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TUNE > SEC Filings for TUNE > Form 8-K on 3-Feb-2009All Recent SEC Filings

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Form 8-K for MICROTUNE INC


3-Feb-2009

Entry into a Material Definitive Agreement, Financial Statements and Exhibits


Item 1.01 Entry Into A Material Definitive Agreement.

On January 28, 2009, Microtune, Inc. (the "Company" or "Microtune") and International Business Machines Corporation ("IBM") entered into Amendment No. 3 (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, 2010. The Amendment is dated to be effective as of January 28, 2009.

On January 28, 2009, Microtune and IBM entered into the Seventh Amended and Restated Semiconductor Custom Manufacturing Attachment No. 1 ("Attachment No. 1") and Semiconductor Custom Manufacturing Attachment No. 2 ("Attachment No. 2", collectively with Attachment No. 1, 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 and 10.3 hereto and incorporated herein by reference.



Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

Exhibit
Number     Exhibit Title
10.1       Amendment No. 3 to Custom Sales Agreement No. 000569 between
           International Business Machines Corporation and the Registrant dated
           January 28, 2009.

10.2(†)    Seventh Amended and Restated Semiconductor Custom Manufacturing
           Attachment No. 1 to Custom Sales Agreement No. 000569 between
           International Business Machines Corporation and the Registrant dated
           January 28, 2009.

10.3(†)    Semiconductor Custom Manufacturing Attachment No. 2 to Custom Sales
           Agreement No. 000569 between International Business Machines
           Corporation and the Registrant dated January 28, 2009.

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


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