AMENDMENT NO. 1 Dated as of September 2, 2009 to LOAN AGREEMENT Dated as of June 8, 2009Loan Agreement • September 17th, 2009 • Photronics Inc • Semiconductors & related devices • New York
THIS AMENDMENT NO. 1 (“Amendment”) is made as of September 2, 2009 by and among Photronics, Inc. (the “Borrower”), the financial institutions listed on the signature pages hereof and JPMorgan Chase Bank, National Association, as Administrative Agent (in such capacity, the “Administrative Agent”) and as Collateral Agent (in such capacity, the “Collateral Agent”), under that certain Loan Agreement dated as of June 8, 2009 by and among the Borrower, the Lenders and the Administrative Agent (as may be further amended, supplemented or otherwise modified from time to time, the “Loan Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Loan Agreement.
PHOTRONICS, INC. as Issuer and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. as Trustee First Supplemental Indenture Dated as of September 16, 2009 Supplemental to Indenture Dated as of September 16, 2009 5.50% Convertible Senior Notes due 2014Indenture • September 17th, 2009 • Photronics Inc • Semiconductors & related devices • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of September 16, 2009, between Photronics, Inc., a Connecticut corporation (the “Company”), having its principal office at 15 Secor Road, Brookfield, CT 06804 and The Bank of New York Mellon Trust Company, N.A a national banking association, as Trustee (the “Trustee”), having its Corporate Trust Office at 222 Berkeley Street, 2nd Floor, Boston, MA 02116.
AMENDMENT NO. 7 Dated as of September 2, 2009 to CREDIT AGREEMENT Dated as of June 6, 2007Credit Agreement • September 17th, 2009 • Photronics Inc • Semiconductors & related devices • New York
THIS AMENDMENT NO. 7 (“Amendment”) is made as of September 2, 2009 by and among Photronics, Inc. (the “Company”), the financial institutions listed on the signature pages hereof and JPMorgan Chase Bank, National Association, as Administrative Agent (in such capacity, the “Administrative Agent”) and as Collateral Agent (in such capacity, the “Collateral Agent”), under that certain Credit Agreement dated as of June 6, 2007 by and among the Company, the Lenders and the Administrative Agent (as amended by that certain Amendment No. 1 thereto, dated as of April 25, 2008, that certain Amendment No. 2 thereto, dated as of October 31, 2008, that certain Amendment No. 3 thereto, dated as of December 3, 2008, that certain Amendment No. 4 thereto, dated as of December 12, 2008, that certain Amendment No. 5 thereto, dated as of May 15, 2009, and that certain Amendment No. 6 thereto, dated as of June 8, 2009, and as may be further amended, supplemented or otherwise modified from time to time, the “
