AMENDMENT AND WAIVER AGREEMENT NO. 5 TO CREDIT AGREEMENTAnd Waiver Agreement • November 3rd, 2003 • Manufacturers Services LTD • Electronic components, nec • New York
Contract Type FiledNovember 3rd, 2003 Company Industry JurisdictionAMENDMENT AND WAIVER AGREEMENT NO. 5 dated as of July 3, 2003 (this “Agreement”), to that certain Credit Agreement (as amended, modified, restated or supplemented from time to time, the “Credit Agreement”), dated as of June 20, 2002, made by and among Manufacturers’ Services Limited, a Delaware corporation (the “Parent”), Manufacturers’ Services Salt Lake City Operations, Inc., a Delaware corporation (“MSSLCO”), Manufacturers’ Services Western U.S. Operations, Inc., a California corporation (“MSWUSO”), Manufacturers’ Services Central U.S. Operations, Inc., a Minnesota corporation (“MSCUSO”), MSL Lowell Operations, Inc., a Delaware corporation (“MSLLO”), MSL Midwest Operations, Inc., a Delaware corporation (“MSLMO”; and together with the Parent, MSSLCO, MSWUSO, MSCUSO and MSLLO, each a “Borrower” and, collectively, the “Borrowers”), the financial institutions party thereto from time to time (the “Lenders”), Bank of America, N.A., as administrative agent (in such capacity, together with