ACCESSION DEED
Exhibit 10.5
ACCESSION DEED
| To: | Sumitomo Mitsui Banking Corporation as Agent | |
| From: | PT UTAC Manufacturing Services Indonesia and UTAC Manufacturing Services Limited | |
| Dated: | 6 August 2014 | |
Dear Sirs
UTAC Manufacturing Services Limited – USD108,000,000 Bank Guarantee Facility
Agreement dated 2 June 2014 (the “Facility Agreement”)
| 1. | We refer to the Facility Agreement. This deed (the “Accession Deed”) shall take effect as an Accession Deed for the purposes of the Facility Agreement. Terms defined in the Facility Agreement have the same meaning in this Accession Deed unless given a different meaning in this Accession Deed. |
| 2. | PT UTAC Manufacturing Services Indonesia agrees to become an Additional Guarantor and to be bound by the terms of the Facility Agreement and the other Finance Documents as an Additional Guarantor pursuant to Clause 26.2 (Additional Guarantors) of the Facility Agreement. PT UTAC Manufacturing Services Indonesia is a company duly incorporated under the laws of the Republic of Indonesia and is a limited liability company. |
| 3. | PT UTAC Manufacturing Services Indonesia’s administrative details for the purposes of the Facility Agreement are as follows: |
| Address: | 00 Xxx Xx Xxx Xxxxxxxxxx Xxxx 0, Xxxxxxxxx 000000 | |
| Fax: | (00) 0000 0000 | |
| Attention: | General Counsel | |
| 4. | This Accession Deed and any non-contractual obligations arising out of or in connection with it are governed by Singapore law. |
| 5. | This Accession Deed shall be executed by the parties both in the Indonesian and English languages to comply with Law No. 24. The parties further agree that in the event of any inconsistency between the Indonesian and English language versions of this Accession Deed, the English language version shall prevail to the fullest extent permitted by Law and the Indonesian version will be amended accordingly. |
| 6. | Each party agrees that no claim, challenge or proceeding shall be brought against the other party on the basis of non-compliance with Law No. 24. |
THIS ACCESSION DEED has been signed on behalf of the Company and executed as a deed by PT UTAC Manufacturing Services Indonesia and is delivered on the date stated above.
| PT UTAC Manufacturing Services Indonesia | ||
| /s/ Xxxxxxx Xxxx Xxxxxx | ||
| Name: | Xxxxxxx Xxxx Xxxxxx | |
| Title: | President Director | |
| The Company | ||
| /s/ Tan Eng Xxxxx Xxxxxxx | ||
| UTAC Manufacturing Services Limited | ||
| By: | Tan Eng Xxxxx Xxxxxxx | |
