AMENDED AND RESTATED CREDIT AGREEMENT by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Lead Arranger, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Book Runner, THE LENDERS THAT ARE...Credit Agreement • March 22nd, 2021 • CMI Acquisition, LLC • Semiconductors & related devices • Illinois
THIS AMENDED AND RESTATED CREDIT AGREEMENT, is entered into as of December 28, 2020 by and among the lenders identified on the signature pages hereof (each of such lenders, together with its successors and permitted assigns, is referred to hereinafter as a “Lender”, as that term is hereinafter further defined), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as lead arranger (in such capacity, together with its successors and permitted assigns in such capacity, the “Lead Arranger”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as book runner (in such capacity, together with its successors and permitted assigns in such capacity, the “Book Runner”), CMI ACQUISITION, LLC, a Delaware limited l
REDEMPTION AGREEMENTRedemption Agreement • March 22nd, 2021 • CMI Acquisition, LLC • Semiconductors & related devices • Delaware
THIS REDEMPTION AGREEMENT (“Agreement”), dated as of December 29, 2020 (the “Effective Date”), is entered into by and between CMI ACQUISITION, LLC, a Delaware limited liability company (the “Company”), and Gary Obermiller, an individual and resident of the State of Minnesota (“Seller”).
SKYWATER TECHNOLOGY, INC.Nonqualified Stock Option Agreement • March 22nd, 2021 • CMI Acquisition, LLC • Semiconductors & related devices
SkyWater Technology, Inc., a Delaware corporation (the “Company”), hereby grants an option (the “Option”) to purchase shares of the Company’s common stock, par value $0.01 per share (the “Stock”), to the Grantee named below, subject to the vesting conditions set forth below. Additional terms and conditions of the Option are set forth on this cover sheet and in the attached Nonqualified Stock Option Agreement (together, the “Agreement”) and in the SkyWater Technology, Inc. 2021 Equity Incentive Plan (as amended from time to time, the “Plan”).
SKYWATER TECHNOLOGY, INC.Restricted Stock Unit Agreement • March 22nd, 2021 • CMI Acquisition, LLC • Semiconductors & related devices
SkyWater Technology, Inc., a Delaware corporation (the “Company”), hereby grants restricted stock units (the “RSUs”) relating to shares of the Company’s common stock, par value $0.01 per share (the “Stock”), to the Grantee named below, subject to the vesting conditions set forth below. Additional terms and conditions of the RSUs are set forth on this cover sheet and in the attached Restricted Stock Unit Agreement (together, the “Agreement”) and in the SkyWater Technology, Inc. 2021 Equity Incentive Plan (as amended from time to time, the “Plan”).
PROJECT PATRIOT BONUS AGREEMENTProject Patriot Bonus Agreement • March 22nd, 2021 • CMI Acquisition, LLC • Semiconductors & related devices • Minnesota
SkyWater Technology Foundry, Inc. is pleased to present you with this Project Patriot Bonus Agreement, which has the potential bonus earnings value of $250,000 (subject to applicable tax withholdings), subject to all the terms and conditions detailed below.
MANAGEMENT FEE AGREEMENTManagement Fee Agreement • March 22nd, 2021 • CMI Acquisition, LLC • Semiconductors & related devices • Minnesota
THIS MANAGEMENT FEE AGREEMENT (this “Agreement”’) is made as of March 1, 2017, by and between SkyWater Technology Foundry, Inc. a Delaware C Corporation (the “Company”’), and Oxbow Industries, LLC a Minnesota limited liability company (the “Manager”).
SKYWATER TECHNOLOGY, INC.Incentive Stock Option Agreement • March 22nd, 2021 • CMI Acquisition, LLC • Semiconductors & related devices • Delaware
SkyWater Technology, Inc., a Delaware corporation (the “Company”), hereby grants an option (the “Option”) to purchase shares of the Company’s common stock, par value $0.01 per share (the “Stock”), to the Grantee named below, subject to the vesting conditions set forth below. Additional terms and conditions of the Option are set forth on this cover sheet and in the attached Incentive Stock Option Agreement (together, the “Agreement”) and in the SkyWater Technology, Inc. 2021 Equity Incentive Plan (as amended from time to time, the “Plan”).
PROJECT PATRIOT BONUS AGREEMENTProject Patriot Bonus Agreement • March 22nd, 2021 • CMI Acquisition, LLC • Semiconductors & related devices • Minnesota
SkyWater Technology Foundry, Inc. is pleased to present you with this Project Patriot Bonus Agreement, which has the potential bonus earnings value of $62,500 (subject to applicable tax withholdings), subject to all the terms and conditions detailed below.
PURCHASE AGREEMENTPurchase Agreement • March 22nd, 2021 • CMI Acquisition, LLC • Semiconductors & related devices • Minnesota
THIS PURCHASE AGREEMENT (this “Agreement”), is made and entered into this 29th day of September, 2020 (“Effective Date”) by and between Skywater Technology Foundry, Inc., a Delaware corporation (“Seller”), and Oxbow Realty Partners, LLC, a Delaware limited liability company (“Buyer”).
RESTRICTED UNIT UNIT AGREEMENT COVER SHEETRestricted Unit Unit Agreement • March 22nd, 2021 • CMI Acquisition, LLC • Semiconductors & related devices • Delaware
By your acknowledgement of this Agreement, you agree to all of the terms and conditions described in the Agreement. You acknowledge that you have carefully reviewed this Agreement.
WARRANT PURCHASE AGREEMENTWarrant Purchase Agreement • March 22nd, 2021 • CMI Acquisition, LLC • Semiconductors & related devices • Delaware
THIS WARRANT PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of December 27, 2020 (the “Effective Date”), by and between CMI ACQUISITION, LLC, a Delaware limited liability company (the “Company”), and GORDON BROTHERS FINANCE COMPANY, a Delaware corporation (the “Holder”).
RESTRICTED UNIT AGREEMENTRestricted Unit Agreement • March 22nd, 2021 • CMI Acquisition, LLC • Semiconductors & related devices • Delaware
THIS RESTRICTED UNIT AGREEMENT (this “Agreement”) is made and entered into as of [______], 20[_] (the “Effective Date”), by and between CMI ACQUISITION, LLC, a Delaware limited liability company (the “Company”), and [_______], an individual (“Grantee”).
LEASELease • March 22nd, 2021 • CMI Acquisition, LLC • Semiconductors & related devices • Minnesota
THIS LEASE (the “Lease”), is made this 30th day of September, 2020 (“Effective Date”), by and between Oxbow Realty Partners, LLC, a Delaware limited liability company (“Landlord”), whose address is 5000 West 36th Street, Suite 130, Minneapolis, MN, 55416, and SKYWATER TECHNOLOGY FOUNDRY, INC., a Delaware corporation (“Tenant”), whose address is 2401 East 86th Street, Bloomington, Minnesota 55425. Landlord and Tenant may sometimes be collectively referred to herein as the “parties” or each a “party”.
PROJECT PATRIOT BONUS AGREEMENTProject Patriot Bonus Agreement • March 22nd, 2021 • CMI Acquisition, LLC • Semiconductors & related devices • Minnesota
SkyWater Technology Foundry, Inc. is pleased to present you with this Project Patriot Bonus Agreement, which has the potential bonus earnings value of $300,000 (subject to applicable tax withholdings), subject to all the terms and conditions detailed below.
WAIVER, CONSENT AND FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 22nd, 2021 • CMI Acquisition, LLC • Semiconductors & related devices
This WAIVER, CONSENT AND FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is entered into as of March 19, 2021 by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as “Lenders”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”), CMI ACQUISITION, LLC, a Delaware limited liability company (“Parent”), and SKYWATER TECHNOLOGY FOUNDRY, INC., a Delaware corporation (“SkyWater”).
TECHNOLOGY AND ECONOMIC DEVELOPMENT AGREEMENT By and Between OSCEOLA COUNTY, FLORIDA and SKYWATER FLORIDA, INC. joined for limited purposes by ICAMR, Inc., a Florida nonprofit corporation dba BRIDGTechnology and Economic Development Agreement • March 22nd, 2021 • CMI Acquisition, LLC • Semiconductors & related devices • Florida
THIS TECHNOLOGY AND ECONOMIC DEVELOPMENT AGREEMENT (including any amendments and supplements hereto executed and delivered in accordance with the terms hereof, this “Technology Development Agreement”) is made and entered into as of January 25, 2021 (the “Signing Date”) and, subject to the terms and conditions hereof, effective as of the Effective Date, by and between Osceola County, a charter county and political subdivision of the State of Florida (“Osceola County”) and SkyWater Florida, Inc., a Delaware corporation authorized to transact business in the State of Florida (“SkyWater”) and joined for limited purposes by ICAMR, Inc., a Florida nonprofit corporation dba BRIDG (“BRIDG”).
