EXHIBIT 99 CREDIT AGREEMENTCredit Agreement • March 10th, 1998 • Benchmark Electronics Inc • Printed circuit boards • Texas
EXHIBIT 2 PURCHASE AGREEMENT DATED AS OF JANUARY 22, 1998 BY AND BETWEEN LOCKHEED MARTIN CORPORATIONPurchase Agreement • March 10th, 1998 • Benchmark Electronics Inc • Printed circuit boards • Delaware
EXHIBIT 10.16 LEASELease • March 19th, 2002 • Benchmark Electronics Inc • Printed circuit boards • New York
LEASE AGREEMENTLease Agreement • April 2nd, 2001 • Benchmark Electronics Inc • Printed circuit boards
Draft--5/3/99] Benchmark Electronics, Inc. 4,000,656 Shares A/ Common Stock ($0.10 par value) Underwriting AgreementBenchmark Electronics Inc • May 7th, 1999 • Printed circuit boards • New York
COMMON STOCKBenchmark Electronics Inc • July 14th, 2000 • Printed circuit boards • New York
EXHIBIT 2.1Purchase and Sale Agreement • February 5th, 1999 • Benchmark Electronics Inc • Printed circuit boards
EXHIBIT 10.25 AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • April 2nd, 2001 • Benchmark Electronics Inc • Printed circuit boards • New York
TO HARRIS TRUST COMPANY OF NEW YORK, AS TRUSTEE INDENTUREBenchmark Electronics Inc • September 8th, 1999 • Printed circuit boards • New York
THIS LEASE made the day of 2001 BETWEEN CANADA LIFE ASSURANCE (IRELAND) LIMITED having its registered office at Canada Life House, Temple Road, Blackrock in the County of Dublin (hereinafter called the "Lessor" which expression shall include its...Benchmark Electronics Inc • April 2nd, 2001 • Printed circuit boards
1,300,000 SHARES* COMMON STOCKUnderwriting Agreement • October 25th, 1996 • Benchmark Electronics Inc • Printed circuit boards • Texas
dated as ofCredit Agreement • September 8th, 1999 • Benchmark Electronics Inc • Printed circuit boards • New York
LEASE FROM GOAT HOLLOW REALTY TRUST TO BENCHMARK ELECTRONICS CORPORATION 360 FORBES BLVD., MANSFIELD, MABenchmark Electronics Inc • April 2nd, 2001 • Printed circuit boards • Massachusetts
ANDRights Agreement • December 11th, 1998 • Benchmark Electronics Inc • Printed circuit boards • Texas
PLAN NUMBER 01002 IRS SERIAL NUMBER D362552AAdoption Agreement • June 28th, 2001 • Benchmark Electronics Inc • Printed circuit boards
EXHIBIT 10.1 AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 12th, 1999 • Benchmark Electronics Inc • Printed circuit boards • Texas
EXHIBIT 2.1 ASSET AND SHARE PURCHASE AGREEMENTAssignment and Assumption Agreement • July 5th, 2002 • Benchmark Electronics Inc • Printed circuit boards • Massachusetts
FOURTH AMENDED AND RESTATED CREDIT AGREEMENT dated as of July 30, 2012 among BENCHMARK ELECTRONICS, INC., The Borrowing Subsidiaries, The Lenders Party Hereto, JPMORGAN CHASE BANK, N.A., as Administrative AgentCredit Agreement • August 3rd, 2012 • Benchmark Electronics Inc • Printed circuit boards • Texas
FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of July 30, 2012 (the “Effective Date”), among Benchmark Electronics, Inc., a Texas corporation (the “Company”), the Borrowing Subsidiaries party hereto, the Lenders party hereto, JPMorgan Chase Bank, N.A., as Administrative Agent, and Wells Fargo Bank, N.A. and Compass Bank, as Co-Syndication Agent.
WITNESSETH:Employment Agreement • November 13th, 2001 • Benchmark Electronics Inc • Printed circuit boards • Texas
BY AND BETWEENAsset Purchase Agreement • July 31st, 2000 • Benchmark Electronics Inc • Printed circuit boards
AGREEMENT AND PLAN OF MERGER Dated as of October 16, 2006, Among BENCHMARK ELECTRONICS, INC., AUTOBAHN ACQUISITION CORP. And PEMSTAR INC.Agreement and Plan of Merger • October 18th, 2006 • Benchmark Electronics Inc • Printed circuit boards • Delaware
AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of October 16, 2006, among BENCHMARK ELECTRONICS, INC., a Texas corporation (“Parent”), AUTOBAHN ACQUISITION CORP., a Minnesota corporation and a wholly owned Subsidiary of Parent (“Sub”), and PEMSTAR INC., a Minnesota corporation (the “Company”).
AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 25th, 2022 • Benchmark Electronics Inc • Printed circuit boards • New York
This AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of December 21, 2021, among Benchmark Electronics, Inc., a Texas corporation (the “Company”), certain Subsidiaries of the Company party hereto pursuant to Section 2.16 (each a “Designated Borrower” and, together with the Company, the “Borrowers” and each a “Borrower”), the Lenders (defined herein), and BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender and a L/C Issuer.
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of december 21, 2021 among BENCHMARK ELECTRONICS, INC., as the COMPANY, CERTAIN SUBSIDIARIES OF THE COMPANY, as Designated Borrowers, BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender and...Credit Agreement • December 28th, 2021 • Benchmark Electronics Inc • Printed circuit boards • New York
This AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of December 21, 2021, among Benchmark Electronics, Inc., a Texas corporation (the “Company”), certain Subsidiaries of the Company party hereto pursuant to Section 2.16 (each a “Designated Borrower” and, together with the Company, the “Borrowers” and each a “Borrower”), the Lenders (defined herein), and BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender and a L/C Issuer.
RECITALSLease Agreement • March 30th, 2000 • Benchmark Electronics Inc • Printed circuit boards • Oregon
EMPLOYMENT AGREEMENTEmployment Agreement • May 8th, 2015 • Benchmark Electronics Inc • Printed circuit boards • Texas
Employment Agreement, dated as of December 1, 2005, (the "Agreement"), by and between Jon J. King (the "Employee") and Benchmark Electronics, Inc., a Texas corporation (the "Company").
THIRD AMENDED AND RESTATED CREDIT AGREEMENT dated as of December 21, 2007 among BENCHMARK ELECTRONICS, INC., The Borrowing Subsidiaries The Lenders Party Hereto, JPMORGAN CHASE BANK, N.A. as Administrative Agent, Collateral Agent and Issuing Lender...Credit Agreement • December 27th, 2007 • Benchmark Electronics Inc • Printed circuit boards • Texas
THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of December 21, 2007 (the “Effective Date”), among Benchmark Electronics, Inc., a Texas corporation (the “Company”), the Borrowing Subsidiaries party hereto, the Lenders party hereto, JPMorgan Chase Bank, N.A., as Administrative Agent, Collateral Agent and Issuing Lender, Bank of America, N.A., Wells Fargo Bank, N.A., and Comerica Bank, as Co-Documentation Agent.
430,000,000 CREDIT AGREEMENT dated as of November 12, 2015 among BENCHMARK ELECTRONICS, INC., The Borrowing Subsidiaries, The Lenders Party Hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent and Collateral Agent and J.P. MORGAN SECURITIES LLC,...Credit Agreement • November 12th, 2015 • Benchmark Electronics Inc • Printed circuit boards • New York
CREDIT AGREEMENT (this “Agreement”) dated as of November 12, 2015, among Benchmark Electronics, Inc., a Texas corporation (the “Company”), the Borrowing Subsidiaries party hereto, the Lenders party hereto, JPMorgan Chase Bank, N.A., as Administrative Agent and Collateral Agent and each Issuing Lender party hereto from time to time.
PERFORMANCE-BASED RESTRICTED STOCK UNIT AWARD AGREEMENTRestricted Stock Unit Award Agreement • May 9th, 2017 • Benchmark Electronics Inc • Printed circuit boards • Texas
This Performance-Based Restricted Stock Unit Award Agreement (this “Award Agreement”) sets forth the terms and conditions of a target award (the “Award”) of _______ restricted stock units that are subject to the terms and conditions specified herein (“RSUs”) and that are being granted to you on the date hereof under the Benchmark Electronics, Inc. 2010 Omnibus Incentive Compensation Plan (the “Plan”). Each RSU subject to this Award constitutes an unfunded and unsecured promise of the Company to deliver (or cause to be delivered) to you, subject to the terms of this Award Agreement, a share of the Company’s common stock, $0.10 par value (a “Share”), as set forth in Section 3 of this Award Agreement.
EMPLOYMENT AGREEMENTEmployment Agreement • February 28th, 2019 • Benchmark Electronics Inc • Printed circuit boards • Arizona
This Employment Agreement, dated as of February 26, 2019 (“Agreement”), is hereby entered into by and between Jeffrey Benck (“Employee”) and Benchmark Electronics, Inc., a Texas corporation (“Company”).
AMENDMENT NO. 3 TO Amended and Restated CREDIT AGREEMENTCredit Agreement • May 3rd, 2023 • Benchmark Electronics Inc • Printed circuit boards • New York
This Amendment No. 3 to Amended and Restated Credit Agreement, dated as of May 1, 2023 (this “Amendment”), is entered into by BENCHMARK ELECTRONICS, INC., a Texas corporation (the “Company”), the Guarantors (as defined in the Credit Agreement referenced below) party hereto, the Lenders (as defined below) party hereto, and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”), Swingline Lender and an L/C Issuer.
EXHIBIT 99.4 [Draft--8/9/99] BENCHMARK ELECTRONICS, INC. 6% Convertible Subordinated Notes due 2006 REGISTRATION AGREEMENTRegistration Agreement • September 8th, 1999 • Benchmark Electronics Inc • Printed circuit boards • New York
WITNESSETH:Benchmark Electronics Inc • March 30th, 2000 • Printed circuit boards
FORM OF RESTRICTED STOCK UNIT AWARD AGREEMENT]Restricted Stock Unit Award Agreement • July 30th, 2010 • Benchmark Electronics Inc • Printed circuit boards • Texas
This Restricted Stock Unit Award Agreement (this “Award Agreement”) sets forth the terms and conditions of an award (the “Award”) of [●] restricted stock units that are subject to the terms and conditions specified herein (“RSUs”) and that are being granted to you on the date hereof under the Benchmark Electronics, Inc. 2010 Omnibus Incentive Compensation Plan (the “Plan”). Each RSU subject to this Award constitutes an unfunded and unsecured promise of the Company to deliver (or cause to be delivered) to you, subject to the terms of this Award Agreement, a share of the Company’s common stock, $0.10 par value (a “Share”), as set forth in Section 3 of this Award Agreement.
COOPERATION AGREEMENTCooperation Agreement • December 21st, 2016 • Benchmark Electronics Inc • Printed circuit boards • Texas
This Cooperation Agreement (this “Agreement”) is made and entered into as of December 19, 2016, by and among Benchmark Electronics, Inc. (the “Company”), Engaged Capital, LLC (“Engaged”) and each of the other related Persons (as defined below) set forth on the signature pages hereto (collectively with Engaged, the “Engaged Group”). The Engaged Group and each of their Affiliates (as defined below) and Associates (as defined below) are collectively referred to as the “Investors”. The Company and the Investors are referred to herein as the “Parties”.
ARTICLE I TERMSanders Sublease • March 30th, 2000 • Benchmark Electronics Inc • Printed circuit boards • New Hampshire
