ITEM 1.01 Entry into a Material Definitive Agreement.
Amendment to Credit Agreement
On March 12, 2009, the Registrant entered into the Third Amendment to its
credit agreement (the "Third Amendment"), which, among other things, in certain
circumstances lowered the amount of assets pledged as collateral under the
agreement. The amendment was arranged by Banc of America Securities LLC with
participation in the facility by Bank of America, N.A., ABN Amro N.V., Nordea
Bank Danmark A/S, Citibank, N.A., The Royal Bank of Scotland PLC, Bank DnB NORD
A/S, Fifth Third Bank, Inc., General Electric Capital Corporation, Wells Fargo
Bank, N.A., Deutsche Bank AG, National City Bank, Bank of Tokyo-Mitsubishi Trust
Company, Nykredit Bank A/S, HSH Nordbank AG, and BMO Capital Markets Financing,
Inc.
The description of the Third Amendment is qualified in its entirety by
reference to the full text therein, which is attached to this Report as an
exhibit and incorporated herein by reference. The Third Amendment contains
representations and warranties that the parties to such agreement made to and
solely for the benefit of the other parties to such agreement. Accordingly,
investors and security holders should not rely on the representations and
warranties as characterizations of the actual state of facts, since they were
only made as of the respective date of the Third Amendment. In addition, the
Third Amendment is modified by any applicable underlying disclosure schedules.
Moreover, information concerning the subject matter of the representations and
warranties may change after the respective dates of the Third Amendment, which
subsequent information may or may not be fully reflected in the Registrant's
public disclosures.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
Exhibit 10.1 Third Amendment dated March 12, 2009 to Credit Agreement dated
February 16, 2007 by and among the Brightpoint, Inc. (and certain
of its subsidiaries identified therein), Bank of America, N.A., as
administration agent, and the other lenders party thereto.
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