AMENDMENT NO. 1 TO EX-IM BANK FACILITY AGREEMENT
Exhibit 6.1
EXECUTION COPY
AMENDMENT NO. 1 TO EX-IM BANK FACILITY AGREEMENT
This AMENDMENT NO. 1 TO EX-IM BANK FACILITY AGREEMENT (this “Amendment”) dated as of
May 16, 2007, is by and among CHARTERED SEMICONDUCTOR MANUFACTURING LTD., a public company limited
by shares duly organized and existing under the laws of the Republic of Singapore (the
“Borrower”); JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking association duly
organized and existing under the laws of the United States of America, as Lender (the
“Lender”); EXPORT-IMPORT BANK OF THE UNITED STATES, an independent agency of the government
of the United States of America (“Ex-Im Bank”); and JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, a national banking association duly organized and existing under the laws of the
United States of America, as Facility Agent (the “Facility Agent”).
RECITALS
WHEREAS, the parties hereto have entered into that certain Ex-Im Bank Facility Agreement dated
as of December 23, 2004 (the “Agreement”) by and among the Borrower, the Lender, Ex-Im Bank
and the Facility Agent; and
WHEREAS, the parties hereto desire to amend the Agreement in the manner provided for below to
amend the definition of Phase I Completion, paragraph (c).
NOW, THEREFORE, in consideration of the premises set forth above and for other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, each of the
parties hereto hereby agrees as follows:
1. Definitions. For all purposes of the Amendment, capitalized terms used but
not otherwise defined herein shall have the meanings set forth in the Agreement.
2. Amendment to Agreement. Paragraph (c) of the definition of “Phase I
Completion” in Section 1.01 of the Agreement is hereby deleted in its entirety and replaced with
the following:
“(c) the Fab 7 Plant shall have produced and shipped an average of at least 12,000
300 millimeter wafers per month over any three (3) calendar months in a continuous six (6)
calendar month period and shall have attained a production capacity of 18,000 300 millimeter
wafers per month;”
3. Miscellaneous.
(a) Except as expressly provided in this Amendment, the Agreement and all provisions
thereof in effect as of the date hereof shall remain in full force and effect and are hereby
ratified and confirmed.
(b) This Amendment may be executed in any number of counterparts and by the different parties
hereto on separate counterparts, each of which when so executed and delivered shall be an original,
but all the counterparts shall together constitute one and the same instrument.
(c) On and after the effective date of this Amendment, all references in the Agreement to
“this Agreement,” “hereunder,” “hereof,” “herein” or words of like import, and all references to
the Agreement in any Financing Document or other document executed in connection with the
Agreement, shall mean and be a reference to the Agreement as amended by this Amendment.
(d) The execution, delivery and effectiveness of this Amendment shall not, except as expressly
provided herein, operate as a waiver of any right, power or remedy of any party to the Agreement or
constitute a waiver of any provision of this Agreement.
(e) THIS AMENDMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE
OF NEW YORK, INCLUDING SECTION 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW.
[signature page follows]
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed and
acknowledged by their respective officers or representatives hereunto duly authorized, as of the
date first above written.
By
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/s/ Chia Song Hwee Name: Chia Song Hwee Title: President & CEO |
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EXPORT-IMPORT BANK OF THE UNITED STATES
By
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/s/Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Managing Director, Asset Management Division |
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JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
as Lender
as Lender
By
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/s/Xxxxxxxxxx X. Xxxx Name: Xxxxxxxxxx X. Xxxx Title: Vice President |
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JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
as Facility Agent
as Facility Agent
By
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/s/ Xxxxxxxxxx X. Xxxx Name: Xxxxxxxxxx X. Xxxx Title: Vice President |
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SIGNATURE PAGE
AMENDMENT NO. 1 TO EX-IM BANK FACILITY AGREEMENT
AMENDMENT NO. 1 TO EX-IM BANK FACILITY AGREEMENT
EX-IM
BANK GUARANTEED CREDIT NO. AP080562xx - Singapore
