terms of this Amendment and the other
Loan Documents.
Section 5.9 Headings. The headings, captions, and arrangements used in this
Amendment are for convenience only and shall not affect the interpretation of
this Amendment.
Section 5.10 Entire Agreement. THIS AMENDMENT AND ALL OTHER INSTRUMENTS,
DOCUMENTS, AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION WITH THIS
AMENDMENT EMBODY THE FINAL, ENTIRE AGREEMENT AMONG THE PARTIES HERETO AND
SUPERSEDE ANY AND ALL PRIOR COMMITMENTS, AGREEMENTS, REPRESENTATIONS, AND
UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO THIS AMENDMENT, AND MAY NOT
BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT
ORAL AGREEMENTS OR DISCUSSIONS OF THE PARTIES HERETO. THERE ARE NO ORAL
AGREEMENTS AMONG THE PARTIES HERETO.
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT - Page 4
Section 5.11 Amendment as a Loan Document. This Amendment constitutes a
Loan Document and any failure of the Borrowers to comply with the terms and
conditions of this Amendment shall result in a Default under the Credit
Agreement.
[Remainder of page intentionally left blank.]
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT - Page 5
IN WITNESS WHEREOF, the parties have entered into this Amendment on the
date first above written.
BORROWERS:
AMKOR TECHNOLOGY, INC.
By:
Name:
/s/ Kenneth T. Joyce
Kenneth T. Joyce
Title:
Chief Financial Officer
UNITIVE, INC.
By:
Name:
/s/ Joanne Solomon
Joanne Solomon
Title:
Treasurer
UNITIVE ELECTRONICS, INC.
By:
Name:
/s/ Joanne Solomon
Joanne Solomon
Title:
Treasurer
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT - Page 6
AGENT:
BANK OF AMERICA, N.A.
By:
/s/ Jay L. Bartholomew
Name:
Jay L. Bartholomew
Title:
Senior Vice President
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT - Page 7
LENDERS:
BANK OF AMERICA, N.A.
By:
/s/ Joy L. Bartholomew
Name:
Joy L. Bartholomew
Title:
Senior Vice President
WACHOVIA CAPITAL FINANCE CORPORATION (WESTERN)
By:
Name:
/s/ Gary Whitaker
Gary Whitaker
Title:
Director
TEXTRON FINANCIAL CORPORATION
By:
/s/ Robert J. Dysart, Jr.
Name:
Robert J. Dysart, Jr.
Title:
Senior Account Executive
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT - Page 8