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LDK Solar Co., Ltd. - Asia Europe Clean Energy (Solar) Advisory Co ...

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The non-cancelable purchase obligations relating to raw materials in the above table included an<br />

aggregate amount of $729.6 million relating to a supply contract under which we would purchase raw<br />

materials from Technischer Warenhandel Heller and NCA Fortin Inc., as co-sellers, from 2006 to 2011.<br />

Pursuant to the terms of the contract, we have agreed to prepay each monthly shipment 15 days in advance.<br />

Under the contract, the purchase price will be renegotiated every six months. The $729.6 million included<br />

above was determined based on the annual quantities we agreed to purchase and the purchase price effective<br />

as of December 31, 2006. Pursuant to the contract, we were required to pay an aggregate of $7.2 million in<br />

October and November 2006 for the first shipment of silicon feedstock in November 2006. For each<br />

subsequent monthly shipment between December 2006 and October 2007, we are required to pay $12.0 million<br />

each month at least 15 days before the shipment. Technischer Warenhandel Heller and NCA Fortin Inc.<br />

have not commenced delivery of any polysilicon as required and have informed us that delivery under this<br />

contract will be delayed. We have paid an aggregate of $3.0 million to date under this contract, as our partial<br />

prepayment with respect to the first shipment of silicon feedstock scheduled for delivery in November 2006.<br />

We have not made any additional payments under this contract. We are currently re-negotiating this contract<br />

with Technischer Warenhandel Heller and NCA Fortin Inc. and we expect to enter into a new agreement by<br />

the end of July 2007. There can be no assurance that we will be successful in negotiating a new agreement or<br />

as to the timing of any new agreement. In addition, the terms of any new agreement could be materially less<br />

favorable to us than the current agreement, including a material reduction in the amount of the committed<br />

polysilicon supply. We believe, however, that the outcome of this contract re-negotiation will not have a<br />

material adverse effect on our overall polysilicon supply situation.<br />

The $212.3 million of non-cancelable purchase obligations relating to equipment in the above table<br />

included an aggregate amount of $99.3 million in purchase obligations to HCT Shaping for wafering wire saws<br />

and squarers to be delivered during 2007 and 2008, $91.4 million in purchase obligations to GT <strong>Solar</strong> primarily<br />

for DSS furnaces to be delivered in 2007 and $19.3 million in purchase obligations to Meyer Burger for<br />

wafering wire saws to be delivered in 2007.<br />

As of March 31, 2007, while our long-term debt obligations and short-term debt obligations were<br />

approximately $29.8 million and $61.5 million, respectively, our non-cancelable purchase obligations for raw<br />

materials and equipment were $896.7 million and $197.9 million, respectively. Our non-cancelable purchase<br />

obligation relating to the raw materials supply contract with Technischer Warenhandel Heller and NCA<br />

Fortin Inc. was $726.6 million.<br />

We intend to use a portion of our net proceeds from this offering to purchase raw materials and<br />

equipment. See ""Use of Proceeds.''<br />

Quantitative and Qualitative Disclosure about Market Risks<br />

Foreign exchange risk<br />

A significant portion of our sales is denominated in Renminbi. Our costs and capital expenditures are<br />

largely denominated in U.S. dollars and euros. Fluctuations in currency exchange rates, particularly among the<br />

U.S. dollar, Renminbi and euro, could have a significant impact on our financial condition and results of<br />

operations, affect our gross and operating profit margins and result in foreign exchange and operating losses.<br />

We incurred a foreign currency exchange loss, net, of approximately $1.3 million and $0.5 million for the<br />

year ended December 31, 2006 and the three months ended March 31, 2007, respectively. We currently do not<br />

plan to enter into any hedging arrangements, such as forward exchange contracts and foreign currency option<br />

contracts, to reduce the effect of our foreign exchange risk exposure. Even if we decide to enter into any such<br />

hedging activities in the future, we cannot assure you that we would be able to effectively manage our foreign<br />

exchange risk exposure.<br />

Our financial statements are expressed in U.S. dollars but the functional currency of our principal<br />

operating subsidiary, Jiangxi <strong>LDK</strong> <strong>Solar</strong>, is Renminbi. To the extent Jiangxi <strong>LDK</strong> <strong>Solar</strong> holds assets<br />

denominated in foreign currencies, any appreciation of Renminbi against such foreign currencies could result<br />

in a charge to our income statement and decrease the value of our foreign currency denominated assets. See<br />

note (2)(c) to our audited consolidated financial statements for more information on foreign currency<br />

translations for our financial reporting purposes.<br />

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