16 unchanged sentences
Other Information
+Added: Disclosure Regarding Foreign Jurisdictions that Prevent Inspections
+Added: Not applicable.
The information called for by Items 10, 11, 12, 13 and 14 of Part III are incorporated by reference from our definitive Proxy Statement to be filed in connection with our 2023 Annual Meeting of Stockholders pursuant to Regulation 14A, except that the information regarding our executive officers called for by Item 401(b) of Regulation S-K has been included in Part I of this report.
2 unchanged sentences
The following financial statements are filed under Item 8 hereof as part of this report:
−Removed: Report of Independent Registered Public Accounting Firm 51
+Added: Report of Independent Registered Public Accounting Firm (PCAOB ID 238 )
Financial Statements:
Consolidated Balance Sheets, As of October 1, 2022 and October 2, 2021 49
−Removed: Consolidated Statements of Income, Years Ended October 2, 2021, October 3, 2020 and September 28, 2019 54
−Removed: Consolidated Statements of Comprehensive Income, Years Ended October 2, 2021, October 3, 2020 and September 28, 2019 55
−Removed: Consolidated Statements of Stockholders' Equity, Years Ended October 2, 2021, October 3, 2020 and September 28, 2019 56
−Removed: Consolidated Statements of Cash Flows, Years Ended October 2, 2021, October 3, 2020 and September 28, 2019 57
+Added: Consolidated Statements of Income, Years Ended October 1, 2022, October 2, 2021 and October 3, 2020 50
+Added: Consolidated Statements of Comprehensive Income, Years Ended October 1, 2022, October 2, 2021 and October 3, 2020 51
+Added: Consolidated Statements of Stockholders' Equity, Years Ended October 1, 2022, October 2, 2021 and October 3, 2020 52
+Added: Consolidated Statements of Cash Flows, Years Ended October 1, 2022, October 2, 2021 and October 3, 2020 53
Notes to Consolidated Financial Statements 54
1 unchanged sentence
The following financial statement schedule of Sanmina Corporation is filed as part of this report on Form 10-K immediately after the signature pages hereto and should be read in conjunction with our Financial Statements included in this Item 15:
−Removed: Schedule II-Valuation and Qualifying Accounts, Years Ended October 2, 2021, October 3, 2020 and September 28, 2019
+Added: Schedule II-Valuation and Qualifying Accounts, Years Ended October 1, 2022, October 2, 2021 and October 3, 2020
All other schedules are omitted because they are not applicable or the required information is shown in the Financial Statements or the notes thereto.
13 unchanged sentences
4.5(10) Description of the Registrant's Securities
−Removed: 10.1(11)* Amended and Restated Sanmina-SCI Corporation Deferred Compensation Plan for Outside Directors.
+Added: 10.1(11)* Intentionally omitted
10.2(12)* Amended and Restated Sanmina-SCI Corporation Deferred Compensation Plan dated June 9, 2008.
1 unchanged sentence
10.4(14)* 2009 Incentive Plan, as amended on March 5, 2018.
−Removed: 10.5(15)* Deferred Compensation Plan for Outside Directors amended and restated effective January 1, 2009.
+Added: 10.5(15)* Intentionally omitted
10.6(16)* Form of Stock Option Agreement for use under the 2009 Incentive Plan.
6 unchanged sentences
10.13(23) Second Amendment to the Sanmina Corporation Deferred Compensation Plan adopted as of May 12, 2015.
−Removed: 10.14(24) Fourth Amended and Restated Credit Agreement, dated as of November 30, 2018, by and among Sanmina Corporation, the lenders from time to time party thereto and Bank of America, N.A., as Administrative Agent.
+Added: 10.14(24) Intentionally omitted
10.15(25)* First Amendment to the Sanmina-SCI Corporation Deferred Compensation Plan.
1 unchanged sentence
3 to Sanmina-SCI Corporation Deferred Compensation Plan.
−Removed: 10.17(27)* First Amendment to the Sanmina-SCI Corporation Deferred Compensation Plan for Outside Directors.
−Removed: 10.18(28)* Second Amendment to the Sanmina Corporation Deferred Compensation Plan for Outside Directors.
+Added: 10.17(27)* Intentionally omitted
+Added: 10.18(28)* Intentionally omitted
10.19(29)* Fourth Amendment to the Sanmina Corporation Deferred Compensation Plan.
13 unchanged sentences
Ltd., MUFG Bank Ltd., Wells Fargo Bank N.A., Bank of the West and MUFG Bank Ltd., as administrative agent.
−Removed: 10.28(32) Amendment No.
−Removed: 1 to Fourth Amended and Restated Credit Agreement, dated as of January 16, 2019, by and among Sanmina Corporation, the lenders from time to time party thereto and Bank of America, N.A., as Administrative Agent.
+Added: 10.28 Intentionally omitted
10.29(33)* 2019 Equity Incentive Plan, as amended
1 unchanged sentence
10.31(32)* Form of Stock Option Award Agreement for use under 2019 Equity Incentive Plan
−Removed: 10.32(34) Amendment No.
−Removed: 2 to the Fourth Amended and Restated Credit Agreement dated as of April 5, 2019, by and among Sanmina Corporation, the lenders from time to time party thereto and Bank of America N.A., as Administrative Agent.
+Added: 10.32 Intentionally omitted
10.33(34) ± Amendment No.
1 unchanged sentence
Ltd., MUFG Bank Ltd., Wells Fargo Bank N.A., Bank of the West and MUFG Bank Ltd., as administrative agent.
−Removed: 10.34(10) Amended and Restated Security Agreement, dated as of June 3, 2019, among Sanmina Corporation, certain subsidiaries of Sanmina Corporation party thereto as grantors and Bank of America, N.A.
−Removed: as administrative agent
+Added: 10.34 Intentionally omitted
10.35(35) Separation and Release Agreement dated January 10, 2020 between Sanmina Corporation and Michael Clarke
3 unchanged sentences
Ltd., MUFG Bank Ltd., Wells Fargo Bank N.A., Bank of the West
−Removed: 14.1 Code of Business Conduct and Ethics of the Registrant (filed herewith)
+Added: 10.38(38) ± Amendment No.
+Added: 6 to the Receivables Purchase Agreement, dated November 24, 2021, among Sanmina Corporation, Sanmina-SCI Systems Pte.
+Added: Ltd., MUFG Bank Ltd., Wells Fargo Bank N.A.
+Added: and Bank of the West.
+Added: 10.39(33)± Share Subscription and Purchase Agreement dated as of March 3, 2022 by and among Reliance Strategic Business Ventures Limited, Sanmina Corporation, Sanmina-SCI Systems Singapore Pte Ltd, AET Holdings Limited and Sanmina-SCI India Private Limited.
+Added: 10.39.1(33)± Joint Venture and Shareholders’ Agreement dated as of March 3, 2022 by and among Reliance Strategic Business Ventures Limited, Sanmina Corporation, Sanmina-SCI Systems Singapore Pte Ltd and Sanmina-SCI India Private Limited.
+Added: 10.39.2(33)± Form of Management Services Agreement by and among Reliance Strategic Business Ventures Limited, Sanmina Corporation, Sanmina-SCI Systems Singapore Pte Ltd and Sanmina-SCI India Private Limited.
+Added: 10.39.3(33)± Form of Business Transfer Agreement by and between Sanmina-SCI Technology India Private Limited and a wholly-owned subsidiary of Sanmina Corporation to be incorporated under the laws of India.
+Added: 10.39.4(33)± Form of Services Agreement by and between Sanmina Corporation and Sanmina-SCI India Private Limited.
+Added: 10.40 Fifth Amended and Restated Credit Agreement dated as of September 27, 2022 by and among Sanmina Corporation, the lenders from time to time party thereto and Bank of America, N.A., as Administrative Agent (filed herewith).
+Added: 10.41 Second Amended and Restated Security Agreement dated as of September 27, 2022 by and among Sanmina Corporation, certain subsidiaries of Sanmina Corporation parties thereto and Bank of America, N.A., as Administrative Agent (filed herewith).
+Added: 10.42± Joinder Agreement and Amendment No.
+Added: 7 to the Receivables Purchase Agreement, dated as of July 28, 2022, among Sanmina Corporation, Sanmina-SCI Systems Singapore Ptd.
+Added: Ltd., Sanmina-SCI Systems Malaysia Sdn.
+Added: Bhd., MUFG Bank Ltd., Wells Fargo Bank, N.A.
+Added: and Bank of the West (filed herewith).
+Added: 14.1(39) Code of Business Conduct and Ethics of the Registrant
21.1 Subsidiaries of the Registrant (filed herewith).
27 unchanged sentences
(10) Incorporated by reference to same numbered exhibit to the Registrant's Annual Report on Form 10-K for the fiscal year ended September 28, 2019, filed with the SEC on November 8, 2019.
−Removed: (11) Incorporated by reference to Exhibit 10.75 to the Registrant's Quarterly Report on Form 10-Q for the fiscal quarter ended June 28, 2008, filed with the SEC on August 4, 2008.
+Added: (11) Intentionally omitted
(12) Incorporated by reference to Exhibit 10.74 to the Registrant's Quarterly Report on Form 10-Q for the fiscal quarter ended June 28, 2008, filed with the SEC on August 4, 2008.
1 unchanged sentence
(14) Incorporated by reference to the same numbered exhibit to the Registrant’s Annual Report on Form 10-K for the fiscal year ended September 29, 2018 filed with the SEC on November 15, 2018.
−Removed: (15) Incorporated by reference to Exhibit 10.40 to the Registrant's Quarterly Report on Form 10-Q for the fiscal quarter ended March 28, 2009, filed with the SEC on May 5, 2009.
+Added: (15) Intentionally omitted
(16) Incorporated by reference to Exhibit 10.43 to the Registrant's Quarterly Report on Form 10-Q for the fiscal quarter ended March 28, 2009, filed with the SEC on May 5, 2009
9 unchanged sentences
(26) Incorporated by reference to Exhibit 10.29 to Registrant’s Annual Report on Form 10-K for the fiscal year ended October 3, 2015, filed with the SEC on November 19, 2015.
−Removed: (27) Incorporated by reference to Exhibit 10.30 to Registrant’s Annual Report on Form 10-K for the fiscal year ended October 3, 2015, filed with the SEC on November 19, 2015.
−Removed: (28) Incorporated by reference to Exhibit 10.31 to Registrant’s Annual Report on Form 10-K for the fiscal year ended October 3, 2015, filed with the SEC on November 19, 2015.
+Added: (27) Intentionally omitted
+Added: (28) Intentionally omitted
(29) Incorporated by reference to Exhibit 10.32 to Registrant’s Annual Report on Form 10-K for the fiscal year ended September 30, 2017, filed with the SEC on November 13, 2017.
7 unchanged sentences
(37) Incorporated by reference to same number exhibit to Registrant’s Quarterly Report on Form 10-Q for the fiscal quarter ended January 2, 2021 filed with the SEC on February 4, 2021.
+Added: (38) Incorporated by reference to same number exhibit to Registrant’s Quarterly Report on Form 10-Q for the fiscal quarter ended January 1, 2022 filed with the SEC on February 2, 2022.
+Added: (39) Incorporated by reference to same numbered exhibit to Registrant’s Annual Report on Form 10-K for the fiscal year ended October 2, 2021, filed with the SEC on November 12, 2021.
(40) This exhibit shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that Section, nor shall it be deemed incorporated by reference in any filings under the Securities Act of 1933 or the Securities Exchange Act of 1934, whether made before or after the date hereof and irrespective of any general incorporation language in any filings.
20 unchanged sentences
GOLDSBERRY Director November 10, 2022
+Added: /s/ SUSAN JOHNSON Director November 10, 2022
+Added: Susan Johnson
LANE Director November 10, 2022
3 unchanged sentences
ROSATI Director November 10, 2022
−Removed: /s/ JACKIE M.
−Removed: WARD Director November 12, 2021
FINANCIAL STATEMENT SCHEDULE
5 unchanged sentences
Allowances for Doubtful Accounts, Product Returns and Other Net Sales Adjustments
−Removed: Fiscal year ended September 28, 2019 $ 12,211 $ 270 $ — $ 12,481
Fiscal year ended October 3, 2020 $ 12,481 $ ( 3,911 ) $ — $ 8,570
Fiscal year ended October 2, 2021 $ 8,570 $ ( 1,635 ) $ — $ 6,935
+Added: Fiscal year ended October 1, 2022 $ 6,935 $ 7,978 $ — $ 14,913
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.