Hutchinson Technology Incorporated Hutchinson, MN 55350-9784 March 9, 2012Hutchinson Technology Inc • March 12th, 2012 • Electronic components, nec • New York
This Agreement amends and restates the support agreement dated January 12, 2012, in its entirety and is made effective as of March 9, 2012. Reference is hereby made to the term sheet attached hereto as Exhibit A (the “Term Sheet”) which contemplates an exchange and tender offer (the “Exchange and Tender Offer”) by the Company for all of the Notes and certain of the Company’s 8.50% Convertible Senior Notes due 2026 (the “8.50% Notes”), together with a private placement (the “Private Placement “) up to $40 million of New Notes and detachable warrants (the “Detachable Warrants”) issued by the Company, all on the terms contemplated in the Term Sheet (except with respect to the Private Placement, which shall be on terms contemplated in the term sheet attached hereto as Exhibit E (the “Private Placement Term Sheet”)) (notwithstanding the non-binding nature of the Term Sheet and the Private Placement Term Sheet) and this Agreement. The New Notes will be identical (other than that they will be
Hutchinson Technology Incorporated Hutchinson, MN 55350-9784 January 12, 2012Hutchinson Technology Inc • March 12th, 2012 • Electronic components, nec • New York
Re: Support Agreement (this “Agreement”) regarding the tender of Hutchinson Technology Incorporated’s 3.25% Convertible Subordinated Notes due 2026 (the “Notes”) for for cash (the “ Tender Commitment”)
