November 13th, 2014
Exhibit 10.1
November 13th, 2014
000 Xxxx Xxxxxx
San Jose, California 95131
Attention: Legal Department
Re: Extension of Maturity Date
Ladies and Gentlemen:
Reference is made to that certain Loan Agreement dated as of June 17, 2010 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the "Loan Agreement”), between Bank of America, N.A. ("Bank") and Super Micro Computer, Inc., a Delaware corporation ("Borrower"). Capitalized terms used and not otherwise defined herein shall have the ascribed meanings as set forth in the Loan Agreement.
Currently the maturity date of the credit accommodations provided by Bank to Borrower pursuant to the Loan Agreement as set forth in the first sentence of Section 1.2 of the Loan Agreement is November 15, 2014 (“Maturity Date”). Xxxxxxxx has requested that the Maturity Date be extended and Bank has agreed to extend the Maturity Date to November 15, 2015.
Notwithstanding the terms and conditions set forth in the Loan Agreement, Borrower and Bank hereby agree that the date “November 15, 2014” in the first sentence of Section 1.2 of the Loan Agreement is changed to “November 15, 2015”.
By its agreement hereto, Xxxxxxxx agrees to pay to Bank an extension fee in the amount of $60,000 which shall be due and payable in full upon the execution of this letter agreement by Xxxxxxxx and Bank.
The extension and agreements set forth herein shall be limited precisely as written and shall not be deemed to be an extension or an agreement to any other act by Borrower which is prohibited by the Loan Agreement. Except as specifically provided
above, the extension and agreements set forth herein shall not constitute a waiver or modification of any of the terms of the Loan Agreement.
above, the extension and agreements set forth herein shall not constitute a waiver or modification of any of the terms of the Loan Agreement.
Regards,
BANK OF AMERICA, N.A.
By: /S/ Xxxxxx X. Xxxxxxxx
By: /S/ Xxxxxx X. Xxxxxxxx
Name: Xxxxxx X. Xxxxxxxx
Title: Senior Vice President
Acknowledged and agreed to
this 15 day of November, 2014:
Name: Xxxxxx Xxxxxxxxx
Title: CFO
