GUARANTEESMTC Corp • June 25th, 2004 • Printed circuit boards • Illinois
Congress Financial Corporation (Central) individually and as collateral agent (the “Lender”) has entered into certain financing arrangements with Borrowers and affiliates of Borrowers pursuant to which Lender may make loans and advances and provide other financial accommodations to Borrowers and their affiliates as set forth in the loan agreement dated on or about the date hereof, by and among Lender, Borrowers and certain other loan parties (as the same now exists or may hereafter be amended, modified, supplemented, extended, renewed, restated or replaced, the “Loan Agreement”) and the other agreements, documents and instruments referred to therein or at any time executed and/or delivered in connection therewith or related thereto, including this Guarantee (all of the foregoing, including the Loan Agreement, as the same now exist or may hereafter be amended, modified, supplemented, extended, renewed, restated or replaced, being collectively referred to herein as the “Financing Agreeme
INTER-CREDITOR AGREEMENTInter-Creditor Agreement • June 25th, 2004 • SMTC Corp • Printed circuit boards • New York
CONGRESS FINANCIAL CORPORATION (CANADA), a corporation incorporated pursuant to the laws of the Province of Ontario, having a place of business at 141 Adelaide Street West, Suite 1500, Toronto, Ontario, M5H 3L9, (Fax # (416) 364-6068)
GENERAL SECURITY AGREEMENTGeneral Security Agreement • June 25th, 2004 • SMTC Corp • Printed circuit boards • Illinois
This General Security Agreement (“Agreement”) dated June 1, 2004 is by SMTC Manufacturing Corporation of California, a California corporation, SMTC Manufacturing Corporation of Massachusetts, a Massachusetts corporation, SMTC Manufacturing Corporation of Wisconsin, a Wisconsin corporation, and SMTC Mex Holdings, Inc., a Delaware corporation (together with their respective successors and assigns are collectively, “Debtors”, individually, “Debtor”), in favor of Congress Financial Corporation (Central), an Illinois corporation, as US Collateral Agent (together with its successors and assigns in such capacity, “Secured Party”) for itself, Canadian Lender (as hereinafter defined) under the Canadian Loan Agreement (as hereinafter defined) and US Lender (as hereinafter defined) under the US Loan Agreement (as hereinafter defined).
GENERAL SECURITY AGREEMENTGeneral Security Agreement • June 25th, 2004 • SMTC Corp • Printed circuit boards • Ontario
This General Security Agreement (“Agreement”) dated June 1, 2004 is made by 940862 Ontario Inc., a company incorporated under the laws of the Province of Ontario (“940862”), and SMTC Nova Scotia Company, a company incorporated under the laws of the Province of Nova Scotia (“SMTC NS”) (940862 and SMTC NS together with their respective successors and assigns are collectively, “Guarantors”; individually, “Guarantor”) in favour of Congress Financial Corporation (Canada), an Ontario Corporation, as lender (together with its successors and assigns, “Lender”) under the Loan Agreement (as defined below).
February 15, 2004SMTC Corp • June 25th, 2004 • Printed circuit boards • Ontario
This letter sets forth the terms and conditions of your employment with SMTC Corporation, a Delaware corporation (the “Company”) to be effective as of the date hereof (the “Effective Date”) and as an extension of the agreement between you and the Company dated October 16, 2003.
GENERAL SECURITY AGREEMENTGeneral Security Agreement • June 25th, 2004 • SMTC Corp • Printed circuit boards • Ontario
This General Security Agreement dated June 1, 2004 is made by SMTC Manufacturing Corporation of Canada/Societe de Fabrication SMTC du Canada, an Ontario corporation (together with its successors and assigns, “Borrower”) in favour of Congress Financial Corporation (Canada), an Ontario corporation, as lender (together with its successors and assigns, “Lender”) under the Loan Agreement (as defined below).
US Loan Agreement by and between CONGRESS FINANCIAL CORPORATION (CENTRAL) as Lender and US Collateral Agent - and each of - SMTC MANUFACTURING CORPORATION OF CALIFORNIA SMTC MANUFACTURING CORPORATION OF WISCONSIN SMTC MANUFACTURING CORPORATION OF...Us Loan Agreement • June 25th, 2004 • SMTC Corp • Printed circuit boards • Illinois
This US Loan Agreement dated June 1, 2004 is entered into by and between Congress Financial Corporation (Central), an Illinois corporation (in its individual capacity as a lender hereunder (“Lender”) and as US collateral agent on behalf of itself and Canadian Lender (in such capacity, “US Collateral Agent”)), SMTC Manufacturing Corporation of California, a California corporation, SMTC Manufacturing Corporation of Wisconsin, a Wisconsin corporation, SMTC Manufacturing Corporation of Massachusetts (“SMTC Massachusetts”), a Massachusetts corporation, and SMTC Mex Holdings, Inc., a Delaware corporation (collectively, the “US Borrowers”).
GUARANTEESMTC Corp • June 25th, 2004 • Printed circuit boards • Ontario
Congress Financial Corporation (Canada) (the “Lender”) has entered into certain financing arrangements with Borrower and affiliates of Borrower pursuant to which Lender may make loans and advances and provide other financial accommodations to Borrower and its affiliates as set forth in the loan agreement dated on or about the date hereof, by and among Lender, Borrower and certain other loan parties (as the same now exists or may hereafter be amended, modified, supplemented, extended, renewed, restated or replaced, the “Loan Agreement”) and the other agreements, documents and instruments referred to therein or at any time executed and/or delivered in connection therewith or related thereto, including this Guarantee (all of the foregoing, including the Loan Agreement, as the same now exist or may hereafter be amended, modified, supplemented, extended, renewed, restated or replaced, being collectively referred to herein as the “Financing Agreements”).
GUARANTEESMTC Corp • June 25th, 2004 • Printed circuit boards • Illinois
Congress Financial Corporation (Canada) (the “Lender”) has entered into certain financing arrangements with Borrower and affiliates of Borrower pursuant to which Lender may make loans and advances and provide other financial accommodations to Borrower and its affiliates as set forth in the loan agreement dated on or about the date hereof, by and among Lender, Borrower and certain other loan parties (as the same now exists or may hereafter be amended, modified, supplemented, extended, renewed, restated or replaced, the “Loan Agreement”) and the other agreements, documents and instruments referred to therein or at any time executed and/or delivered in connection therewith or related thereto, including this Guarantee (all of the foregoing, including the Loan Agreement, as the same now exist or may hereafter be amended, modified, supplemented, extended, renewed, restated or replaced, being collectively referred to herein as the “Financing Agreements”).
Canadian Loan Agreement by and between CONGRESS FINANCIAL CORPORATION (CANADA) as Lender - and - SMTC MANUFACTURING CORPORATION OF CANADA/SOCIETE DE FABRICATION SMTC DU CANADA as Canadian Borrower Dated: June 1, 2004Canadian Loan Agreement • June 25th, 2004 • SMTC Corp • Printed circuit boards • Ontario
This Canadian Loan Agreement dated June 1, 2004 is entered into by and between Congress Financial Corporation (Canada), an Ontario corporation (“Lender”), and SMTC Manufacturing Corporation of Canada/Societe de Fabrication SMTC Du Canada, an Ontario corporation (“Canadian Borrower”).
SECOND AMENDED AND RESTATED CREDIT AGREEMENT among HTM HOLDINGS, INC., as Borrower, The Several Lenders from Time to Time Parties Hereto, LEHMAN BROTHERS INC., as Arranger, THE BANK OF NOVA SCOTIA, as Syndication Agent, GENERAL ELECTRIC CAPITAL...Credit Agreement • June 25th, 2004 • SMTC Corp • Printed circuit boards • New York
WHEREAS, the Credit Parties are parties to the Amended and Restated Credit Agreement, dated as of July 27, 2000, by and among the Credit Parties, the Lenders, Lehman Commercial Paper Inc., as general administrative agent and collateral monitoring agent, Lehman Brothers Inc., as advisor, lead arranger and book manager, The Bank of Nova Scotia, as syndication agent and General Electric Capital Corporation, as documentation agent (as amended, restated, modified or supplemented from time to time, the “Existing Credit Agreement”);
GUARANTEESMTC Corp • June 25th, 2004 • Printed circuit boards • Illinois
Congress Financial Corporation (Central) individually and as collateral agent (the “Lender”) has entered into certain financing arrangements with Borrowers and affiliates of Borrowers pursuant to which Lender may make loans and advances and provide other financial accommodations to Borrowers and their affiliates as set forth in the loan agreement dated on or about the date hereof, by and among Lender, Borrowers and certain other loan parties (as the same now exists or may hereafter be amended, modified, supplemented, extended, renewed, restated or replaced, the “Loan Agreement”) and the other agreements, documents and instruments referred to therein or at any time executed and/or delivered in connection therewith or related thereto, including this Guarantee (all of the foregoing, including the Loan Agreement, as the same now exist or may hereafter be amended, modified, supplemented, extended, renewed, restated or replaced, being collectively referred to herein as the “Financing Agreeme
DEBT AND WARRANT EXCHANGE AGREEMENT among HTM HOLDINGS, INC., and SMTC MANUFACTURING CORPORATION OF CANADA as Borrowers, SMTC CORPORATION, as Guarantor of the Existing Notes and Parent of the Borrowers, and THE DEBT HOLDERS Dated as of June 1, 2004Debt and Warrant Exchange Agreement • June 25th, 2004 • SMTC Corp • Printed circuit boards • New York
THIS DEBT AND WARRANT EXCHANGE AGREEMENT, dated as of June 1, 2004, is by and among HTM HOLDINGS, INC., a Delaware corporation (the “U.S. Borrower”), SMTC MANUFACTURING CORPORATION OF CANADA, a corporation organized under the laws of the Province of Ontario, Canada (the “Canadian Borrower”; together with the U.S. Borrower, the “Borrowers”), SMTC CORPORATION, a Delaware Corporation (“Holdings”, and together with the Borrowers (and any direct or indirect subsidiaries of Holdings or the Borrowers, the “Exchange Parties”), the banks and other financial institutions listed on Schedule A (the “Debt Holders”) (the “Agreement”).
SECOND AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT made by SMTC CORPORATION, HTM HOLDINGS, INC. and certain of their Subsidiaries in favor of LEHMAN COMMERCIAL PAPER INC., as General Administrative Agent Dated as of June 1, 2004Guarantee and Collateral Agreement • June 25th, 2004 • SMTC Corp • Printed circuit boards • New York
SECOND AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENT, dated as of June 1, 2004, made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Grantors”), in favor of LEHMAN COMMERCIAL PAPER INC., as General Administrative Agent (in such capacity, the “General Administrative Agent”) for the banks and other financial institutions (the “Lenders”) from time to time parties to the Second Amended and Restated Credit Agreement, dated as of even date herewith (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among SMTC CORPORATION, a Delaware corporation (“Holdings”), HTM Holdings, Inc., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to the Credit Agreement (the “Lenders”), LEHMAN BROTHERS INC., as advisor, lead arranger and book manager (in such capacity, the “Arranger”), the General Administrati
