CREDIT AGREEMENT Dated as of March 8, 2012 among WESTERN DIGITAL TECHNOLOGIES, INC. and WESTERN DIGITAL IRELAND, LTD., as the Borrowers, WESTERN DIGITAL CORPORATION, as Holdings, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and...Credit Agreement • May 9th, 2012 • Western Digital Corp • Computer storage devices • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of March 8, 2012, among WESTERN DIGITAL TECHNOLOGIES, INC., a Delaware corporation (the “US Borrower”), WESTERN DIGITAL IRELAND, LTD., an exempted company incorporated under the laws of the Cayman Islands (the “Cayman Borrower” and together with the US Borrower, the “Borrowers”), WESTERN DIGITAL CORPORATION, a Delaware corporation (“Holdings”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
EMPLOYMENT AGREEMENTEmployment Agreement • May 9th, 2012 • Western Digital Corp • Computer storage devices • California
This Employment Agreement (the “Agreement”) is entered into by and between Western Digital Corporation (the “Company”) and Stephen Dwight Milligan (“Executive”), as of the 7th day of March, 2011. This Agreement is being entered into in connection with the Company’s entry into a Stock Purchase Agreement by and among the Company, Western Digital Ireland, Ltd., Hitachi, Ltd. and Viviti Technologies Ltd. dated on or about the date hereof (the “Stock Purchase Agreement”), and shall become effective on the date of the closing of the transactions contemplated by the Stock Purchase Agreement (the “Effective Date”). If the transactions contemplated by the Stock Purchase Agreement fail to close for any reason, or if the Stock Purchase Agreement terminates for any reason without the transactions contemplated thereby closing, this Agreement shall automatically terminate and be of no force and effect.
INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • May 9th, 2012 • Western Digital Corp • Computer storage devices • Delaware
This Investor Rights Agreement (the “Agreement”) is made as of this 8th day of March, 2012, among Western Digital Corporation, a Delaware corporation (the “Company”), and Hitachi, Ltd., a company incorporated under the laws of Japan (the “Investor”).
THIRD AMENDMENT TO STOCK PURCHASE AGREEMENTStock Purchase Agreement • May 9th, 2012 • Western Digital Corp • Computer storage devices
This Third Amendment to the Stock Purchase Agreement (this “Amendment”) is made this 30th day of January, 2012, by and among Western Digital Corporation, a Delaware corporation (the “Buyer Parent”), Western Digital Ireland, Ltd., a corporation organized under the laws of the Cayman Islands and an indirect wholly owned subsidiary of the Buyer Parent (the “Buyer”), Hitachi, Ltd., a company incorporated under the laws of Japan (the “Seller”), and Viviti Technologies Ltd., a company incorporated under the laws of the Republic of Singapore and a wholly owned subsidiary of the Seller (the “Company”, and collectively with the Seller, Buyer and Buyer Parent, the “Parties”, and each, a “Party”). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Stock Purchase Agreement (as defined below).
SIXTH AMENDMENT TO STOCK PURCHASE AGREEMENTStock Purchase Agreement • May 9th, 2012 • Western Digital Corp • Computer storage devices
This Sixth Amendment to the Stock Purchase Agreement (this “Amendment”) is made this 6th day of March, 2012, by and among Western Digital Corporation, a Delaware corporation (the “Buyer Parent”), Western Digital Ireland, Ltd., a corporation organized under the laws of the Cayman Islands and an indirect wholly owned subsidiary of the Buyer Parent (the “Buyer”), Hitachi, Ltd., a company incorporated under the laws of Japan (the “Seller”), and Viviti Technologies Ltd., a company incorporated under the laws of the Republic of Singapore and a wholly owned subsidiary of the Seller (the “Company”, and collectively with the Seller, the Buyer and the Buyer Parent, the “Parties”, and each, a “Party”). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Stock Purchase Agreement (as defined below).
FOURTH AMENDMENT TO STOCK PURCHASE AGREEMENTStock Purchase Agreement • May 9th, 2012 • Western Digital Corp • Computer storage devices
This Fourth Amendment to the Stock Purchase Agreement (this “Amendment”) is made this 15th day of February, 2012, by and among Western Digital Corporation, a Delaware corporation (the “Buyer Parent”), Western Digital Ireland, Ltd., a corporation organized under the laws of the Cayman Islands and an indirect wholly owned subsidiary of the Buyer Parent (the “Buyer”), Hitachi, Ltd., a company incorporated under the laws of Japan (the “Seller”), and Viviti Technologies Ltd., a company incorporated under the laws of the Republic of Singapore and a wholly owned subsidiary of the Seller (the “Company”, and collectively with the Seller, Buyer and Buyer Parent, the “Parties”, and each, a “Party”). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Stock Purchase Agreement (as defined below).
