8-KMaterial AgreementsRegulation FDExhibits & Filings

APPLIED MATERIALS INC /DE 8-K Report, Material Agreement (Nov 30, 2010)

Filed November 30, 2010For Securities:AMAT

Summary

Applied Materials, Inc. (AMAT) filed an 8-K on November 29, 2010, to disclose a material definitive agreement with Samsung Electronics Co., Ltd. The core of this filing is a Settlement Agreement designed to resolve potential civil claims arising from alleged misappropriation of Samsung's confidential semiconductor information. This agreement aims to avoid civil litigation and is distinct from ongoing criminal proceedings in Korea against individuals, where Applied Materials is not a defendant. The Agreement, effective for three years from November 1, 2010, outlines financial arrangements where Applied Materials will offer volume-based rebates and incentives to Samsung on purchases of semiconductor products and systems. These incentives are tied to Samsung's purchase volume and also extend to new applications and joint development activities. While the specific financial impact is contingent on Samsung's future purchasing behavior, it's notable that Samsung represented approximately 10% of Applied Materials' net sales in fiscal 2009, making this a significant customer relationship.

Key Highlights

  • 1Applied Materials (AMAT) entered into a Settlement Agreement with Samsung Electronics on November 29, 2010.
  • 2The agreement resolves potential civil claims related to alleged misappropriation of Samsung's confidential semiconductor information.
  • 3The settlement is separate from ongoing criminal proceedings in Korea, where AMAT is not a defendant.
  • 4The agreement is effective for a three-year period starting November 1, 2010.
  • 5Applied Materials will provide volume-based rebates and incentives to Samsung on product purchases and system usage.
  • 6Incentives include those for new applications and joint development activities.
  • 7Samsung accounted for approximately 10% of AMAT's consolidated net sales in fiscal 2009.

Frequently Asked Questions

The primary purpose is to resolve potential civil claims and avoid civil litigation between the two companies. These claims stem from alleged acquisition, misappropriation, and misuse of Samsung's confidential semiconductor information, which is also the subject of criminal proceedings in Korea.

No, the settlement terms pertain only to potential civil claims between Applied Materials and Samsung. They are separate from and do not affect the ongoing criminal proceedings against individual defendants in the Republic of Korea, in which Applied Materials is not a party.

Applied Materials will offer volume-based rebates and incentives to Samsung and its affiliates. These incentives are tied to the volume of Samsung's purchases of semiconductor products and systems, and also apply to new applications and joint development activities. The ultimate financial impact depends on Samsung's purchase volume.

Samsung was a significant customer, accounting for approximately 10% of Applied Materials' consolidated net sales in fiscal 2009. The new agreement's financial impact will be contingent on Samsung's future purchasing behavior under the new terms.