IN THIS REGARD,
(C) NOTICE PRIOR TO TAKING POSSESSION OR CONTROL OF ANY COLLATERAL, (D) ANY BOND
OR SECURITY THAT MIGHT BE REQUIRED BY A COURT PRIOR TO ALLOWING THE AGENT TO
EXERCISE ANY RIGHTS OR REMEDIES, (E) THE BENEFIT OF ALL VALUATION, APPRAISEMENT
AND EXEMPTION LAWS, (F) ANY CLAIM AGAINST THE AGENT OR ANY LENDER, ON ANY THEORY
OF LIABILITY, FOR SPECIAL, INDIRECT,
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT - Page 96
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (AS OPPOSED TO DIRECT OR ACTUAL
DAMAGES) IN ANY WAY RELATING TO ANY ENFORCEMENT ACTION, OBLIGATIONS, LOAN
DOCUMENTS, OR TRANSACTIONS RELATING THERETO, AND (G) NOTICE OF ACCEPTANCE
HEREOF. EACH BORROWER ACKNOWLEDGES THAT THE FOREGOING WAIVERS ARE A MATERIAL
INDUCEMENT TO THE AGENT AND THE LENDERS ENTERING INTO THIS AGREEMENT AND THAT
THE AGENT AND THE LENDERS ARE RELYING UPON THE FOREGOING IN THEIR DEALINGS WITH
THE BORROWERS. EACH BORROWER HAS REVIEWED THE FOREGOING WAIVERS WITH ITS LEGAL
COUNSEL AND HAS KNOWINGLY AND VOLUNTARILY WAIVED ITS JURY TRIAL AND OTHER RIGHTS
FOLLOWING CONSULTATION WITH LEGAL COUNSEL. IN THE EVENT OF LITIGATION, THIS
AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT.
14.19. Additional Borrowers. Addition of any Person as a Borrower party to this
Agreement is subject to approval by the Agent and the Lenders, and may be
conditioned upon such requirements as they may determine in their discretion.
The Agent and the Lenders have no obligation to approve any Person for addition
as a Borrower party to this Agreement.
14.20. Patriot Act Notice. The Agent and the Lenders hereby notify the Borrowers
that pursuant to the requirements of the Patriot Act, the Agent and the Lenders
are required to obtain, verify, and record information that identifies each
Borrower, including its legal name, address, tax ID number, and other
information that will allow the Agent and the Lenders to identify each Borrower
in accordance with the Patriot Act. The Agent and the Lenders will also require
information regarding each personal guarantor, if any, and may require
information regarding the Borrowers' management and owners, such as legal name,
address, social security number, and date of birth.
14.21. No Oral Agreement. THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT
THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE
OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS BETWEEN THE PARTIES.
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
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AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT - Page 97
IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the
date set forth above.
BORROWER:
AMKOR TECHNOLOGY, INC.
By:
/s/ Joanne Solomon
Name: Joanne Solomon
Title:
Executive Vice President and Chief
Financial Officer
Address for notices to all Borrowers:
c/o Amkor Technology, Inc.
1900 South Price Road
Chandler, Arizona 85286
Attention: Treasurer
Telecopy: (480) 821-6674
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT - Signature Page
AGENT:
BANK OF AMERICA, N.A.
By: