February 12, 2010

 

 

Microtune, Inc.

(Exact name of registrant as specified in its charter)

 

 

 

Delaware   000-31029-40   75-2883117

(State or other jurisdiction

of incorporation)

  

(Commission

File Number)

  

(IRS Employer

Identification No.)

2201 10th Street, Plano, Texas   75074
(Address of principal executive offices)   (Zip Code)

(972) 673-1600

(Registrant’s telephone number, including area code)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨  

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨  

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨  

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨  

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 

Item 1.01 Entry Into A Material Definitive Agreement.

On February 12, 2010, Microtune, Inc. (the “Company” or “Microtune”) and International Business Machines Corporation (“IBM”) entered into Amendment No. 4 (the “Amendment”) to that certain Custom Sales Agreement No. 000569 dated as of June 13, 2000 (the “IBM Agreement”) which extended the term of the IBM Agreement to January 31, 2013.

On February 12, 2010, Microtune and IBM entered into the Eighth Amended and Restated Semiconductor Custom Manufacturing Attachment No. 1 (“Attachment No. 1”) and the First Amended and Restated Semiconductor Custom Manufacturing Attachment No. 2 ( “Attachment No. 2”) and Semiconductor Custom Manufacturing Attachment No. 3 (“Attachment No. 3,” collectively with Attachment No. 1 and Attachment No. 2, the “Attachments”) to the IBM Agreement, which, among other things, modified certain pricing and other contractual terms. The IBM Agreement governs the provision of semiconductor manufacturing services by IBM to Microtune on a purchase order basis. IBM has no obligation to supply products to the Company and the Company has no obligation to purchase products from IBM for any specific period or in any specific quantity, except as is set forth and agreed upon by the parties in a particular purchase order.

The foregoing descriptions of the Amendment and the Attachments are qualified in their entirety by reference to the applicable text of the Amendment and the Attachments, filed as Exhibits 10.1, 10.2, 10.3 and 10.4 hereto and incorporated herein by reference.

 

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

 

Exhibit
Number

  

Exhibit Title

10.1   Amendment No. 4 to Custom Sales Agreement No. 000569 between International Business Machines Corporation and the Registrant dated February 12, 2010.
10.2(†)   Eighth Amended and Restated Semiconductor Custom Manufacturing Attachment No. 1 to Custom Sales Agreement No. 000569 between International Business Machines Corporation and the Registrant dated February 12, 2010.
10.3(†)   First Amended and Restated Semiconductor Custom Manufacturing Attachment No. 2 to Custom Sales Agreement No. 000569 between International Business Machines Corporation and the Registrant dated February 12, 2010.
10.4(†)   Semiconductor Custom Manufacturing Attachment No. 3 to Custom Sales Agreement No. 000569 between International Business Machines Corporation and the Registrant dated February 12, 2010.

 

†

Portions of this exhibit were omitted pursuant to a request for confidential treatment and filed separately.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Company has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

    MICROTUNE, INC.
Date: February 19, 2010     By:   /s/ Phillip D. Peterson
    Name:   Phillip D. Peterson
    Title:   General Counsel

EXHIBIT INDEX

 

Exhibit
Number

  

Exhibit Title

10.1   Amendment No. 4 to Custom Sales Agreement No. 000569 between International Business Machines Corporation and the Registrant dated February 12, 2010.
10.2(†)   Eighth Amended and Restated Semiconductor Custom Manufacturing Attachment No. 1 to Custom Sales Agreement No. 000569 between International Business Machines Corporation and the Registrant dated February 12, 2010.
10.3(†)   First Amended and Restated Semiconductor Custom Manufacturing Attachment No. 2 to Custom Sales Agreement No. 000569 between International Business Machines Corporation and the Registrant dated February 12, 2010.
10.4(†)   Semiconductor Custom Manufacturing Attachment No. 3 to Custom Sales Agreement No. 000569 between International Business Machines Corporation and the Registrant dated February 12, 2010.

 

†

Portions of this exhibit were omitted pursuant to a request for confidential treatment and filed separately.

MICROTUNE INC Reports