Standard Contracts
HUTCHINSON TECHNOLOGY INCORPORATED 2.25% CONVERTIBLE SUBORDINATED NOTES DUE 2010Registration Rights Agreement • March 27th, 2003 • Hutchinson Technology Inc • Electronic components, nec • New York
EXHIBIT 4.6 HUTCHINSON TECHNOLOGY INCORPORATED 2.25% Convertible Subordinated Notes due 2010* Purchase AgreementPurchase Agreement • March 27th, 2003 • Hutchinson Technology Inc • Electronic components, nec • New York
Exhibit 4.6 Dated as of March 3, 1999 Teachers Insurance and Annuity Association of America 730 Third Avenue New York, New York 10017 CIG & Co. c/o CIGNA Investments, Inc. 900 Cottage Grove Road Hartford, Connecticut 06152 Ladies and Gentlemen:...Note Purchase Agreement • May 7th, 1999 • Hutchinson Technology Inc • Electronic components, nec
BETWEENRights Agreement • July 24th, 2000 • Hutchinson Technology Inc • Electronic components, nec • Minnesota
August 31, 2000Master Lease Agreement • December 20th, 2000 • Hutchinson Technology Inc • Electronic components, nec
CREDIT AGREEMENTCredit Agreement • February 2nd, 1996 • Hutchinson Technology Inc • Electronic components, nec • Illinois
COMMON STOCKUnderwriting Agreement • January 8th, 1999 • Hutchinson Technology Inc • Electronic components, nec • New York
MONTGOMERY SECURITIES FORM UNDERWRITING AGREEMENT [Draft of February 5, 1997] 3,375,000 SHARES HUTCHINSON TECHNOLOGY INCORPORATED COMMON STOCK UNDERWRITING AGREEMENT DATED FEBRUARY , 1997Underwriting Agreement • February 5th, 1997 • Hutchinson Technology Inc • Electronic components, nec • New York
FIFTH AMENDMENT TO COMMERCIAL LEASE This Fifth Amendment is made this 11th day of February, 1993, by and between INVESTORS REAL ESTATE TRUST, a North Dakota Business Trust, 12 South Main, Minot, North Dakota, as Landlord, and HUTCHINSON TECHNOLOGY,...Commercial Lease • December 12th, 1995 • Hutchinson Technology Inc • Electronic components, nec
INDENTUREIndenture • April 15th, 1998 • Hutchinson Technology Inc • Electronic components, nec • New York
Exhibit 4.7 Dated as of March 3, 1999 Teachers Insurance and Annuity Association of America 730 Third Avenue New York, New York 10017 CIG & Co. c/o CIGNA Investments, Inc. 900 Cottage Grove Road Hartford, Connecticut 06152 Ladies and Gentlemen:...Note Purchase Agreement • May 7th, 1999 • Hutchinson Technology Inc • Electronic components, nec
THIRD AMENDMENT TO HUTCHINSON TECHNOLOGY INCORPORATED CREDIT AGREEMENTCredit Agreement • January 7th, 1999 • Hutchinson Technology Inc • Electronic components, nec • Illinois
THIS FIRST AMENDMENT TO LEASE (the "Amendment") is made and entered into this 15th day of September, 2000 (the "Effective Date"), by and between Meridian Eau Claire LLC, a Wisconsin limited liability company ("Landlord"), and Hutchinson Technology...Lease Agreement • December 20th, 2000 • Hutchinson Technology Inc • Electronic components, nec
PURCHASE AGREEMENT DATED MARCH 12, 1998Purchase Agreement • April 15th, 1998 • Hutchinson Technology Inc • Electronic components, nec • New York
AGREEMENT AND PLAN OF MERGER dated as of November 1, 2015 among HUTCHINSON TECHNOLOGY INCORPORATED, HEADWAY TECHNOLOGIES, INC., and HYDRA MERGER SUB, INC.Merger Agreement • November 2nd, 2015 • Hutchinson Technology Inc • Electronic components, nec • Minnesota
AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of November 1, 2015, among Hutchinson Technology Incorporated, a Minnesota corporation (the “Company”), Headway Technologies, Inc., a California corporation (“Parent”), and Hydra Merger Sub, Inc., a Minnesota corporation and a wholly owned subsidiary of Parent (“Merger Subsidiary”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 2nd, 2012 • Hutchinson Technology Inc • Electronic components, nec • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of March 28, 2012, by and among Hutchinson Technology Incorporated, a Minnesota corporation, with headquarters located at 40 West Highland Park Drive N.E., Hutchinson, Minnesota 55350 (the “Company”), and the investors listed on the Schedule of Buyers attached hereto (each, a “Buyer” and collectively, the “Buyers”).
betweenMaster Lease Agreement • February 5th, 1997 • Hutchinson Technology Inc • Electronic components, nec
Hutchinson Technology Incorporated Hutchinson, MN 55350-9784 March 9, 2012Support Agreement • March 12th, 2012 • Hutchinson Technology Inc • Electronic components, nec • New York
This Agreement amends and restates the support agreement dated January 12, 2012, in its entirety and is made effective as of March 9, 2012. Reference is hereby made to the term sheet attached hereto as Exhibit A (the “Term Sheet”) which contemplates an exchange and tender offer (the “Exchange and Tender Offer”) by the Company for all of the Notes and certain of the Company’s 8.50% Convertible Senior Notes due 2026 (the “8.50% Notes”), together with a private placement (the “Private Placement “) up to $40 million of New Notes and detachable warrants (the “Detachable Warrants”) issued by the Company, all on the terms contemplated in the Term Sheet (except with respect to the Private Placement, which shall be on terms contemplated in the term sheet attached hereto as Exhibit E (the “Private Placement Term Sheet”)) (notwithstanding the non-binding nature of the Term Sheet and the Private Placement Term Sheet) and this Agreement. The New Notes will be identical (other than that they will be
6% CONVERTIBLE SUBORDINATED NOTES DUE 2005 SHELF REGISTRATION AGREEMENT DATED AS OF MARCH 18, 1998 BY AND AMONG HUTCHINSON TECHNOLOGY INCORPORATED AND NATIONSBANC MONTGOMERY SECURITIES LLC AND FIRST CHICAGO CAPITAL MARKETS, INC.Shelf Registration Agreement • April 15th, 1998 • Hutchinson Technology Inc • Electronic components, nec • New York
HUTCHINSON TECHNOLOGY INCORPORATEDNote Purchase Agreement • December 18th, 1996 • Hutchinson Technology Inc • Electronic components, nec • New York
Hutchinson Technology Incorporated Hutchinson, MN 55350-9784 January 12, 2012Support Agreement • March 12th, 2012 • Hutchinson Technology Inc • Electronic components, nec • New York
Re: Support Agreement (this “Agreement”) regarding the tender of Hutchinson Technology Incorporated’s 3.25% Convertible Subordinated Notes due 2026 (the “Notes”) for for cash (the “ Tender Commitment”)
HUTCHINSON TECHNOLOGY INCORPORATEDNote Purchase Agreement • December 18th, 1996 • Hutchinson Technology Inc • Electronic components, nec • New York
INTERCREDITOR AGREEMENTIntercreditor Agreement • April 2nd, 2012 • Hutchinson Technology Inc • Electronic components, nec • New York
This INTERCREDITOR AGREEMENT (this “Agreement”) is dated as of March 30, 2012, and entered into by and between PNC BANK, NATIONAL ASSOCIATION, a national banking association (“PNC”), in its capacity as agent under the First Lien Debt Documents (as defined below), (in such capacity, and together with its successors and assigns in such capacity, “First Lien Agent”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), in its capacity as trustee and collateral agent under the Second Lien Debt Documents (as defined below), (in such capacity, and together with its successors and assigns in such capacity, “Second Lien Agent”).
HUTCHINSON TECHNOLOGY INCORPORATED AMENDED AND RESTATED 1996 INCENTIVE PLAN Non-Statutory Stock Option Agreement (Employee)Non-Statutory Stock Option Agreement • October 18th, 2005 • Hutchinson Technology Inc • Electronic components, nec • Minnesota
This is a Non-Statutory Stock Option Agreement (“Agreement”) between Hutchinson Technology Incorporated, a Minnesota corporation (the “Company”), and the optionee identified above (the “Optionee”), effective as of the date of grant specified above.
THIRD AMENDMENT TO RIGHTS AGREEMENTRights Agreement • March 27th, 2012 • Hutchinson Technology Inc • Electronic components, nec
THIS AMENDMENT between Hutchinson Technology Incorporated, a Minnesota corporation (the “Company”), and Wells Fargo Bank, N.A. (the “Rights Agent”) dated as of March 27, 2012 (this “Amendment”), to the Rights Agreement dated as of July 29, 2010, as amended May 6, 2011 and February 24, 2012 (the “Original Amended Agreement”) between the Company and the Rights Agent.
REVOLVING CREDIT AND SECURITY AGREEMENT PNC BANK, NATIONAL ASSOCIATION (AS LENDER AND AS AGENT) WITH HUTCHINSON TECHNOLOGY INCORPORATED AND THE OTHER BORROWERS SIGNATORY HERETO (BORROWERS) September 16, 2011Revolving Credit and Security Agreement • September 21st, 2011 • Hutchinson Technology Inc • Electronic components, nec • New York
Revolving Credit and Security Agreement dated as of September 16, 2011 among HUTCHINSON TECHNOLOGY INCORPORATED, a corporation organized under the laws of the State of Minnesota (“HTI”) (HTI and each other Person who becomes a Borrower hereunder, each a “Borrower”, and collectively “Borrowers”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for Lenders (PNC, in such capacity, the “Agent”).
SECOND AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • December 28th, 2007 • Hutchinson Technology Inc • Electronic components, nec • Illinois
This AMENDED AND RESTATED LOAN AGREEMENT dated as of December 21, 2007 (the “Agreement”), is executed by and between HUTCHINSON TECHNOLOGY INCORPORATED (“HTI”), a Minnesota corporation, HUTCHINSON TECHNOLOGY ASIA, INC. a Minnesota corporation (“Asia”; collectively HTI and Asia shall be referred to as the “Borrower”), whose address is 40 W. Highland Park, Hutchinson, Minnesota 55350, and LASALLE BANK NATIONAL ASSOCIATION, a national banking association, (the “Bank”), whose address is 135 South La Salle Street, Chicago, Illinois 60603.
DEALER MANAGER AGREEMENTDealer Manager Agreement • May 6th, 2011 • Hutchinson Technology Inc • Electronic components, nec • New York
Hutchinson Technology Incorporated, a Minnesota corporation (the “Company”), plans to make an offer (such offer, as it may from time to time be amended and supplemented, the “Exchange Offer”) to exchange newly issued Convertible Senior Notes due 2026 (the “New Notes”) for any and all, but not less than $40 million aggregate principal amount, of its outstanding 3.25% Convertible Subordinated Notes due 2026 (the “Old Notes”) on the terms and subject to the conditions set forth in the Exchange Offer Materials referred to below.
CONSENT AND AMENDMENT NO. 3 TO REVOLVING CREDIT AND SECURITY AGREEMENTRevolving Credit and Security Agreement • January 28th, 2013 • Hutchinson Technology Inc • Electronic components, nec • New York
THIS AMENDMENT NO. 3 (this “Amendment”) is entered into as of January 22, 2013, by and among HUTCHINSON TECHNOLOGY INCORPORATED, a corporation organized under the laws of the State of Minnesota (“HTI”) (HTI and each other Person who becomes a Borrower under the Loan Agreement referred to below, each a “Borrower”, and collectively “Borrowers”), the financial institutions set forth on the signature pages hereto (each a “Lender” and collectively, “Lenders”) and PNC Bank, National Association as agent for Lenders (in such capacity, “Agent”).
Dated as of December 16, 1998 Teachers Insurance and Annuity Association of America 730 Third Avenue New York, New York 10017 CIG & Co. c/o CIGNA Investments, Inc. 900 Cottage Grove Road Hartford, Connecticut 06152 Ladies and Gentlemen: Reference is...Note Purchase Agreement • January 7th, 1999 • Hutchinson Technology Inc • Electronic components, nec
FIFTH AMENDMENT TO RIGHTS AGREEMENTRights Agreement • November 2nd, 2015 • Hutchinson Technology Inc • Electronic components, nec • Minnesota
This Fifth Amendment to Rights Agreement (this “Amendment”), dated as of November 1, 2015, is made between Hutchinson Technology Incorporated, a Minnesota corporation (the “Company”), and Wells Fargo Bank, N.A. (the “Rights Agent”), to the Rights Agreement dated as of July 29, 2010, as amended May 6, 2011, February 24, 2012, March 27, 2012, and October 20, 2014 (together, the “Original Amended Agreement”), between the Company and the Rights Agent.
HUTCHINSON TECHNOLOGY INCORPORATED RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • January 11th, 2005 • Hutchinson Technology Inc • Electronic components, nec • Minnesota
THIS AGREEMENT is made as of , 200 , between Hutchinson Technology Incorporated, a Minnesota corporation (the “Company”), and (the “Director”).
AMENDED AND RESTATED DEALER MANAGER AGREEMENTDealer Manager Agreement • March 23rd, 2012 • Hutchinson Technology Inc • Electronic components, nec • New York
Reference is made to the Dealer Manager Agreement, dated February 6, 2012, between Hutchinson Technology Incorporated, a Minnesota corporation (the “Company”), and Houlihan Lokey Captial, Inc. (“Houlihan Lokey” or “you”). The Company and Houlihan Lokey agree to amend and restate the Dealer Manager Agreement in its entirety as follows.
HUTCHINSON TECHNOLOGY INCORPORATED (As Amended and Restated October 10, 2008) *[Form of]* Non-Statutory Stock Option Agreement (Employee)Non-Statutory Stock Option Agreement • December 11th, 2008 • Hutchinson Technology Inc • Electronic components, nec • Minnesota
This is a Non-Statutory Stock Option Agreement (“Agreement”) between Hutchinson Technology Incorporated, a Minnesota corporation (the “Company”), and the optionee identified above (the “Optionee”), effective as of the date of grant specified above. Unless the context indicates otherwise, terms that are not defined in this Agreement will have the meaning set forth in the Plan as it currently exists or as it is amended in the future.
HUTCHINSON TECHNOLOGY INCORPORATEDPurchase Agreement • January 26th, 2006 • Hutchinson Technology Inc • Electronic components, nec • New York
