AMENDMENT NO. 1 TO TERM LOAN CREDIT AGREEMENT (LIBOR HARDWIRE TRANSITION AMENDMENT)Term Loan Credit Agreement • September 18th, 2023 • Ingram Micro Holding Corp • Wholesale-computers & peripheral equipment & software • New York
THIS TERM LOAN CREDIT AGREEMENT, dated as of July 2, 2021, as amended by Amendment No. 1, dated as of June 23, 2023, among IMOLA ACQUISITION CORPORATION, a Delaware corporation (“Holdings”), IMOLA MERGER CORPORATION, a Delaware corporation (the “Initial Borrower”), following the consummation of the Closing Date Mergers, INGRAM MICRO INC., a Delaware corporation (the “Ultimate Borrower” or “Imola” and, together with the Initial Borrower, the “Borrower”), the Lenders party hereto from time to time and JPMORGAN CHASE BANK, N.A. (“JPMorgan”), as the Administrative Agent and the Collateral Agent. All capitalized terms used herein and defined in Section 1 are used herein as therein defined.
SECOND AMENDED AND RESTATED TRANSITION AGREEMENTTransition Agreement • September 18th, 2023 • Ingram Micro Holding Corp • Wholesale-computers & peripheral equipment & software • California
This Second Amended and Restated Transition Agreement (this “Agreement”) is made by and between Alain Monie (“Executive”) and Ingram Micro Inc., a Delaware corporation (the “Company”) (collectively, referred to herein as the “Parties” or individually referred herein to as a “Party”), effective as of July 1, 2023 (the “Effective Date”). Capitalized terms used but not otherwise defined in this Agreement shall have the meanings set forth in Exhibit A.
PREAMBLE ARTICLE 1 – GENERAL 1.1 Plan 1.2 Effective Dates 1.3 Amounts Not Subject to Code Section 409A ARTICLE 2 – DEFINITIONS 2.1 Account 2.2 Administrator 2.3 Adoption Agreement 2.4 Beneficiary 2.5 Board or Board of Directors 2.6 Bonus 2.7 Change in...Ingram Micro Holding Corp • September 18th, 2023 • Wholesale-computers & peripheral equipment & software
The Plan is intended to be a “plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees” within the meaning of Sections 201(2), 301(a)(3) and 401(a)(1) of the Employee Retirement Income Security Act of 1974, as amended. The Plan is further intended to conform with the requirements of Internal Revenue Code Section 409A and the final regulations issued thereunder and shall be implemented and administered in a manner consistent therewith.
