AMENDMENT NO. 1
dated June 25, 2003
TO
INTERCOMPANY LOAN AGREEMENT
dated December 26, 2002
between
Vishay Intertechnology, Inc., a Delaware corporation ("Vishay"), as borrower, and Siliconix Incorporated, a Delaware corporation ("Siliconix"), as lender.
ARTICLE I.
DEFINITIONS
The term "Agreement" refers to the original Intercompany Loan Agreement.
The term "Amendment" refers to this Amendment No. 1.
Terms used in this Amendment and not defined have the meanings assigned in the original Intercompany Loan Agreement.
ARTICLE II.
AMENDMENT
Sections 2.01(a) and 3.07 of the Agreement are added, amended and restated in their entirety as follows:
2.01 (a) Term. A Loan shall have a term of five (5)
Business Days from the date the Loan is made. Loans shall not be
outstanding for more than twenty (20) Business Days in the aggregate
during any fiscal year of Siliconix. If for any reason any payment
hereunder or under any Note shall become due on a day other than a
Business Day, such payment shall be made on the next succeeding
Business Day, and such extension of time shall in such case be
included in the computation of interest due upon payment.
3.07 Representations and Warranties. At the time each Loan
is made, Vishay shall represent and warrant to Siliconix in writing
that:
1. Neither the making of nor the repayment of the Loan
will occur at a time when Vishay is insolvent, and will not cause
Vishay to become insolvent as a result thereof.
2. The Loan is the ordinary course of Vishay's financial
affairs related to its cash management practices.
3. Vishay is paying its debts as they become due.
4. Nothing under the LYONs arrangement presents any ris ...
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