EXECUTION COPY SHAREHOLDERS AGREEMENT This SHAREHOLDERS AGREEMENT is dated as of February 26, 1998, by and among MCMS, Inc., an Idaho corporation and f/k/a Micron Custom Manufacturing Services, Inc. (the "Company"); Cornerstone Equity Investors IV,...Shareholders Agreement • April 24th, 1998 • McMS Inc • Idaho
REVOLVING CREDIT, EQUIPMENT LOAN AND SECURITY AGREEMENT PNC BANK, NATIONAL ASSOCIATION (AS LENDER AND AS AGENT) WITH MCMS, INC. (BORROWER) February 26, 1999 21McMS Inc • April 16th, 1999 • Electronic components, nec
MCMS, INC. as Issuer and UNITED STATES TRUST COMPANY OF NEW YORK as Trustee INDENTUREMcMS Inc • April 24th, 1998 • New York
AS AGENTCredit Agreement • April 24th, 1998 • McMS Inc • New York
TOLoan and Security Agreement • July 16th, 1999 • McMS Inc • Electronic components, nec • New York
EXHIBIT F [Conformed as executed] PLEDGE AGREEMENT PLEDGE AGREEMENT, dated as of February 26, 1998 (as amended, modified or supplemented from time to time, this "Agreement"), made by each of the undersigned pledgors (each, a "Pledgor" and, together...Pledge Agreement • April 24th, 1998 • McMS Inc • New York
MCMS, Inc. $145,000,000 9-3/4% Senior Subordinated Notes due 2008 $30,000,000 Floating Interest Rate Subordinated Term Securities due 2008 and 250,000 Shares 12-1/2% Senior Exchangeable Preferred StockMcMS Inc • April 24th, 1998 • New York
MCMS, INC. as Issuer and UNITED STATES TRUST COMPANY OF NEW YORK as Trustee INDENTUREMcMS Inc • April 24th, 1998 • New York
Period Ratio Thereafter to but not including the last day of the Borrower's fiscal quarter ending on or about August 31, 1999 6.5:1.0 4. In order to induce the Banks to enter into this Amendment, the Borrower hereby represents and warrants that (i) no...McMS Inc • July 13th, 1998 • Electronic components, nec • New York
Exhibit 10.9 (a) MCMS, INC. 16399 FRANKLIN ROAD NAMPA, IDAHO 83687 October 12, 1998 David Garcia 15200 Blackberry Hill Road Los Gatos, California 95032 Dear David: This letter agreement sets forth the terms of your ("Executive") employment with MCMS,...McMS Inc • January 15th, 1999 • Electronic components, nec • Idaho
OFFICE LEASE betweenOffice Lease • April 24th, 1998 • McMS Inc • Idaho
EXECUTION COPY MANAGEMENT SERVICES AGREEMENT THIS MANAGEMENT SERVICES AGREEMENT dated as of February 26, 1998 is between MCMS, Inc., an Idaho corporation and f/k/a Micron Custom Manufacturing Services, Inc. (the "Company"), and Cornerstone Equity...Management Services Agreement • April 24th, 1998 • McMS Inc • New York
BETWEEN KLIH PROJECT MANAGEMENT SDN. BHD. (Company No.14962-D) ("LESSOR") AND MEC AUDIO VISUAL PRODUCTS SDN. BHD. (Company No.170217-X) ("MEC") AND MCMS SDN. BHD. (Company No.399136-M) ("LESSEE")McMS Inc • July 16th, 1999 • Electronic components, nec
SUPPLEMENTAL INDENTURE Dated as of April 23, 1998Indenture • June 11th, 1998 • McMS Inc • Electronic components, nec
EXECUTION COPY REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT is dated as of February 26, 1998 by and among MCMS, Inc., an Idaho corporation and f/k/a Micron Custom Manufacturing Services, Inc. (the "Company"); Cornerstone Equity...Registration Rights Agreement • April 24th, 1998 • McMS Inc • Idaho
Exhibit 10.20 (a) MCMS, INC. AGREEMENT EVIDENCING A GRANT OF A NONQUALIFIED STOCK OPTION UNDER 1998 STOCK OPTION PLAN Agreement made as of **** between MCMS, Inc., an Idaho corporation (the "Company"), and **** ("Grantee"). Capitalized terms used but...McMS Inc • January 15th, 1999 • Electronic components, nec
Exhibit 10.9 (b) December 2, 1998 Mr. Richard Downing 4 Natalies Way Governors Island Gilford, New Hampshire 03246 Dear Rich: This letter agreement sets forth the terms of your ("Executive") employment with MCMS, Inc., an Idaho corporation (the...McMS Inc • January 15th, 1999 • Electronic components, nec • Idaho
among MCMS, INC., CERTAIN SUBSIDIARIES OF MCMS, INC. andSecurity Agreement • April 24th, 1998 • McMS Inc • New York
AMENDMENT NO. 1 TO THE AMENDED AND RESTATED RECAPITALIZATION AGREEMENTRecapitalization Agreement • April 24th, 1998 • McMS Inc
Exhibit 10.17 TENANCY AGREEMENT THIS AGREEMENT is made 1st day of October 1996, between R.S. ROADSTAR ELECTRONICS (M)SDN.BHD.,(Company No. ) a company incorporated in Malaysia and having its registered office at No. 37, 10400 Anson Road, Penang...Tenancy Agreement • November 9th, 1998 • McMS Inc • Electronic components, nec
FRAME MANUFACTURING AGREEMENT BETWEEN ALCATEL BELL N.V. AND M.C.M.S. BELGIUM S.A. Dated November 18, 1997 2 FRAME MANUFACTURING AGREEMENT This Frame Manufacturing Agreement (the "Frame Agreement") is dated as of November 18, 1997 by and between MCMS...McMS Inc • April 24th, 1998 • Brussels
1 Exhibit 10.15 INTERIM AGREEMENT TO PROVIDE ELECTRIC SERVICE THIS AGREEMENT, dated February 25, 1998, is by and between MICRON ELECTRONICS, INC., 900 East Karcher Road, Nampa, Idaho 83687 ("MEI"), Idaho Power Company, P.O. Box 70, Boise, Idaho...Interim Agreement • April 24th, 1998 • McMS Inc • Idaho
1 Exhibit 10.10 MICRON CUSTOM MANUFACTURING SERVICES, INC. 16399 FRANKLIN ROAD NAMPA, IDAHO 83687 January 23, 1998 John McCarvel c/o Micron Custom Manufacturing Services, Inc. 16399 Franklin Road Nampa, Idaho 83687 This letter agreement sets forth the...McMS Inc • April 24th, 1998 • Idaho
ARTICLE 1 PROVISION OF SERVICESProprietary Software License Agreement • April 24th, 1998 • McMS Inc • Idaho
Exhibit 10.21 FORM OF INDEMNIFICATION AGREEMENT This Indemnification Agreement ("Agreement") is made as of this *** day of ***, 1997, by and between Micron Custom Manufacturing Services, Inc., an Idaho corporation (the "Company"), and *****,...Form of Indemnification Agreement • April 24th, 1998 • McMS Inc • Idaho
1 Exhibit 10.24 FORM OF MTI AGREEMENT THIS AGREEMENT (this "Agreement") is made as of February 26, 1998 (the "Effective Date"), by and between Micron Technology, Inc., a Delaware corporation ("MTI") and MCMS, Inc. (f/k/a Micron Custom Manufacturing...Form of Mti Agreement • June 11th, 1998 • McMS Inc • Electronic components, nec • Idaho
1 Exhibit 10.8 MICRON CUSTOM MANUFACTURING SERVICES, INC. 16399 FRANKLIN ROAD NAMPA, IDAHO 83687 January 23, 1998 Chris Anton c/o Micron Custom Manufacturing Services, Inc. 16399 Franklin Road Nampa, Idaho 83687 This letter agreement sets forth the...McMS Inc • April 24th, 1998 • Idaho
1 Exhibit 10.3 ---------------------------------------------------------------- ---------------- REGISTRATION RIGHTS AGREEMENT Dated as of February 26, 1998Registration Rights Agreement • April 24th, 1998 • McMS Inc • New York
EXHIBIT DPatent and Invention Disclosure Assignment and License Agreement • June 11th, 1998 • McMS Inc • Electronic components, nec • Idaho
Exhibit 10.4(d) Loan Agreement LOAN AGREEMENT CORNERSTONE EQUITY INVESTORS IV, L.P., BANKERS TRUST COMPANY, OAK INVESTMENT FUNDS AND AUGUST CAPITAL (AS LENDERS) WITH MCMS, INC. (BORROWER) February 29, 2000 LOAN AGREEMENT Loan Agreement dated as of...Loan Agreement Loan Agreement • April 12th, 2000 • McMS Inc • Electronic components, nec • New York
1 Exhibit 10.23 KNOW-HOW LICENSE AGREEMENT This Agreement is made effective as of February 26, 1998 ("Effective Date"), between Micron Electronics, Inc. ("MEI"), a corporation having an office at 900 East Karcher Road, Nampa, Idaho 83687, and MCMS,...Know-How License Agreement • June 11th, 1998 • McMS Inc • Electronic components, nec • Idaho
Exhibit 10.17 (b) SUBLEASE AGREEMENT THIS SUBLEASE AGREEMENT made this 6th day of October, 1999 is entered into by and between SMTC de Mexico, S.A. de C.V. (hereinafter referred to as the "Sublandlord") represented herein by its President and Sole...Sublease Agreement • November 5th, 1999 • McMS Inc • Electronic components, nec
EMPLOYMENT AGREEMENT MCMS, INC. 16399 FRANKLIN ROAD NAMPA, IDAHO 83687 December 3, 1999 Richard Rowe 13625 Ronnie Way Saratoga, California 95070 This letter agreement sets forth the terms of your ("Executive") employment with MCMS, Inc. (the...Employment Agreement • January 13th, 2000 • McMS Inc • Electronic components, nec • Idaho
1 Exhibit 10.7 MICRON CUSTOM MANUFACTURING SERVICES, INC. 16399 FRANKLIN ROAD NAMPA, IDAHO 83687 January 23, 1998 Robert F. Subia c/o Micron Custom Manufacturing Services, Inc. 16399 Franklin Road Nampa, Idaho 83687 This letter agreement sets forth...McMS Inc • April 24th, 1998 • Idaho
Exhibit 10.9(c) EMPLOYMENT AGREEMENT MCMS, INC. 16399 FRANKLIN ROAD NAMPA, IDAHO 83687 December 21, 1998 Angelo Ninivaggi 11193 Hickory Bark Drive Boise, Idaho 83713 Dear Angelo: This letter agreement sets forth the terms of your ("Executive")...Employment Agreement • November 5th, 1999 • McMS Inc • Electronic components, nec • Idaho
