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EX-10.1 - FOURTH OMNIBUS AMENDMENT, DATED AS OF JANUARY 11, 2010 - SYNNEX CORPdex101.htm
EX-99.1 - PRESS RELEASE - SYNNEX CORPdex991.htm

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM 8-K

 

 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

Date of Report (Date of Earliest Event Reported): January 11, 2010

 

 

SYNNEX CORPORATION

(Exact name of registrant as specified in its charter)

 

 

 

Delaware   001-31892   94-2703333

(State or Other Jurisdiction

of Incorporation)

  (Commission File Number)  

(I.R.S. Employer

Identification Number)

 

44201 Nobel Drive

Fremont, California

  94538
(Address of principal executive offices)   (Zip Code)

(510) 656-3333

(Registrant’s telephone number, including area code)

N/A

(Former name or former address, if changed since last report.)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligations of the registrant under any of the following provisions (see General Instruction A.2. below):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240-13e-4(c))

 

 

 


Item 1.01. Entry into a Material Definitive Agreement

On January 11, 2010, SYNNEX Corporation (“SYNNEX” or the “Company”) entered into the Fourth Omnibus Amendment, by and among SYNNEX, SIT Funding Corporation and the lenders party thereto and Bank of America, N.A., to amend that certain Third Amended and Restated Receivables Sale and Servicing Agreement dated January 23, 2009 and the Third Amended and Restated Receivables Funding and Administration Agreement dated January 23, 2009, to extend the final advance date to January 10, 2011. The effective borrowing is a blend of the prevailing dealer commercial paper rates, plus a program fee of 0.65% per annum based on the used portion of the commitment and a facility fee of 0.65% per annum payable on the commitment.

 

Item 8.01. Other Events

On January 15, 2010, SYNNEX issued a press release announcing the record date and meeting date for its 2010 Annual Meeting of Stockholders. The full text of SYNNEX’ press release is filed herewith as Exhibit 99.2.

 

Item 9.01. Financial Statements and Exhibits

(d) Exhibits

 

Exhibit
No.

  

Description

10.1    Fourth Omnibus Amendment, dated as of January 11, 2010.
99.1    Press Release dated January 15, 2010.

 

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SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Dated: January 15, 2010

 

SYNNEX CORPORATION
By:  

/S/    SIMON Y. LEUNG        

  Simon Y. Leung
  Senior Vice President, General Counsel and
  Corporate Secretary

 

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EXHIBIT INDEX

 

Exhibit
No.

  

Description

10.1    Fourth Omnibus Amendment, dated as of January 11, 2010.
99.1    Press Release dated January 15, 2010.

 

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