CONSENT AND AMENDMENT NO. 3 TO REVOLVING CREDIT AND SECURITY AGREEMENTRevolving Credit and Security Agreement • January 28th, 2013 • Hutchinson Technology Inc • Electronic components, nec • New York
THIS AMENDMENT NO. 3 (this “Amendment”) is entered into as of January 22, 2013, by and among HUTCHINSON TECHNOLOGY INCORPORATED, a corporation organized under the laws of the State of Minnesota (“HTI”) (HTI and each other Person who becomes a Borrower under the Loan Agreement referred to below, each a “Borrower”, and collectively “Borrowers”), the financial institutions set forth on the signature pages hereto (each a “Lender” and collectively, “Lenders”) and PNC Bank, National Association as agent for Lenders (in such capacity, “Agent”).
NOTE REPURCHASE AGREEMENTNote Repurchase Agreement • January 28th, 2013 • Hutchinson Technology Inc • Electronic components, nec • Minnesota
This Note Repurchase Agreement (“Agreement”), dated as of January 9, 2013 is by and between Silver Lake Credit Fund, L.P. (the “Seller”) and Hutchinson Technology Incorporated, a Minnesota corporation (the “Buyer”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 28th, 2013 • Hutchinson Technology Inc • Electronic components, nec • New York
SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of January 22, 2013, by and among Hutchinson Technology Incorporated, a Minnesota corporation, with headquarters located at 40 West Highland Park Drive NE, Hutchinson, MN 55350 (the “Company”) and the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
HUTCHINSON TECHNOLOGY INCORPORATED and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee and Collateral Agent FIRST SUPPLEMENTAL INDENTURE Dated as of January 22, 2013First Supplemental Indenture • January 28th, 2013 • Hutchinson Technology Inc • Electronic components, nec • New York
THIS FIRST SUPPLEMENTAL INDENTURE dated as of January 22, 2013 (this “First Supplemental Indenture”) between Hutchinson Technology Incorporated, a corporation duly organized and existing under the laws of the State of Minnesota (the “Company”), and Wells Fargo Bank, National Association, as Trustee (the “Trustee”) and Collateral Agent (the “Collateral Agent”), amends and supplements (i) the Indenture dated as of March 30, 2012 among the Company, the Guarantors party thereto from time to time, and the Trustee and Collateral Agent (the “Indenture”), and (ii) certain other Note Documents.
FIRST AMENDMENT TO INTERCREDITOR AGREEMENTIntercreditor Agreement • January 28th, 2013 • Hutchinson Technology Inc • Electronic components, nec • New York
FIRST AMENDMENT, dated as of January 22, 2013 (this “Amendment”), to the Intercreditor Agreement, dated as of March 30, 2012 (the “Original Intercreditor Agreement”) (the Original Agreement, as amended hereby and as further amended, restated, supplemented or otherwise modified from time to time, the “Intercreditor Agreement”), by and between PNC BANK, NATIONAL ASSOCIATION, a national banking association (“PNC”), in its capacity as agent under the First Lien Debt Documents (as defined in the Intercreditor Agreement) (in such capacity, and together with its successors and assigns in such capacity, “First Lien Agent”), PNC, as Limited Agent pursuant to Section 5.8 of the Intercreditor Agreement, WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), in its capacity as trustee and collateral agent under the Second Lien Debt Documents (8.50% Notes) (as defined in the Intercreditor Agreement) (the “8.50% Lien Agent”), and WELLS FARGO, in its capacity as trust
