FIRST AMENDMENT TO SECOND AMENDED AND RESTATED GUARANTEE AND COLLATERAL AGREEMENTGuarantee and Collateral Agreement • June 6th, 2005 • SMTC Corp • Printed circuit boards • New York
This amendment (this “Amendment”) is entered into as of June 1, 2005 by each of the signatories hereto (the “Grantors”), in favor of GENERAL ELECTRIC CAPITAL CORPORATION (“GECC”), 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 June 1, 2004 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”, capitalized terms used herein and not otherwise defined being used herein as defined in the Credit Agreement), among SMTC CORPORATION, a Delaware corporation (“Holdings”), HTM HOLDINGS, INC., a Delaware corporation (the “Borrower”), SMTC MANUFACTURING CORPORATION OF CANADA, a corporation organized under the laws of the Province of Ontario, Canada (“SMTC-Canada” and together with Holdings and the Borrower, the “Credit Parties”), the several banks and other financial insti
AMENDMENT TO INTER-CREDITOR AGREEMENTInter-Creditor Agreement • June 6th, 2005 • SMTC Corp • Printed circuit boards • New York
This amendment (this “Amendment”) is entered into as of June 1, 2005 by and among CONGRESS FINANCIAL CORPORATION (CANADA), a corporation incorporated pursuant to the laws of the Province of Ontario (“Congress Canada”), CONGRESS FINANCIAL CORPORATION (CENTRAL), an Illinois corporation (“Congress US”), THE BANK OF NOVA SCOTIA, a Canadian chartered bank (“BNS”), GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“GECC”), the other SUBORDINATED LENDERS signatory hereto, SMTC CORPORATION, a Delaware corporation (“SMTC”), HTM HOLDINGS, INC., a Delaware corporation (“HTM”), SMTC MANUFACTURING CORPORATION OF CALIFORNIA, a California corporation (“SMTC California”), SMTC MANUFACTURING CORPORATION OF WISCONSIN, a Wisconsin corporation (“SMTC Wisconsin”), SMTC MANUFACTURING CORPORATION OF MASSACHUSETTS, a Massachusetts corporation (“SMTC Massachusetts”), SMTC MEX HOLDINGS, INC., a Delaware corporation (“SMTC Mex”), SMTC MANUFACTURING CORPORATION OF CANADA/SOCIETE DE FABRICATION SMTC DU
SECOND AMENDMENT AND AGENCY ASSIGNMENT AGREEMENTSecond Amendment and Agency Assignment Agreement • June 6th, 2005 • SMTC Corp • Printed circuit boards • New York
This agreement (this “Agreement”) is entered into as of June 1, 2005 by and among SMTC CORPORATION, a Delaware corporation (“Holdings”), HTM HOLDINGS, INC., a Delaware corporation (the “Borrower”), SMTC MANUFACTURING CORPORATION OF CANADA, a corporation organized under the laws of the Province of Ontario, Canada (“SMTC-Canada” and together with Holdings and the Borrower, the “Credit Parties”), LEHMAN BROTHERS INC., as advisor, lead arranger and book manager (in such capacity, the “Arranger”), THE BANK OF NOVA SCOTIA, as syndication agent (in such capacity, the “Syndication Agent”), LEHMAN COMMERCIAL PAPER INC. (“Prior Agent”), both individually and as General Administrative Agent and Collateral Monitoring Agent (these and all other capitalized terms not defined herein shall have the meanings set forth in the “Credit Agreement” as defined below), GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“GECC”), as documentation agent (in such capacity, the “Documentation Agent”) an
