AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • March 30th, 2017 • Tech Data Corp • Wholesale-computers & peripheral equipment & software • New York
AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT, dated as of February 15, 2017 (this “Amendment”), which amends that certain Second Amended and Restated Revolving Credit Agreement, dated as of November 2, 2016 (as in effect prior to this Amendment, the “Existing Credit Agreement”) by and among Tech Data Corporation, a Florida corporation, as borrower (the “Borrower”), the lenders party thereto from time to time (the “Lenders”), Bank of America, N.A., as administrative agent (in such capacity, the “Administrative Agent”), swing line lender and a letter of credit issuer, and the other agents and parties thereto.
SETTLEMENT AGREEMENTSettlement Agreement • March 30th, 2017 • Tech Data Corp • Wholesale-computers & peripheral equipment & software • Barcelona
§ TECH DATA ESPAÑA, S.L., a Company incorporated under the laws of Spain, with legal domicile at 30-32 Acer Street, Barcelona, Spain, and Tax ID Number (hereinafter referred to as “the Company” or “Tech Data Spain”), hereby represented by Mr. Robert Dutkowsky, duly authorized by the Board of Directors and by the Legal Representative of the Sole Shareholder of the Company, Tech Data Europe GmbH.
AMENDMENT NO. 1 TO TERM LOAN CREDIT AGREEMENTTerm Loan Credit Agreement • March 30th, 2017 • Tech Data Corp • Wholesale-computers & peripheral equipment & software • New York
AMENDMENT NO. 1 TO TERM LOAN CREDIT AGREEMENT, dated as of February 15, 2017 (this “Amendment”), which amends that certain Term Loan Credit Agreement, dated as of November 2, 2016 (as in effect prior to this Amendment, the “Existing Credit Agreement”) by and among Tech Data Corporation, a Florida corporation, as borrower (the “Borrower”), the lenders party thereto from time to time (the “Lenders”), Bank of America, N.A., as administrative agent (in such capacity, the “Administrative Agent”), and the other agents and parties thereto.
CONSENTRevolving Credit Agreement • March 30th, 2017 • Tech Data Corp • Wholesale-computers & peripheral equipment & software • New York
Reference is hereby made to that certain Fourth Amended and Restated Participation Agreement, dated as of June 27, 2013 (as heretofore amended, the “Participation Agreement”), among Tech Data Corporation, as Lessee, SunTrust Bank, as Lessor, the various banks and other lending institutions which are parties thereto from time to time, as the Lenders, and SunTrust Equity Funding, LLC, as Agent, which has been acknowledged and agreed to by the Alternative Lessees. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned thereto in the Participation Agreement. The Lessee has requested amendments to certain covenants and other provisions, and certain definitions used therein, set forth in the 2016 Tech Data Credit Agreement, which covenants are included in the Incorporated Covenants. Pursuant to Section 7.3A(a) of the Participation Agreement, the undersigned hereby consent to the amendments to such Incorporated Covenants in substantially the form set f
