Seventh Amendment to Credit Agreement, dated as of October 3, 2017, among the Company, the guarantors party thereto, then lenders party thereto, and Bank of America, N.A., in its capacity as Administrative Agent, an L/C Issuer and the Swing Line Lender
EX-10.46 2 a10k2017exhibit1046.htm EXHIBIT 10.46 Exhibit
EXHIBIT 10.46
October 3, 2017
SYNNEX Corporation
44201 Nobel Drive
Fremont, California 94538
Re: | Seventh Amendment to Credit Agreement dated as of November 27, 2013 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement”) among SYNNEX CORPORATION, a Delaware corporation (the “Borrower”), the Guarantors party thereto, the Lenders from time to time party thereto and Bank of America, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer |
Ladies and Gentlemen:
Reference is made to the Credit Agreement. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned thereto in the Credit Agreement.
The parties hereto agree that all references to “calendar quarter” in Sections 2.07(c) and 2.07(d) of the Credit Agreement shall be amended to be references to “fiscal quarter”.
The Credit Agreement remains in full force and effect as modified to the extent set forth herein. This letter agreement may be executed in any number of counterparts, each of which shall constitute an original, but all of which when taken together shall constitute but one agreement. Delivery of an executed counterpart of this letter by facsimile or other secure electronic format (.pdf) shall be effective as an original. This letter agreement shall be effective upon receipt by the Administrative Agent of counterparts of this letter agreement executed by the Loan Parties. This letter agreement is a Loan Document.
This letter agreement shall be a Loan Document. This letter shall be governed by and construed in accordance with the laws of the State of New York.
[signature pages follow].
Very truly yours,
BANK OF AMERICA, N.A.,
as Administrative Agent
By:/s/ Brenda Schriner
Name: Brenda Schriner
Title: Vice President
Accepted and Agreed to:
BORROWER: SYNNEX CORPORATION,
a Delaware corporation
By:/s/ Simon Y. Leung __
Name: Simon Y. Leung
Title: Senior Vice President, General Counsel and Corporate Secretary
GUARANTORS: SYNNEX FINANCE HYBRID II, LLC,
a California limited liability company
By:/s/ Simon Y. Leung __
Name: Simon Y. Leung
Title: Senior Vice President, General Counsel and Corporate Secretary
LASTING HOLDINGS CORPORATION,
a California corporation
By:/s/ Simon Y. Leung __
Name: Simon Y. Leung
Title: Senior Vice President, General Counsel and Corporate Secretary
HYVE SOLUTIONS CORPORATION,
a California corporation
By:/s/ Simon Y. Leung __
Name: Simon Y. Leung
Title: Senior Vice President, General Counsel and Corporate Secretary
HYVE SOLUTIONS US GLOBAL HOLDING CORP,
a Delaware corporation
By:/s/ Simon Y. Leung __
Name: Simon Y. Leung
Title: Senior Vice President, General Counsel and Corporate Secretary
COMPUTERLAND CORPORATION,
a California corporation
By:/s/ Simon Y. Leung __
Name: Simon Y. Leung
Title: Senior Vice President, General Counsel and Corporate Secretary
[Signature Pages Continue]
CONCENTRIX GLOBAL HOLDINGS, INC.,
a Delaware corporation
By:/s/ Simon Y. Leung __
Name: Simon Y. Leung
Title: Senior Vice President, General Counsel and Corporate Secretary
CONCENTRIX CORPORATION,
a New York corporation
By:/s/ Simon Y. Leung __
Name: Simon Y. Leung
Title: Senior Vice President, General Counsel and Corporate Secretary
LICENSE ONLINE, INC.,
a California corporation
By:/s/ Simon Y. Leung __
Name: Simon Y. Leung
Title: Senior Vice President, General Counsel and Corporate Secretary
WG-US HOLDCO, INC.,
a Delaware corporation
By:/s/ Simon Y. Leung __
Name: Simon Y. Leung
Title: Senior Vice President, General Counsel and Corporate Secretary
WESTCON GROUP, INC.,
a Delaware corporation
By:/s/ Simon Y. Leung __
Name: Simon Y. Leung
Title: Senior Vice President, General Counsel and Corporate Secretary
