Exhibit 4.6
Amendment
Agreement
to the Technical Cooperation Agreement dated
June 30, 1999
between
Matsushita Electronic Components Co., Ltd.,
Osaka, Japan ( “MACO” )
and
EPCOS AG, Munich, Germany (
“EPCOS” )
- MACO and EPCOS hereinafter called the
“Parties” –
WHEREAS, the Parties have entered into a Technical
Cooperation Agreement in the field of passive electronic components
on June 30, 1999 (the “Agreement” ), and since
then have been successfully engaged in technical exchanges and
concluded several technical know-how and joint development
agreements (such agreements called “Ancillary
Agreements” in the Agreement);
WHEREAS, the Parties wish to continue their cooperation
under the Agreement with some modifications thereto after the
expiration (as of June 30, 2004) of the Shareholders’
Agreement between Matsushita Electric Industrial Co., Ltd., MACO,
Matsushita Electronic Components (Europe) GmbH and Siemens AG dated
June 30, 1999;
NOW, THEREFORE, EPCOS and MACO hereby agree as
follows:
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1.
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Section 3.2 of
the Agreement shall be replaced by the following
provisions:
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“3.2
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Whenever MACO
and EPCOS mutually deem it beneficial during the term of this
Agreement, MACO and EPCOS will hold technical meetings at the time
and place to be then determined, in order to exchange general
information, demonstrate their capabilities and achievements and
discuss their experiences and the feasibility of possible Technical
Assistance and/or Joint Development between MACO and
EPCOS.”
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2.
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Section 3.4 of
the Agreement with regard to EPCOS’ obligation to pay the
service fee shall be deleted in its entirety. Accordingly, the
final payment by EPCOS of the service fee of Euro 100,000 in
accordance with such Section shall be made on or prior to March 20,
2004.
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3.
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Sections 10.1
through 10.4 of the Agreement shall be replaced by the following
provisions:
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“10.1
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This Agreement
shall become effective as of the Effective Date and shall continue
in full force and effect until June 30, 200
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