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Hemlock Semiconductor Corporation v. Kyocera Corporation
United States Court of Appeals for the Sixth Circuit
747 Fed. Appx 285 (2018)
Hemlock Semiconductor Corporation and Hemlock Semiconductor, LLC (plaintiffs) supplied Kyocera Corporation (defendant) with polysilicon to make solar panels under take-or-pay contracts requiring Kyocera to buy at specified prices over 10 years. Kyocera could buy a specific quantity each year or decline, but still had to pay full price. The contracts contained no make-up provisions allowing carryovers for purchases the following years. Hemlock could also accelerate amounts due, meaning all remaining take-or-pay payments, if Kyocera defaulted. When the price of polysilicon tanked. Kyocera renegotiated a lower price temporarily, but eventually Hemlock said it would enforce the take-or-pay provisions. Hemlock sued for a declaration that Kyocera had repudiated. Kyocera countered that the “pay” and acceleration provisions were unlawful. The trial court dismissed Kyocera’s counterclaims, and Kyocera appealed.
Rule of Law
Holding and Reasoning (Thapar, J.)
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