Exhibit 10.58
CONSENT LETTER
October 10, 2019
Reference is made to the Fourth Amended and Restated Receivables Funding and Administration Agreement, dated as of November 12, 2010 (as the same may from time to time be amended, supplemented or otherwise modified, the “Agreement”), by and among SIT Funding Corporation (the “Borrower”), the Conduit Lenders, Discretionary Lenders, and Managing Agents party thereto, and MUFG Bank, Ltd. f/k/a The Bank of Tokyo-Mitsubishi UFJ, Ltd. (“MUFG”), as the Administrative Agent. Capitalized terms used herein and not otherwise defined shall have their respective meanings as set forth in Annex X to the Agreement.
Clause (bb) of the definition of “Eligible Receivable” in Annex X to the Agreement provides that, unless expressly permitted in writing by all Lenders, no Receivable the Obligor of which is Iron Bow Technologies, LLC may constitute an Eligible Receivable under the Agreement and the other Related Documents. The Borrower hereby requests, and by its signature below each of the Lenders and the other parties hereto hereby agrees, that, on and after the date hereof, each Receivable owing by Iron Bow Technologies, LLC shall constitute an Eligible Receivable to the extent such Receivable satisfies each clause of the definition of “Eligible Receivable” (other than clause (bb)).
This consent letter (this “Consent Letter”) may be executed in counterparts, all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page of this Consent Letter by facsimile or electronic format shall be effective as delivery of a manually executed counterpart of this Consent Letter.
This Consent Letter and the Agreement contain the final and complete integration of all prior expressions by the parties hereto with respect to the subject matter hereof and together shall constitute the entire agreement among the parties hereto with respect to the subject matter hereof superseding all prior oral or written understandings.
Any provisions of this Consent Letter may be amended if, but only if, such amendment is in writing and is signed by each of the parties hereto.
This Consent Letter shall be governed by, and construed in accordance with, the internal laws (as opposed to conflicts of law provisions) of the State of New York.
SYNNEX CORPORATION
By:_/s/ Simon Y. Leung____________________
Name:Simon Y. Leung
Title:Corporate Secretary
SIT FUNDING CORPORATION
By:_/s/ Simon Y. Leung____________________
Name:Simon Y. Leung
Title:Corporate Secretary
Accepted as of the date first above written:
MUFG BANK, LTD. F/K/A THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as an Administrator, as a Managing Agent and as a Committed Lender
By:_/s/ Eric Williams____________________
Name: Eric Williams
Title: Managing Director
GOTHAM FUNDING CORPORATION, as a Discretionary Lender
By:_/s/ Kevin J. Corrigan ____________________
Name: Kevin J. Corrigan
Title: Vice President
MUFG BANK, LTD. F/K/A THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as Administrative Agent
By:_/s/ Eric Williams____________________
Name: Eric Williams
Title: Managing Director
)
LIBERTY STREET FUNDING LLC, as a
Discretionary Lender
By:_/s/ Jill A. Russo_______________________
Name: Jill A. Russo
Title: Vice President
THE BANK OF NOVA SCOTIA, as an Administrator, as a Managing Agent and as a Committed Lender
By: /s/ Douglas Noe _______________________
Name: Douglas Noe
Title: Managing Director
SMBC NIKKO SECURITIES AMERICA, INC.,
as an Administrator and as a Managing Agent
By: /s/ Yukimi Konno_______________________
Name:Yukimi Konno
Title:Managing Director
SUMITOMO MITSUI BANKING CORPORATION,
as a Committed Lender
By:_/s/ Masanori Yoshimura___________________
Name:Masanori Yoshimura
Title:Executive Director
MANHATTAN ASSET FUNDING COMPANY LLC,
as a Discretionary Lender
By:MAF Receivables Corp., its sole member
By:__/s/ Irina Khaimova ______________________
Name:Irina Khaimova
Title:Vice President
)
BANK OF AMERICA, N.A., as a Managing Agent and as a Committed Lender
By:_/s/ Chris Haynes _____________________________
Name: Chris Haynes
Title: Senior Vice President
)
WELLS FARGO BANK, NATIONAL ASSOCIATION, as a Managing Agent and as a Committed Lender
By:_/s/ Dale Abernathy _______________________
Name: Dale Abernathy
Title: Director
)