Plexus Corp Sample Contracts

Plexus Corp – AMENDMENT NO. 9 TO AMENDED AND RESTATED MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT (August 2nd, 2019)

This AMENDMENT NO. 9 TO AMENDED AND RESTATED MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT, dated as of June 21, 2019 (this “Amendment”), is made and entered into by and between Plexus Corp., a Wisconsin corporation (“Plexus”), Plexus Intl. Sales & Logistics, LLC, a Delaware limited liability company (“PISL”), Plexus Manufacturing Sdn. Bhd., a private company limited by shares organized under the laws of Malaysia (“PM”), Plexus Services Ro SRL, a company organized and existing under the laws of Romania. (“Plexus Romania”), Plexus Corp. (UK) Limited, a company organized and existing under the laws of Scotland (“Plexus UK” and together with Plexus, PISL, PM and Plexus Romania, each, a “Seller”, and collectively, the “Sellers”), Plexus, as Seller Representative and as Guarantor, and MUFG Bank, Ltd. (f/k/a The Bank of Tokyo-Mitsubishi UFJ, Ltd., New York Branch) (the “Purchaser”).

Plexus Corp – PLEXUS CORP. FIRST AMENDMENT Dated as of June 25, 2019 (August 2nd, 2019)

THIS FIRST AMENDMENT dated as of June 25, 2019 (the or this “First Amendment”) to the Note Purchase Agreement dated as of June 15, 2018 is among Plexus Corp., a Wisconsin corporation (the “Company”), and each of the institutions which is a signatory to this First Amendment (collectively, the “Noteholders”).

Plexus Corp – CREDIT AGREEMENT DATED AS OF MAY 15, 2019 AMONG PLEXUS CORP., THE SUBSIDIARY BORROWERS PARTY HERETO, THE LENDERS, JPMORGAN CHASE BANK, N.A., AS ADMINISTRATIVE AGENT (May 15th, 2019)

This Credit Agreement (this “Agreement”), dated as of May 15, 2019, is among Plexus Corp., the Subsidiary Borrowers from time to time party hereto, the Lenders and JPMorgan Chase Bank, N.A., as a Lender, an LC Issuer, a Swing Line Lender and as Administrative Agent. The parties hereto agree as follows:

Plexus Corp – AMENDMENT NO. 8 TO AMENDED AND RESTATED MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT (May 3rd, 2019)

This AMENDMENT NO. 8 TO AMENDED AND RESTATED MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT, dated as of March 20, 2019 (this “Amendment”), is made and entered into by and between Plexus Corp., a Wisconsin corporation (“Plexus”), Plexus Intl. Sales & Logistics, LLC, a Delaware limited liability company (“PISL”), Plexus Manufacturing Sdn. Bhd., a private company limited by shares organized under the laws of Malaysia (“PM”), Plexus Services Ro SRL, a company organized and existing under the laws of Romania. (“Plexus Romania”), Plexus Corp. (UK) Limited, a company organized and existing under the laws of Scotland (“Plexus UK” and together with Plexus, PISL, PM and Plexus Romania, each, a “Seller”, and collectively, the “Sellers”), Plexus, as Seller Representative and as Guarantor, and MUFG Bank, Ltd. (f/k/a The Bank of Tokyo-Mitsubishi UFJ, Ltd., New York Branch) (the “Purchaser”).

Plexus Corp – AMENDMENT NO. 7 TO AMENDED AND RESTATED MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT (November 16th, 2018)

This AMENDMENT NO. 7 TO AMENDED AND RESTATED MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT, dated as of September 19, 2018 (this “Amendment”), is made and entered into by and between Plexus Corp., a Wisconsin corporation (“Plexus”), Plexus Intl. Sales & Logistics, LLC, a Delaware limited liability company (“PISL”), Plexus Manufacturing Sdn. Bhd., a private company limited by shares organized under the laws of Malaysia (“PM”), Plexus Services Ro SRL, a company organized and existing under the laws of Romania. (“Plexus Romania”), Plexus Corp. (UK) Limited, a company organized and existing under the laws of Scotland (“Plexus UK” and together with Plexus, PISL, PM and Plexus Romania, each, a “Seller”, and collectively, the “Sellers”), Plexus, as Seller Representative and as Guarantor, and MUFG Bank, Ltd. (f/k/a The Bank of Tokyo-Mitsubishi UFJ, Ltd., New York Branch) (the “Purchaser”).

Plexus Corp – AMENDMENT NO. 4 TO AMENDED AND RESTATED MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT (November 16th, 2018)

This AMENDMENT NO. 4 TO AMENDED AND RESTATED MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT, dated as of September 11, 2017 (this “Amendment”), is made and entered into by and between Plexus Corp., a Wisconsin corporation (the “Seller Representative”), Plexus Intl. Sales & Logistics, LLC, a Delaware limited liability company (“PISL”), Plexus Manufacturing Sdn. Bhd. (“PM”), Plexus Services Ro SRL (“Plexus Romania”), Plexus Corp. (UK) Limited (“Plexus UK”) and The Bank of Tokyo-Mitsubishi UFJ, Ltd., New York Branch (the “Purchaser”).

Plexus Corp – AMENDMENT NO. 6 TO AMENDED AND RESTATED MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT (August 3rd, 2018)

This AMENDMENT NO. 6 TO AMENDED AND RESTATED MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT, dated as of May 4, 2018 (this “Amendment”), is made and entered into by and between Plexus Corp., a Wisconsin corporation (“Plexus”), Plexus Intl. Sales & Logistics, LLC, a Delaware limited liability company (“PISL”), Plexus Manufacturing Sdn. Bhd., a private company limited by shares organized under the laws of Malaysia (“PM”), Plexus Services Ro SRL, a company organized and existing under the laws of Romania. (“Plexus Romania”), Plexus Corp. (UK) Limited, a company organized and existing under the laws of Scotland (“Plexus UK” and together with Plexus, PISL, PM and Plexus Romania, each, a “Seller”, and collectively, the “Sellers”), Plexus, as Seller Representative and as Guarantor, and MUFG Bank Ltd. (f/k/a The Bank of Tokyo-Mitsubishi UFJ, Ltd., New York Branch) (the “Purchaser”).

Plexus Corp – 4.05% Series A Senior Notes due June 15, 2025 4.22% Series B Senior Notes due June 15, 2028 NOTE PURCHASE AGREEMENT (June 18th, 2018)
Plexus Corp – AMENDED AND RESTATED BYLAWS OF PLEXUS CORP. (a Wisconsin corporation) (March 14th, 2018)
Plexus Corp – AMENDMENT TO RIGHTS AGREEMENT (December 12th, 2017)

This Amendment (this “Amendment”) to that certain Rights Agreement by and between Plexus Corp., a Wisconsin corporation (the “Company”), and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company (“AST” or the “Rights Agent”), dated as of August 28, 2008 (the “Rights Agreement”), is entered into by and between the Company and AST, dated and effective as of December 7, 2017 (the “Effective Time”).

Plexus Corp – AMENDMENT NO. 5 TO AMENDED AND RESTATED MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT (November 17th, 2017)

This AMENDMENT NO. 5 TO AMENDED AND RESTATED MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT, dated as of October 19, 2017 (this “Amendment”), is made and entered into by and between Plexus Corp., a Wisconsin corporation (the “Seller Representative”), Plexus Intl. Sales & Logistics, LLC, a Delaware limited liability company (“PISL”), Plexus Manufacturing Sdn. Bhd. (“PM”), Plexus Services Ro SRL (“Plexus Romania”), Plexus Corp. (UK) Limited (“Plexus UK”) and The Bank of Tokyo-Mitsubishi UFJ, Ltd., New York Branch (the “Purchaser”).

Plexus Corp – PLEXUS CORP. FISCAL [____] VARIABLE INCENTIVE COMPENSATION PLAN UNDER THE 2016 OMNIBUS INCENTIVE PLAN PLEXUS OFFICERS (November 17th, 2017)

The primary objective of this Variable Incentive Compensation Plan is to reward results delivered by Participants and is designed to assist Plexus Corp. in attracting, retaining and motivating highly qualified and talented executives. The Awards under this Plan are Cash Incentive Awards under the 2016 Omnibus Incentive Plan and are intended to qualify as performance-based compensation under Section 162(m) of the Internal Revenue Code. This Plan provides annual variable incentive cash compensation opportunities to Participants for the achievement of performance goals and personal objectives that contribute to the overall success of Plexus.

Plexus Corp – PLEXUS CORP. Any statements made during our call today and information included in the supporting material that is not historical in nature, such as statements in the future tense and statements that include "believe," "expect," "intend," "plan," "anticipate," and similar terms and concepts, are forward-looking statements. Forward-looking statements are not guarantees since there are inherent difficulties in predicting future results, and actual results could differ materially from those expressed or implied in the forward- looking statements. For a list of factors that could cause actual resu (October 25th, 2017)
Plexus Corp – SAFE HARBOR & FAIR DISCLOSURE STATEMENT 2 Any statements made during our call today and information included in the supporting material that is not historical in nature, such as statements in the future tense and statements that include "believe," "expect," "intend," "plan," "anticipate," and similar terms and concepts, are forward-looking statements. Forward-looking statements are not guarantees since there are inherent difficulties in predicting future results, and actual results could differ materially from those expressed or implied in the forward-looking statements. For a list of factors (July 19th, 2017)
Plexus Corp – AMENDED AND RESTATED BYLAWS OF PLEXUS CORP. (a Wisconsin corporation) (May 22nd, 2017)
Plexus Corp – PLEXUS CORP. 2016 OMNIBUS INCENTIVE PLAN (May 5th, 2017)
Plexus Corp – AMENDMENT NO. 3 AND JOINDER TO AMENDED AND RESTATED MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT (May 5th, 2017)

This AMENDMENT NO. 3 AND JOINDER TO AMENDED AND RESTATED MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT, dated as of March 28, 2017 (this “Amendment”), is made and entered into by and between Plexus Corp., a Wisconsin corporation (the “Seller Representative”), Plexus Intl. Sales & Logistics, LLC, a Delaware limited liability company (“PISL”), Plexus Manufacturing Sdn. Bhd. (“PM”), Plexus Services Ro SRL (“Plexus Romania”), Plexus Corp. (UK) Limited (“Plexus UK”) and The Bank of Tokyo-Mitsubishi UFJ, Ltd., New York Branch (the “Purchaser”).

Plexus Corp – 2008 LONG-TERM INCENTIVE PLAN (May 5th, 2017)
Plexus Corp – SAFE HARBOR & FAIR DISCLOSURE STATEMENT 2 Any statements made during our call today and information included in the supporting material that is not historical in nature, such as statements in the future tense and statements that include "believe," "expect," "intend," "plan," "anticipate," and similar terms and concepts, are forward-looking statements. Forward-looking statements are not guarantees since there are inherent difficulties in predicting future results, and actual results could differ materially from those expressed or implied in the forward-looking statements. For a list of factors (April 19th, 2017)
Plexus Corp – PLEXUS CORP. 2016 OMNIBUS INCENTIVE PLAN DIRECTOR RESTRICTED STOCK UNIT AWARD AGREEMENT (February 3rd, 2017)

As a non-employee member of the Board of Directors (the “Board”) of Plexus Corp. (the “Corporation”), you have been awarded under the Plexus Corp. 2016 Omnibus Incentive Plan (the “Plan”), Restricted Stock Units (as described in the Plan) covering ________________ shares of the Corporation’s common stock, $.01 par value (the “Award Shares”). Your Restricted Stock Unit Award is subject in all respects to the terms and conditions of the Plan.

Plexus Corp – AMENDED AND RESTATED MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT (February 3rd, 2017)

AMENDED AND RESTATED MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT, dated as of December 14, 2016 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), between PLEXUS CORP., a Wisconsin corporation (“Plexus”), PLEXUS MANUFACTURING SDN. BHD., a private company limited by shares organized under the laws of Malaysia (“Plexus Malaysia”), PLEXUS INTL. SALES & LOGISTICS, LLC, a Delaware limited liability company (“Plexus Intl.”), each Additional Seller party hereto from time to time (Plexus, Plexus Malaysia, Plexus Intl. and any Additional Seller are referred to herein as each, a “Seller”, and collectively, the “Sellers”), Plexus, as seller representative and as a guarantor (in such capacity, the “Guarantor”), and THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., NEW YORK BRANCH (the “Purchaser”).

Plexus Corp – SAFE HARBOR & FAIR DISCLOSURE STATEMENT 2 Any statements made during our call today and information included in the supporting material that is not historical in nature, such as statements in the future tense and statements that include "believe," "expect," "intend," "plan," "anticipate," and similar terms and concepts, are forward-looking statements. Forward-looking statements are not guarantees since there are inherent difficulties in predicting future results, and actual results could differ materially from those expressed or implied in the forward-looking statements. For a list of factors (January 18th, 2017)
Plexus Corp – AMENDED AND RESTATED BYLAWS OF PLEXUS CORP. (a Wisconsin corporation) (November 21st, 2016)
Plexus Corp – PLEXUS CORP. PERFORMANCE STOCK UNIT AGREEMENT (TOTAL SHAREHOLDER RETURN) (November 18th, 2016)

In order to provide additional incentive through stock ownership for certain officers and key employees of Plexus Corp. (the “Corporation”) and its subsidiaries, you (the “Grantee”) are hereby granted a performance stock unit award (“Award”) effective as of ________________, 20___ (the “Grant Date”). This Award is subject to the terms and conditions set forth in this Agreement and in the Plexus Corp. 2016 Omnibus Incentive Plan (the “Plan”), the terms of which are incorporated herein by reference.

Plexus Corp – SAFE HARBOR & FAIR DISCLOSURE STATEMENT 2 Any statements made during our call today and information included in the supporting material that is not historical in nature, such as statements in the future tense and statements that include "believe," "expect," "intend," "plan," "anticipate," and similar terms and concepts, are forward-looking statements. Forward-looking statements are not guarantees since there are inherent difficulties in predicting future results, and actual results could differ materially from those expressed or implied in the forward-looking statements. For a list of factors (October 26th, 2016)
Plexus Corp – MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT (October 7th, 2016)

MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT, dated as of October 4, 2016 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), between PLEXUS CORP., a Wisconsin corporation (“Plexus”), PLEXUS MANUFACTURING SDN. BHD., a private company limited by shares organized under the laws of Malaysia (“Plexus Malaysia”) each Additional Seller party hereto from time to time; and, together with Plexus and Plexus Malaysia, each, a “Seller”, and collectively, the “Sellers”), Plexus, as seller representative and as a guarantor (in such capacity, the “Guarantor”), and THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., NEW YORK BRANCH (the “Purchaser”).

Plexus Corp – PLEXUS CORP. RETIREMENT AND TRANSITION AGREEMENT (August 19th, 2016)

This Agreement (the "Agreement") is made as of the 17th day of August, 2016 by and between Plexus Corp., a Wisconsin corporation (the "Company"), and Dean A. Foate, a Wisconsin resident individual ("Foate").

Plexus Corp – EMPLOYMENT AGREEMENT (August 19th, 2016)

This Employment Agreement (the “Agreement”) is made as of the 17th day of August, 2016 by and between Plexus Corp., a Wisconsin corporation (“Employer”), and Todd Kelsey, a Wisconsin resident individual (“Employee”).

Plexus Corp – PLEXUS CORP. NON-QUALIFIED STOCK OPTION AGREEMENT (August 8th, 2016)

This Option is subject to the terms and conditions set forth in this Agreement and in the Plexus Corp. 2016 Omnibus Incentive Plan (the "Plan"), the terms of which are incorporated herein by reference. Any capitalized term used but not defined herein has the meaning set forth in the Plan.

Plexus Corp – PLEXUS CORP. STOCK APPRECIATION RIGHTS AGREEMENT (August 8th, 2016)

In order to provide additional incentive through stock ownership for certain officers and key employees of Plexus Corp. (the "Corporation") and its subsidiaries, you (the "Grantee") are hereby granted a Stock Appreciation Right ("SAR") effective as of __________________ (the "Grant Date"), with respect to _________________ shares of the Corporation’s Common Stock at a grant price per share of $_____________ (the "Grant Price").

Plexus Corp – PLEXUS CORP. RESTRICTED STOCK UNIT AGREEMENT (August 8th, 2016)

In order to provide additional incentive through stock ownership for certain officers and key employees of Plexus Corp. (the "Corporation") and its subsidiaries, you (the "Grantee") are hereby granted a restricted stock unit award ("Award") effective as of ________________ (the "Grant Date"). This Award is subject to the terms and conditions set forth in this Agreement and in the Plexus Corp. 2016 Omnibus Incentive Plan (the "Plan"), the terms of which are incorporated herein by reference. Any capitalized term used but not defined herein has the meaning set forth in the Plan.

Plexus Corp – SAFE HARBOR & FAIR DISCLOSURE STATEMENT 2 Any statements made during our call today and information included in the supporting material that is not historical in nature, such as statements in the future tense and statements that include "believe," "expect," "intend," "plan," "anticipate," and similar terms and concepts, are forward‐looking statements. Forward‐looking statements are not guarantees since there are inherent difficulties in predicting future results, and actual results could differ materially from those expressed or implied in the forward‐looking statements. For a list of factors (July 20th, 2016)
Plexus Corp – AMENDMENT NO. 2 TO CREDIT AGREEMENT (July 11th, 2016)

This Credit Agreement (the “Agreement”), dated as of May 15, 2012, is among Plexus Corp., the Lenders and U.S. Bank National Association, a national banking association, as a Lender, an LC Issuer, a Swing Line Lender and as Administrative Agent. The parties hereto agree as follows:

Plexus Corp – AMENDMENT NO. 1 WITH RESPECT TO NOTE PURCHASE AGREEMENT (July 11th, 2016)

THIS AMENDMENT NO. 1 WITH RESPECT TO NOTE PURCHASE AGREEMENT (this “Amendment”) is executed and delivered as of July 5, 2016 (“Effective Date”) by and among PLEXUS CORP., a Wisconsin corporation (the “Company”), and METROPOLITAN LIFE INSURANCE COMPANY, METLIFE INSURANCE COMPANY USA, TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, STATE OF WISCONSIN INVESTMENT BOARD, CMFG LIFE INSURANCE COMPANY, TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA and ASSURITY LIFE INSURANCE COMPANY (collectively, the “Holders”). All capitalized terms used herein without definition shall have the same meanings as set forth in the Note Purchase Agreement (as defined below).

Plexus Corp – SAFE HARBOR & FAIR DISCLOSURE STATEMENT 2 Any statements made during our call today and information included in the supporting material that is not historical in nature, such as statements in the future tense and statements that include "believe," "expect," "intend," "plan," "anticipate," and similar terms and concepts, are forward-looking statements. Forward-looking statements are not guarantees since there are inherent difficulties in predicting future results, and actual results could differ materially from those expressed or implied in the forward-looking statements. For a list of factors (April 20th, 2016)