EXHIBIT 10.1
FIRST AMENDMENT
TO THE BENCHMARK ELECTRONICS, INC.
EMPLOYEE STOCK PURCHASE PLAN
W I T N E S S E T H:
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WHEREAS, Benchmark Electronics, Inc. ("Benchmark") presently sponsors
and maintains the Benchmark Electronics, Inc. Employee Stock Purchase Plan
("Plan") which became effective May 1, 1999; and
WHEREAS, Benchmark, pursuant to Section 20 of the Plan, has the right to
amend the Plan, from time to time, subject to certain limitations.
NOW, THEREFORE, in order to make various revisions desired by Benchmark,
the Plan is hereby amended in the following manner:
1. Effective as of the date hereof, Section 6 of the Plan is hereby
amended by adding the following paragraph to be the last paragraph of Section 6:
Notwithstanding the above, if a Participant has been making contributions
pursuant to this Section during a Purchase Period, and during such
Purchase Period, Benchmark announces a divestiture of a Subsidiary or a
group of assets ("Announcement") whereby the Participant's employment with
Benchmark or its Subsidiary will be terminated, then the Participant may
within at least five (5) business days prior to the Purchase Date (as
defined in Section 9) immediately following the Announcement, elect to
have all contributions made during such Purchase Period paid back to him
or her in cash as soon as administratively possible after the Purchase
Date. If such election is made, no Common Stock will be purchased for the
Participant on the Purchase Date.
2. Effective as of the date hereof, Section 9 of the Plan is hereby
amended by amending the first sentence of the third paragraph of Section 9 to
read as follows:
Except as provided in the last paragraph of Section 6, as of the Purchase
Date, the Custodian shall apply the contributions to each Participant's
account during the Purchase Period to the purchase of shares of Common
Stock.
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IN WITNESS WHEREOF, Benchmark has executed this First Amendment to the
Benchmark Electronics, Inc. Employee Stock Purchase Plan effective as of the 1st
day of April, 2000.
BENCHMARK ELECTRONICS, INC.
By: /s/ DONALD E. NIGBOR
Name: DONALD E. NIGBOR
Title: President
By: /s/ CARY T. Fu
Name: CARY T. FU
Title: EXECUTIVE VICE President
