FORM OF SECOND AMENDMENT AND RESTATEMENT AND JOINDER AGREEMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTSCredit Agreement • June 21st, 2021 • New Beginnings Acquisition Corp. • Radio & tv broadcasting & communications equipment • New York
THIS AMENDED AND RESTATED CREDIT AGREEMENT dated as of [●], 2021 (as the same may be further amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), is entered into by, among others, airspAn networks Inc., a Delaware corporation (the “Initial Borrower” and together with each other Person that becomes a Borrower hereunder from time to time, each a “Borrower” and collectively, the “Borrowers”), AIRSPAN NETWORKS HOLDINGS INC. (formerly known as New Beginnings Acquisition Corp.), a Delaware corporation and the parent of the Initial Borrower (“Holdings”) and each Subsidiary of the Borrower that is identified as a guarantor on Schedule 1.01(b) hereto or that becomes a Guarantor hereunder from time to time (together with Holdings, collectively, the “Guarantors” and each, a “Guarantor”), the Lenders from time to time party hereto and DBFIP ANI LLC, a Delaware limited liability company (“Fortress”), in its capacity as the administrative
Form of Airspan Networks Holdings Inc. Indemnification Agreement (June 21, 2021)] INDEMNIFICATION And Advancement AGREEMENTIndemnification Agreement • June 21st, 2021 • New Beginnings Acquisition Corp. • Radio & tv broadcasting & communications equipment • Delaware
This Indemnification and Advancement Agreement (as amended or amended and restated, this “Agreement”) is made as of ________ __, 2021 (the “Effective Date”) by and between Airspan Networks Holdings Inc., a Delaware corporation (the “Company”) (f/k/a New Beginnings Acquisition Corp., a Delaware corporation), and ______________, [ ● ] of the Company (“Indemnitee”).
LIMITED CONSENTLimited Consent • June 21st, 2021 • New Beginnings Acquisition Corp. • Radio & tv broadcasting & communications equipment • New York
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 21st, 2021 • New Beginnings Acquisition Corp. • Radio & tv broadcasting & communications equipment • New York
This FIRST AMENDMENT TO CREDIT AGREEMENT (this “Agreement”) is dated as of June 14, 2021 and entered into by AIRSPAN NETWORKS, INC., a Delaware corporation, as borrower (“ANI” or the “Borrower”), and together with each undersigned Subsidiary of the Borrower party to the Credit Agreement (as defined below) as a Guarantor (collectively, as the “Guarantors” and each a “Guarantor” and together with the Borrower, collectively referred to herein as the “Loan Parties” and each as a “Loan Party”), the Lenders party hereto, which constitute at least the Requisite Lenders, and DBFIP ANI LLC (“Fortress”), as Administrative Agent and Collateral Agent (Fortress, together with its successors and assigns in such capacities, the “Agent”).
Amendment to OFDMA Smallcell License AgreementOfdma Smallcell License Agreement • June 21st, 2021 • New Beginnings Acquisition Corp. • Radio & tv broadcasting & communications equipment
This Amendment to OFDMA Smallcell License Agreement (the “Amendment”) is entered into as of July 1, 2015 (the “Amendment Effective Date”) between QUALCOMM Incorporated, a Delaware corporation (“QUALCOMM”), and Airspan Networks, Inc., a Delaware corporation (“LICENSEE”). This Amendment modifies the OFDMA Smallcell License Agreement entered into as of August 25, 2014 between QUALCOMM and LICENSEE (the “License Agreement”) as follows:
Manufacturing Supply Agreement (“Agreement”)Manufacturing Supply Agreement • June 21st, 2021 • New Beginnings Acquisition Corp. • Radio & tv broadcasting & communications equipment
This Agreement is made and entered into as of ___31th May _________ 2019 (the “Effective Date”) by Airspan Communications Limited, a company incorporated in England under number ---- whose registered office is Capital Point, 33 Batch Road, Slough, SLl 3 UF, United Kingdom (“COMPANY”) and , Cape EMS Manufacturing (M) Sdn. Bhd. & Cape Manufacturing (M) Sdn Bhd a company incorporated in Malaysia, and having its registered offices at, 227D, Kawasan Perindustrian Senai 3, 81400 Senai, Johor, Malaysia and 22, Jalan Temenggong Dua, Kawasan Perindustrian Temenggong Dua, 81100 Johor Bahru, Johor, Malaysia on behalf of itself and its affiliates (“MANUFACTURER”). COMPANY and MANUFACTURER are sometimes referred to collectively as the “Parties” and each as a “Party.”
AMENDMENT TO COMPONENTS SUPPLY AGREEMENTComponents Supply Agreement • June 21st, 2021 • New Beginnings Acquisition Corp. • Radio & tv broadcasting & communications equipment
This Amendment to Components Supply Agreement (the “Amendment”) is entered into as of January 19, 2017 (the “Amendment Effective Date”), by and between QUALCOMM CDMA Technologies Asia-Pacific Pte. Ltd., a Singapore corporation (“QCTAP”) and Airspan Networks, Inc., a Delaware corporation (“Buyer”), who hereby agree to amend that certain Components Supply Agreement dated November 20, 2014 (the “CSA”) as follows:
RESIGNATION AND ASSIGNMENT AGREEMENT (AIRSPAN NETWORKS INC.)Resignation and Assignment Agreement • June 21st, 2021 • New Beginnings Acquisition Corp. • Radio & tv broadcasting & communications equipment • New York
This Resignation and Assignment Agreement (this “Agreement”) is entered into as of December 30, 2020 and effective as of the Effective Date (as defined in Section 5 below), by and among PACIFIC WESTERN BANK, the successor in interest by merger to Square 1 Bank (“PWB”), in its capacity as Agent (as defined below) (PWB in such capacity, the “Existing Agent”) under the Transaction Documents (defined below), DBFIP ANI LLC, a Delaware limited liability company (“Fortress”), in its capacity as Successor Agent (as defined below) under the Transaction Documents, Airspan Networks Inc., a Delaware corporation (“ANI”) and each other Borrower and Guarantors named on the signature pages hereto (collectively, the “Obligors”) and each of the Lenders named on the signature pages hereto. Capitalized terms defined in the Credit Agreement have the same meanings when used herein unless otherwise defined herein.
AMENDMENT TO COMPONENTS SUPPLY AGREEMENTComponents Supply Agreement • June 21st, 2021 • New Beginnings Acquisition Corp. • Radio & tv broadcasting & communications equipment
This Amendment to Components Supply Agreement (the “Amendment”) is entered into as of Oct. 23, 2019 (the “Amendment Effective Date”) by and between QUALCOMM CDMA Technologies Asia-Pacific Pte. Ltd., a Singapore corporation (“QCTAP”) and Airspan Networks, Inc., a Delaware corporation (“Buyer”), who hereby agree to amend that certain Components Supply Agreement dated November 20, 2014, as amended (the “CSA”) between the parties, as set forth below. Capitalized terms used in this Amendment shall have the meaning set forth in the CSA, unless otherwise provided herein.
COMPONENTS SUPPLY AGREEMENTComponents Supply Agreement • June 21st, 2021 • New Beginnings Acquisition Corp. • Radio & tv broadcasting & communications equipment • California
This Components Supply Agreement (“Agreement”) is entered into effective as of November 20, 2014 (the “Effective Date”), by and between QUALCOMM CDMA Technologies Asia-Pacific Pte. Ltd., a Singapore corporation (“QCTAP”) and Airspan Networks, Inc., a Delaware corporation (“Buyer”), with respect to the following facts:
AMENDMENT ONE TO SUPPLY AGREEMENTSupply Agreement • June 21st, 2021 • New Beginnings Acquisition Corp. • Radio & tv broadcasting & communications equipment
This Amendment One to Supply Agreement (“Amendment One”) is dated as of January 1st, 2018 (the “Amendment One Effective Date”), and is between Purchaser, Foxconn and CNT.
REAFFIRMATION AGREEMENT AND OMNIBUS AMENDMENT AGREEMENTReaffirmation Agreement and Omnibus Amendment Agreement • June 21st, 2021 • New Beginnings Acquisition Corp. • Radio & tv broadcasting & communications equipment • New York
THIS CREDIT AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) dated as of December 30, 2020, is entered into by, among others, airspAn networks Inc., a Delaware corporation (the “Initial Borrower” and together with each other Person that becomes a Borrower hereunder from time to time, each a “Borrower” and collectively, the “Borrowers”), each Subsidiary of the Borrower listed as a “Guarantor” on the signature pages to the Reaffirmation and Omnibus Amendment Agreement (as defined below) on the date hereof or that becomes a Guarantor hereunder from time to time, the Lenders from time to time party hereto and DBFIP ANI LLC, a Delaware limited liability company (“Fortress”), in its capacity as the administrative agent for the Lenders (Fortress, together with its successors and assigns in such capacity, the “Administrative Agent”) and as the collateral agent and trustee for the Lenders (Fortress, together with its
Supply AgreementSupply Agreement • June 21st, 2021 • New Beginnings Acquisition Corp. • Radio & tv broadcasting & communications equipment • California
WHEREAS, Foxconn, either directly or through its Affiliates, is in the business of designing, manufacturing and supplying electronic products and devices.
AMENDMENT TO COMPONENTS SUPPLY AGREEMENTComponents Supply Agreement • June 21st, 2021 • New Beginnings Acquisition Corp. • Radio & tv broadcasting & communications equipment
This Amendment to Components Supply Agreement (“Amendment”) is entered into as of January 23, 2018 (the “Amendment Effective Date”) by and between QUALCOMM CDMA Technologies Asia-Pacific Pte. Ltd. (“QCTAP”) and Airspan Networks, Inc. (“Buyer”), who hereby agree to amend that certain Components Supply Agreement between QCTAP and Buyer dated November 20, 2014, as amended (the “CSA”) as follows. Capitalized terms used in this Amendment shall have the meaning set forth in the CSA, unless otherwise provided herein.
OFDMA SMALLCELL LICENSE AGREEMENTOfdma Smallcell License Agreement • June 21st, 2021 • New Beginnings Acquisition Corp. • Radio & tv broadcasting & communications equipment • Delaware
This OFDMA Smallcell License Agreement (the “Agreement”) is entered into as of August 25, 2014 (the “Effective Date”) between QUALCOMM Incorporated, a Delaware corporation, and Airspan Networks, Inc., a Delaware corporation, with respect to the following facts:
AMENDMENT TWO TO SUPPLY AGREEMENTSupply Agreement • June 21st, 2021 • New Beginnings Acquisition Corp. • Radio & tv broadcasting & communications equipment
This Amendment Two to Supply Agreement (“Amendment Two”) is made and become effective as of February 21st, 2020 (the “Amendment Two Effective Date”) by and between Purchaser and Foxconn.
