Exhibit 10.77
SECOND AMENDMENT TO
PURCHASE AGREEMENT BETWEEN MATSUSHITA KOTOBUKI ELECTRONICS
INDUSTRIES, LTD. AND MAXTOR CORPORATION DATED APRIL 2, 2001
This Second Amendment ("Second Amendment") to Purchase Agreement between
Matsushita Kotobuki Electronics Industries, Ltd., a Japanese corporation, having
its principal place of business at 0000-0 Xxxxxxxxxx, Xxxxxxxx-Xxx, Onsen-Gun,
Ehime 791-0395 Japan ("MKE") and Maxtor Corporation, a Delaware corporation,
having its principal place of business at 000 XxXxxxxx Xxxxxxxxx, Xxxxxxxx,
Xxxxxxxxxx 00000 ("Maxtor") dated April 2, 2001 ("Purchase Agreement") is
entered into by and between MKE and Maxtor.
WHEREAS, the Purchase Agreement between MKE and Maxtor is due to terminate on
November 2, 2001 unless otherwise renewed by the parties.
WHEREAS, the parties executed the First Amendment to the Purchase Agreement
effective November 2, 2001 to extend the term of the Purchase Agreement for
another one year period such that the Purchase Agreement will terminate, unless
otherwise renewed by the parties, on November 2, 2002.
WHEREAS, MKE and Maxtor are desirous of continuing their business relationship
contemplated in the Purchase Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. The term of the Purchase Agreement shall be further extended such that the
Purchase Agreement will terminate, unless otherwise renewed by the
parties, on March 31, 2004.
2. All of the terms of the Purchase Agreement shall continue to apply to the
transactions between MKE and Maxtor except for those terms which are
amended by this Second Amendment.
3. This Second Amendment shall be effective as of November 2, 2002
retroactively.
MATSUSHITA KOTOBUKI ELECTRONICS
INDUSTRIES, LTD. MAXTOR CORPORATION
By: /s/ Xxxxx Xxxxxxxx By: /s/ Xxxx Xxxxxx
--------------------------- ---------------------------
Xxxxx Xxxxxxxx Xxxx Xxxxxx
Title: Senior Managing Director Title: President and Chief
Executive Officer
Date: February 5, 2003 Date: February 5, 2003
------------------------- -------------------------
