Item 1.01 Entry into a Material Definitive Agreement.
On
The Amended and Restated Credit Agreement amends and restates in its entirety
the Company's existing
The Amended and Restated Revolving Credit Facility is available for general
corporate purposes and is subject to quarterly amortization of principal (in
equal installments) equal to 0.625% of the initial aggregate term loan advances
to be paid quarterly commencing
Interest on outstanding borrowings under the Amended and Restated Credit
Agreement (other than swingline loans) accrues, at the Company's option, at (a)
the London Interbank Offered Rate ("LIBOR") plus the Applicable Rate (as defined
in the Amended and Restated Credit Agreement, approximately 1.00% to 2.00% per
annum depending on various factors) or (b) for
The Amended and Restated Credit Agreement is subject to certain customary security, financial and other covenants as set forth in the Amended and Restated Credit Agreement. Amounts due under the Amended and Restated Credit Agreement may be accelerated upon customary specified events of default, subject, in some cases, to cure periods.
The Amended and Restated Credit Agreement is generally secured by a pledge of (a) all the capital stock of the Company's domestic subsidiaries and 65% of the capital stock of its directly owned foreign subsidiaries, (b) all of the present and future personal property and assets of the Company and the Guarantors (including, but not limited to, accounts receivable, inventory, intellectual property and fixed assets of the Company and the Guarantors), in each case, subject to customary exceptions and limitations, and (c) all proceeds and products of the property and assets described in clauses (a) and (b) above.
Certain of the lenders and the agents under the Amended and Restated Credit Agreement, or their respective affiliates or subsidiaries, have provided, and may in the future provide, investment banking, underwriting, lending, commercial banking, trust and other services to the Company or its affiliates or subsidiaries, for which these parties have received, and may in the future receive, customary compensation from the Company or its affiliates or subsidiaries for the provision of these services.
The foregoing summary of certain terms and conditions of the Amended and Restated Credit Agreement is not complete and is subject to, and qualified in its entirety by, the full text of the Amended and Restated Credit Agreement, which is attached hereto as Exhibit 10.1 and incorporated by reference herein.
Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.
The information set forth under Item 1.01 of this Current Report on Form 8-K with respect to the Amended and Restated Credit Agreement is hereby incorporated by reference into this Item 2.03.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
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Exhibit No. Description 10.1 Amended and Restated Credit Agreement, datedDecember 21, 2021 , by and amongBenchmark Electronics, Inc. , certain of its subsidiaries, the lenders party thereto andBank of America, N.A ., as Administrative Agent, Swingline Lender and a L/C Issuer*
*Certain exhibits and schedules have been omitted pursuant to Item 601(a)(5) of
Regulation S-K.
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