AMENDED AND RESTATED DEALER MANAGER AGREEMENTDealer Manager Agreement • March 23rd, 2012 • Hutchinson Technology Inc • Electronic components, nec • New York
Contract Type FiledMarch 23rd, 2012 Company Industry JurisdictionReference is made to the Dealer Manager Agreement, dated February 6, 2012, between Hutchinson Technology Incorporated, a Minnesota corporation (the “Company”), and Houlihan Lokey Captial, Inc. (“Houlihan Lokey” or “you”). The Company and Houlihan Lokey agree to amend and restate the Dealer Manager Agreement in its entirety as follows.
DEALER MANAGER AGREEMENTDealer Manager Agreement • February 6th, 2012 • Hutchinson Technology Inc • Electronic components, nec • New York
Contract Type FiledFebruary 6th, 2012 Company Industry JurisdictionHutchinson Technology Incorporated, a Minnesota corporation (the “Company”), plans to (such offers, as they may from time to time be amended and supplemented, the “Tender/Exchange Offers”): (a) offer to exchange any and all of its outstanding 3.25% Convertible Subordinated Notes due 2026 (the “Outstanding 3.25% Notes”) held by holders for a new series of 8.50% Senior Secured Second Lien Notes due 2017 (the “New Notes”); (b) offer to purchase for cash up to $49,250,000 aggregate principal amount of its Outstanding 3.25% Notes; and (c) offer to purchase for cash up to $26,666,000 aggregate principal amount of its 8.50% Convertible Senior Notes due 2026 (together with the Outstanding 3.25% Notes, the “Outstanding Notes”), on the terms and subject to the conditions set forth in the Offer Materials referred to below.