SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT by and among JAZZ SEMICONDUCTOR, INC., and NEWPORT FAB, LLC, as Borrowers, JAZZ TECHNOLOGIES, INC., as Parent Guarantor, WACHOVIA CAPITAL FINANCE CORPORATION (WESTERN), as Administrative Agent,...Loan and Security Agreement • September 25th, 2008 • Jazz Technologies, Inc. • Semiconductors & related devices • California
This Second Amended and Restated Loan and Security Agreement dated as of September 19, 2008 (this “Agreement”) is entered into by and among Jazz Semiconductor, Inc., a Delaware corporation (“Jazz” as hereinafter further defined), Newport Fab, LLC (d/b/a Jazz Semiconductor Operating Company), a Delaware limited liability company (“Operating Company” as hereinafter further defined, and Operating Company together with Jazz, collectively, the “Borrowers” and each of them individually, a “Borrower” as hereinafter further defined), Jazz Technologies, Inc., formerly known as Acquicor Technology Inc., a Delaware corporation (“Parent Guarantor” and together with its successors (whether by merger or operation of law) and any other Person that at any time after the Effective Date becomes a Guarantor, each individually a “Guarantor” and collectively, “Guarantors” as hereinafter further defined), the parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignmen
ASSUMPTION AGREEMENTAssumption Agreement • September 25th, 2008 • Jazz Technologies, Inc. • Semiconductors & related devices • New York
This Assumption Agreement (this “Assumption Agreement”) is entered into as of September 19, 2008, by and among Jazz Technologies, Inc. (previously named Acquicor Technology Inc.), a Delaware corporation (the “Company”), Tower Semiconductor Ltd., an Israel company (“Parent”), and Continental Stock Transfer & Trust Company, a New York corporation (the “Warrant Agent”).
ContractSecond Supplemental Indenture • September 25th, 2008 • Jazz Technologies, Inc. • Semiconductors & related devices • New York
This SECOND SUPPLEMENTAL INDENTURE, dated as of September 19, 2008 (this “Second Supplemental Indenture”), is made by and among TOWER SEMICONDUCTOR LTD., an Israeli company (“Parent”), JAZZ TECHNOLOGIES, INC. (formerly known as Acquicor Technology Inc.), a Delaware corporation (the “Company”), JAZZ SEMICONDUCTOR, INC., a Delaware corporation, and NEWPORT FAB, LLC, a Delaware limited liability company (together the “Guaranteeing Subsidiaries”), and U.S. BANK NATIONAL ASSOCIATION, as Trustee (the “Trustee”), under the Indenture referred to herein. Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Indenture referred to below.
