AGREEMENT AND PLAN OF MERGER among MULTI-FINELINE ELECTRONIX, INC., SUZHOU DONGSHAN PRECISION MANUFACTURING CO., LTD., and DRAGON ELECTRONIX MERGER SUB INC. Dated as of February 4, 2016Merger Agreement • February 4th, 2016 • Multi Fineline Electronix Inc • Printed circuit boards • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of this 4th day of February, 2016, by and among Multi-Fineline Electronix, Inc., a Delaware corporation (the “Company”), Suzhou Dongshan Precision Manufacturing Co., Ltd., a company organized under the laws of the People’s Republic of China (“Parent”), and Dragon Electronix Merger Sub Inc., a Delaware corporation and indirect wholly-owned subsidiary of Parent (“Merger Sub”).
MULTI-FINELINE ELECTRONIX, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • June 3rd, 2004 • Multi Fineline Electronix Inc • Printed circuit boards • Delaware
This Indemnification Agreement (this “Agreement”) is entered into as of , 2004 (the “Effective Date”), by and between MULTI-FINELINE ELECTRONIX, INC., a Delaware corporation (the “Company”), and (“Indemnitee”).
Comprehensive Credit Line Agreement Agreement No.Comprehensive Credit Line Agreement • August 6th, 2009 • Multi Fineline Electronix Inc • Printed circuit boards • Shanghai
According to pertinent stipulations by laws and regulations, such as the “Commercial Bank Law of the People’s Republic of China” and the ‘Provisional Rules on the Administration of Power of Attorney and Credit Line Authorization by Commercial Banks’, Party A and Party B have, on the basis of equality, self-willingness and honesty and good faith, concluded the following agreement for mutual compliance through friend consultation.
Shares* MULTI-FINELINE ELECTRONIX, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • May 14th, 2004 • Multi Fineline Electronix Inc • Printed circuit boards • New York
Multi-Fineline Electronix, Inc., a Delaware corporation (the “Company”), proposes to issue and sell shares (the “Company Firm Shares”) of the Company’s common stock, $0.001 par value per share (the “Common Stock”), and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose to sell an aggregate of shares (the “Selling Stockholder Firm Shares”) of Common Stock, in each case to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representatives (the “Representatives”). The Company have also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional shares (the “Option Shares”), on the terms and for the purposes set forth in Section 1(b). The Company Firm Shares and the Selling Stockholder Firm Shares are referred to collectively herein as the “Firm Shares,” and the Firm Shares and the Option Shares are referred to collect
CORPORATE SERVICES AGREEMENTCorporate Services Agreement • June 22nd, 2004 • Multi Fineline Electronix Inc • Printed circuit boards • Delaware
CORPORATE SUPPLY AGREEMENT BETWEEN MULTI-FINELINE ELECTRONIX, INC. AND MOTOROLA, INC.Corporate Supply Agreement • February 15th, 2007 • Multi Fineline Electronix Inc • Printed circuit boards • Illinois
This Corporate Supply Agreement (the “Agreement”), dated as of October 1, 2006 (the “Effective Date”), is between Motorola, Inc., located at 1303 E. Algonquin Road, Schaumburg, IL 60196 (“Motorola”) and Multi-Fineline Electronix, Inc., located at 3140 East Coronado Street, Anaheim, CA 92806 (“Supplier”). Each may be referred to as a party (“Party”), or they may be collectively known as parties (the “Parties”).
COLLABORATION AGREEMENTCollaboration Agreement • August 6th, 2008 • Multi Fineline Electronix Inc • Printed circuit boards
In view to further strengthen the close relationship between Party A (hereinafter called A) and Party B (hereinafter called B) and on the base of the principles of equality and mutual benefit, both parties, through friendly negotiation, have agreed to enter into the following agreement under the terms specified as followed:
DATED THIS 14TH DAY OF JULY 2005 BETWEEN MULTI-FINELINE ELECTRONIX, INC. As Borrower And NORDDEUTSCHE LANDESBANK GIROZENTRALE, NEW YORK BRANCH as Bank UNCOMMITTED REVOLVING CREDIT FACILITY AGREEMENT relating to an uncommitted revolving credit facility...Uncommitted Revolving Credit Facility Agreement • July 20th, 2005 • Multi Fineline Electronix Inc • Printed circuit boards • New York
APPLE COMPUTER, INC. MASTER DEVELOPMENT AND SUPPLY AGREEMENTMaster Development and Supply Agreement • December 9th, 2008 • Multi Fineline Electronix Inc • Printed circuit boards • California
THIS MASTER DEVELOPMENT AND SUPPLY AGREEMENT is entered into by and between Apple Computer, Inc., a California corporation having its principal place of business at 1 Infinite Loop, Cupertino, California 95014, United States and Apple Computer International, an Irish Corporation having its principal place of business at Holly Hill Industrial Estate, Cork City, Ireland (collectively, “Apple”), and Multi-Fineline Electronix, Inc. (aka M-FLEX), a Delaware corporation, having its principal place of business at 3140-A Coronado Street, Anaheim, CA 92806 (“Company”), effective as of June 22, 2006 (the “Effective Date”).
COLLABORATION AGREEMENTCollaboration Agreement • August 3rd, 2006 • Multi Fineline Electronix Inc • Printed circuit boards
In view to further strengthen the close relationship between Party A (hereinafter called A) and Party B (hereinafter called B) and on the base of the principles of equality and mutual benefit, both parties, through friendly negotiation, have agreed to enter into the following agreement under the terms specified as followed:
Amended and Restated Master Development and Supply Agreement Between Apple and M-FLEXMaster Development and Supply Agreement • May 3rd, 2012 • Multi Fineline Electronix Inc • Printed circuit boards • California
This Amended and Restated Master Development and Supply Agreement #C56-12-00150 (this “Agreement”) is entered into by and between Apple Inc., a California corporation located at 1 Infinite Loop, Cupertino, California 95014, United States (“Apple”), and Multi-Fineline Electronix, Inc. (aka M-FLEX), a Delaware corporation, located at 3140-A Coronado Street, Anaheim, CA 92806 (“Company”), effective as of May 2, 2012 (the “Effective Date”). This Agreement amends, restates and replaces the prior Master Development and Supply Agreement #C56-06-00844.
Line of Credit Agreement No.: 2008 Wu Zhong Yin Shou Zi No. 0805006Line of Credit Agreement • January 30th, 2008 • Multi Fineline Electronix Inc • Printed circuit boards
To develop friendly and mutually beneficial cooperative relations, Party A and Party B have hereby voluntarily concluded the following agreement on the principles of equality, mutual benefit and good faith.
AMENDED AND RESTATED STOCKHOLDERS AGREEMENTStockholders Agreement • October 25th, 2005 • Multi Fineline Electronix Inc • Printed circuit boards • Delaware
This AMENDED AND RESTATED STOCKHOLDERS AGREEMENT, dated as of October 25, 2005 (this “Agreement”), among Multi-Fineline Electronix, Inc., a Delaware corporation (the “Company”), Wearnes Technology Pte. Ltd., a corporation organized under the laws of Singapore (“WT”), and United Wearnes Technology Pte. Ltd., a corporation organized under the laws of Singapore (“UWT”) (each, a “Stockholder” and collectively, the “Stockholders”), and WBL Corporation Limited, a corporation organized under the laws of Singapore (“WBL,” which, together with the Stockholders, are referred to herein as the “WBL Entities,” and together with the Company, the “Parties”). Capitalized but undefined terms shall have the meaning ascribed to such terms in Article I below.
STOCKHOLDERS AGREEMENTStockholders Agreement • June 22nd, 2004 • Multi Fineline Electronix Inc • Printed circuit boards • Delaware
This STOCKHOLDERS AGREEMENT dated as of June 4, 2004 (this “Agreement”) is made and entered into by and among Multi-Fineline Electronix, Inc., a Delaware corporation (including its predecessor entity, Multi-Fineline Electronix, Inc., a California corporation, the “Company”), WBL Corporation Limited, a corporation organized under the laws of Singapore (“WBL”), Wearnes Technology Pte. Ltd., a corporation organized under the laws of Singapore (“WT”), and United Wearnes Technology Pte. Ltd., a corporation organized under the laws of Singapore (“UWT”) (each of WBL, WT and UWT, a “WBL Entity,” and collectively the “WBL Entities”). Capitalized but undefined terms shall have the meaning ascribed to such terms in Article I below.
APRIL 24, 2009 MULTI-FINELINE ELECTRONIX (SUZHOU) CO., LTD. AND BEIJING SHIYUAN XIDA CONSTRUCTION AND TECHNOLOGY COMPANY, A SOLE SUBSIDIARY OF CHINA ELECTRONICS ENGINEERING DESIGN INSTITUTE ENGINEERING, PROCUREMENT AND CONSTRUCTION/TURN KEY PROJECT...Engineering, Procurement and Construction/Turn Key Project Agreement • April 29th, 2009 • Multi Fineline Electronix Inc • Printed circuit boards
The Contract Agreement is made for a new building which located in Hedong Industrial Estate, North Sanfeng Road, Suzhou Chania, and is signed April 24 of 2009 in Suzhou between Multi-Fineline Electronix (Suzhou) Co., LTD, a corporation organized and existing under the laws of the People’s Republic of China (PRC) and having its registered office at Suning Industrial Estate Block A&B, South Dongwu Road, Suzhou 215128, China (Employer) of the one part, and Beijing Shiyuan Xida Construction and Technology Company, a sole subsidiary of China Electronics Engineering Design Institute and existing under the laws of the People’s Republic of China (PRC) and having its registered office at 27 Wanshou Road, Beijing 100840 (Contractor) of the second part, and China Electronics Engineering Design Institute, a Corporation organized and existing under the laws of the People’s Republic of China and having its registered office at 27 Wanshou Road, Beijing 100840 (Guarantor) of the third part.
Agreement on Amount of Credit Line No.: Wu Zhong Yin Shou Zi No. 0561112Credit Line Agreement • January 31st, 2006 • Multi Fineline Electronix Inc • Printed circuit boards
In order to develop friendly and cooperative relationship, Party A and Party B have reached the following agreement through consultation based on the principle of voluntariness, equality, mutual benefit and sincerity.
Credit Line Agreement No.: Wu Zhong Yin Shou Zi No. 0761002Credit Line Agreement • January 31st, 2007 • Multi Fineline Electronix Inc • Printed circuit boards
To develop a friendly and mutually beneficial and cooperative relationship, upon consensus, Party A and Party B have hereby reached the following agreement on the principles of voluntariness, equality, mutual benefit and good faith.
Shanghai Pudong Development Bank Suzhou Branch Comprehensive Credit Line AgreementComprehensive Credit Line Agreement • May 9th, 2006 • Multi Fineline Electronix Inc • Printed circuit boards
In compliance with the statutory requirements of “People’s Republic of China Law of Commercial Banks “ and “Interim Measures on the Authorization and Administration of Credit Line by Commercial Banks” and the related governing laws, Party A and Party B contractually agree that this agreement is construed in fair, at will and bona fide principles.
COOPERATION AGREEMENT BETWEEN BANK AND ENTERPRISECooperation Agreement • April 15th, 2004 • Multi Fineline Electronix Inc
AMENDMENT NO. 5 AND CONSENT TO LOAN AGREEMENTLoan Agreement • November 14th, 2011 • Multi Fineline Electronix Inc • Printed circuit boards • New York
AMENDMENT NO. 5 AND CONSENT TO LOAN AGREEMENT, dated as of September 14, 2011 (this “Agreement”), among MULTI-FINELINE ELECTRONIX, INC., a Delaware corporation (“U.S. Borrower”), MULTI-FINELINE ELECTRONIX SINGAPORE PTE. LTD., a Singapore corporation (“Singapore Borrower”, and together with U.S. Borrower, collectively, “Borrowers”), the various Subsidiaries (such capitalized term and all other capitalized terms not defined herein shall have the meanings provided for in Article I) of the Borrowers that are parties hereto, the various financial institutions that are parties hereto (collectively, “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”).
Guarantee Letter Regarding the Purchasing of the Land and the Buildings between MFC and WGSZGuarantee Letter • February 3rd, 2011 • Multi Fineline Electronix Inc • Printed circuit boards
AMENDMENT NO. 4 AND WAIVER TO LOAN AGREEMENTLoan Agreement • November 15th, 2010 • Multi Fineline Electronix Inc • Printed circuit boards • New York
AMENDMENT NO. 4 AND WAIVER TO LOAN AGREEMENT, dated as of August 18, 2010 (this “Agreement”), among MULTI-FINELINE ELECTRONIX, INC., a Delaware corporation (“U.S. Borrower”), MULTI-FINELINE ELECTRONIX SINGAPORE PTE. LTD., a Singapore corporation (“Singapore Borrower”, and together with U.S. Borrower, collectively, “Borrowers”), the various Subsidiaries (such capitalized term and all other capitalized terms not defined herein shall have the meanings provided for in Article I) of the Borrowers that are parties hereto, the various financial institutions that are parties hereto (collectively, “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”).
Bank and Enterprise Cooperation Agreement Between Multi-Fineline Electronix (Suzhou No. 2) Co. Ltd. and Shanghai Pudong Development Bank Suzhou BranchBank and Enterprise Cooperation Agreement • May 9th, 2006 • Multi Fineline Electronix Inc • Printed circuit boards
In order to promote the growth of businesses, the two parties, through friendly negotiations and based on the intended and mutual benefits, agree upon the following provisions of the comprehensive business cooperation agreement:
Second Supplemental Agreement to Agreement for Sales of Buildings in Stock This Second Supplemental Agreement is made by and between:Second Supplemental Agreement to Agreement for Sales of Buildings in Stock • May 5th, 2011 • Multi Fineline Electronix Inc • Printed circuit boards
Party A: Wearnes Global (Suzhou) Co., Ltd., having its business address at 6F Weiyong Building, 10-1 Fengmen Road, Suzhou 215006, Jiangsu Province, hereafter referred to as “the Seller”; and
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 5th, 2016 • Multi Fineline Electronix Inc • Printed circuit boards • California
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT, dated as of May 2, 2016 (this “Agreement”), among MULTI-FINELINE ELECTRONIX SINGAPORE PTE. LTD., a Singapore company (“Borrower”), MULTI-FINELINE ELECTRONIX, INC., a Delaware corporation (“Holdings”), the various financial institutions parties hereto (collectively, the “Lenders”) and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (in such capacity, the “Agent”).
MULTI-FINELINE ELECTRONIX, INC. 3140 East Coronado Street, Suite A Anaheim, California 92806Revolving Credit Facility Agreement • July 22nd, 2004 • Multi Fineline Electronix Inc • Printed circuit boards
We refer to the Agreement. Unless the context otherwise requires, terms defined in the Agreement shall have the same meaning when used in this Supplemental Letter.
AMENDMENT NO. 2 TO LOAN AGREEMENTLoan Agreement • May 6th, 2010 • Multi Fineline Electronix Inc • Printed circuit boards • New York
AMENDMENT NO. 2 TO LOAN AGREEMENT, dated as of February 15, 2010 (this “Agreement”), among MULTI-FINELINE ELECTRONIX, INC., a Delaware corporation (“U.S. Borrower”), MULTI-FINELINE ELECTRONIX SINGAPORE PTE. LTD., a Singapore corporation (“Singapore Borrower”, and together with U.S. Borrower, collectively, “Borrowers”), the various Subsidiaries (such capitalized term and all other capitalized terms not defined herein shall have the meanings provided for in Article I) of the Borrowers that are parties hereto, the various financial institutions that are parties hereto (collectively, “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”).
Dated 17 January 2012 MULTI-FINELINE ELECTRONIX SINGAPORE PTE. LTD. as Borrower JPMORGAN CHASE BANK, N.A., SINGAPORE BRANCH as Mandated Lead Arranger THE BANKS AND FINANCIAL INSTITUTIONS LISTED IN SCHEDULE 1 as Lenders JPMORGAN CHASE BANK, N.A.,...Facility Agreement • January 19th, 2012 • Multi Fineline Electronix Inc • Printed circuit boards
AMENDMENT NO. 1 TO LOAN AGREEMENTLoan Agreement • November 17th, 2009 • Multi Fineline Electronix Inc • Printed circuit boards • New York
AMENDMENT NO. 1 TO LOAN AGREEMENT, dated as of August 27, 2009 (this “Agreement”), among MULTI-FINELINE ELECTRONIX, INC., a Delaware corporation (“U.S. Borrower”), MULTI-FINELINE ELECTRONIX SINGAPORE PTE. LTD., a Singapore corporation (“Singapore Borrower”, and together with U.S. Borrower, collectively, “Borrowers”), the various Subsidiaries (such capitalized term and all other capitalized terms not defined herein shall have the meanings provided for in Article I) of the Borrowers that are parties hereto, the various financial institutions that are parties hereto (collectively, “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”).
GUARANTEE from WBL CORPORATION LIMITED in favour of NORDDEUTSCHE LANDESBANK GIROZENTRALE, SINGAPORE BRANCH.Guarantee • May 14th, 2004 • Multi Fineline Electronix Inc • Printed circuit boards
COLLABORATION AGREEMENTCollaboration Agreement • August 6th, 2007 • Multi Fineline Electronix Inc • Printed circuit boards
In view to further strengthen the close relationship between Party A (hereinafter called A) and Party B (hereinafter called B) and on the base of the principles of equality and mutual benefit, both parties, through friendly negotiation, have agreed to enter into the following agreement under the terms specified as followed:
Line of Credit Agreement Number: Wuzhongyinshouzi No. 0805040Line of Credit Agreement • January 29th, 2009 • Multi Fineline Electronix Inc • Printed circuit boards
In order to develop a friendly and reciprocal partnership, on the principle of voluntary, equality, mutual benefit and good faith, through negotiation, Party A and Party B enter into the following agreement.
COLLABORATION AGREEMENTCollaboration Agreement • August 6th, 2009 • Multi Fineline Electronix Inc • Printed circuit boards
In view to further strengthen the close relationship between Party A (hereinafter called A) and Party B (hereinafter called B) and on the base of the principles of equality and mutual benefit, both parties, through friendly negotiation, have agreed to enter into the following agreement under the terms specified as followed:
AGREEMENT FOR SALES OF BUILDINGS IN STOCK No.: Su Wu Qi 201101060075 Made by Bureau of Housing and Urban-Rural Development of Suzhou CitySales Contracts • February 3rd, 2011 • Multi Fineline Electronix Inc • Printed circuit boards
Guarantee Contract (Line of Credit Extension) No.: Wu Zhong Yin Bao Zi No.: 0461175Guarantee Contract • May 12th, 2005 • Multi Fineline Electronix Inc • Printed circuit boards
In order to make sure that the debtor obligations under the line of credit extension agreement (referred to as “Master Contract” hereinafter) are effectively implemented as signed by and between the debtor and Party B on October 20, 2004 with the agreement number as Wu Zhong Yin Bao Zi No.: 0461175, Party A is willing to provide security of guaranty to Party B. For the purpose of clarifying the rights and obligations between the two parties, Party A and Party B have concluded the Contract by reaching an agreement through equal negotiations in accordance with the requirements as described in contract laws, security law and other relevant laws and regulations.
