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

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photovoltaic cell or modules, and we have entered into non-competition agreements with some of our<br />

customers, pursuant to which we have agreed not to engage in the production of solar cell or modules based on<br />

current wafer technology for the next 10 years.<br />

We believe that the key competitive factors in our solar wafer market include:<br />

‚ cost competitiveness and price;<br />

‚ continuous access to polysilicon feedstock;<br />

‚ product quality;<br />

‚ economies of scale;<br />

‚ advanced technology and manufacturing processes; and<br />

‚ strong global distribution channels.<br />

Some companies have spent significant resources in the research and development of proprietary solar<br />

technologies that may eventually produce photovoltaic products at costs similar to, or lower than, those of<br />

multicrystalline wafers without compromising product quality. For example, they are developing or currently<br />

producing photovoltaic products based on thin film photovoltaic materials, which require significantly less<br />

polysilicon to produce than multicrystalline solar products. These alternative photovoltaic products may cost<br />

less than those based on multicrystalline technologies while achieving the same level of conversion efficiency.<br />

The solar industry in general also competes with other sources of renewable energy and conventional power<br />

generation.<br />

Property<br />

We both own and lease properties for our operations. When we state that we own certain properties in<br />

China, we own the relevant land use rights because land is owned by the PRC state under the PRC land<br />

system.<br />

Owned property<br />

We own the land use rights to the underlying parcel of land for our manufacturing facilities located at the<br />

Hi-Tech Industrial Park, Xinyu city, Jiangxi province of China. As of March 31, 2007, the total site area that<br />

we owned was approximately 357,815 square meters for an original term of 50 years expiring on May 20, 2055,<br />

renewable upon its expiration. The gross floor area of our plants in Xinyu Hi-Tech Industrial Park was<br />

approximately 73,869 square meters as of March 31, 2007 and is expected to increase to approximately<br />

102,151 square meters when we complete the new plant in the third quarter of 2007. We occupy our owned<br />

properties for purposes of manufacturing, research and development and as a headquarter office and employee<br />

living quarters.<br />

Leased property<br />

We currently sub-lease 208 square meters of office space in Shanghai from Suzhou Liouxin free of<br />

charge. This sub-lease will expire in November 2007. See ""Related Party Transactions Ì Sublease of<br />

Property'' in this prospectus.<br />

Intellectual Property Rights<br />

We have developed various production process related know-how and technologies in-house. In addition,<br />

we have embarked on a number of research and development programs, including our collaboration with<br />

Shanghai Jiaotong University, with a view to developing techniques and processes that will improve conversion<br />

efficiency and product quality. We currently do not have any patents or patent applications pending in China<br />

or elsewhere. We rely on nondisclosure agreements, trade secrets and technical know-how to protect our<br />

intellectual property and proprietary rights. We have entered into confidentiality, assignment of inventions and<br />

non-competition agreements with our executive employees, engineers and technicians. We have also entered<br />

into confidentiality arrangements with other employees, suppliers and distributors. Pursuant to the confidentiality,<br />

assignment of inventions and non-competition agreements, our senior employees, engineers and<br />

technicians have agreed and acknowledged that we own the rights to all technology, inventions, trade secrets,<br />

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