THIRD AMENDED AND RESTATED CREDIT AGREEMENT Dated as of January 23, 2009 among SYNNEX CORPORATION as Borrower and THE LENDERS SIGNATORY HERETO FROM TIME TO TIME, as Lenders and BANK OF AMERICA, N.A, as Agent and Lender and BANK OF AMERICA, N.A., as...Credit Agreement • January 27th, 2009 • Synnex Corp • Services-computer integrated systems design • New York
This THIRD AMENDED AND RESTATED CREDIT AGREEMENT (as amended, restated, supplemented and otherwise modified from time to time, this “Agreement”) (a) is entered into as of January 23, 2009, by and among SYNNEX CORPORATION, a Delaware corporation (the “Borrower”), BANK OF AMERICA, N.A., a national banking association (“Bank of America”), for itself as Lender, and as Agent for the Lenders, and the other Lenders signatory hereto from time to time, and (b) amends and restates the Second Amended Credit Agreement defined below.
THIRD AMENDED AND RESTATED RECEIVABLES SALE AND SERVICING AGREEMENT Dated as of January 23, 2009 by and among EACH OF THE ENTITIES PARTY HERETO FROM TIME TO TIME AS ORIGINATORS, SIT FUNDING CORPORATION, as Buyer, and SYNNEX CORPORATION, as ServicerReceivables Sale and Servicing Agreement • January 27th, 2009 • Synnex Corp • Services-computer integrated systems design • New York
THIS THIRD AMENDED AND RESTATED RECEIVABLES SALE AND SERVICING AGREEMENT (as amended, restated, supplemented or otherwise modified and in effect from time to time, this “Agreement”), (a) is entered into as of January 23, 2009, by and among each of the persons signatory hereto from time to time as Originators (each an “Originator” and, collectively, the “Originators”), SYNNEX CORPORATION, a Delaware corporation (“Parent”), in its capacity as servicer hereunder (in such capacity, the “Servicer”) and SIT FUNDING CORPORATION, a Delaware corporation (“Buyer”) and (b) amends and restates that certain Second Amended and Restated Receivables Transfer Agreement, dated as of February 12, 2007, between Parent as “Originator” and “Servicer”, and Buyer (as amended prior to the date hereof, the “Existing Transfer Agreement”).
THIRD AMENDED AND RESTATED RECEIVABLES FUNDING AND ADMINISTRATION AGREEMENT Dated as of January 23, 2009 by and among SIT FUNDING CORPORATION, as Borrower, THE FINANCIAL INSTITUTIONS SIGNATORY HERETO FROM TIME TO TIME, as Lenders, and BANK OF AMERICA,...Funding Agreement • January 27th, 2009 • Synnex Corp • Services-computer integrated systems design • New York
THIS THIRD AMENDED AND RESTATED RECEIVABLES FUNDING AND ADMINISTRATION AGREEMENT (as amended, restated, supplemented or otherwise modified and in effect from time to time, this “Agreement”) (a) is entered into as of January 23, 2009 by and among SIT FUNDING CORPORATION, a Delaware corporation (the “Borrower”), SUMITOMO MITSUI BANKING CORPORATION, as a Committed Lender, MANHATTAN ASSET FUNDING COMPANY LLC and YC SUSI TRUST, as Discretionary Lenders, SMBC SECURITIES, INC., as Administrator for Manhattan Asset Funding Company LLC and as Managing Agent for the SMBC Lender Group, and BANK OF AMERICA, N.A., a national banking association (“Bank of America”), as a Committed Lender, as swing line lender (in such capacity, the “Swing Line Lender”), as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent”), as Administrator for YC SUSI Trust and as Managing Agent for the Bank of America Lender Group, and the financial institutions signatory hereto from time
