AMKOR TECHNOLOGY INC
For the period ended Dec 31, 2023. Filed Feb 16, 2024.
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FY2023 · Filed Feb 16, 2024
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Item 15. Exhibits and Financial Statement Schedules
(a)Financial Statements, Financial Statement Schedules and Exhibits
The financial statements and schedules filed as part of this Form 10-K are listed in the index under Part II, Item 8 of this Form 10-K.
The exhibits required by Item 601 of Regulation S-K that are filed with this Form 10-K or incorporated by reference herein are set forth below. Management contracts or compensatory plans or arrangements are identified by an asterisk.
| Incorporated by Reference · Included Herewith | |||||
|---|---|---|---|---|---|
| Exhibit Number | Exhibit Description | Form | Period Ending | Exhibit | Filing Date |
| 2.1 | Sales Contract of Commodity Premises between Shanghai Waigaoqiao Free Trade Zone Xin Development Co., Ltd. and Amkor Assembly & Test (Shanghai) Co., Ltd. dated May 7, 2004. | 10-Q | 6/30/04 | 2.3 | 8/6/04 |
| 3.1 | Certificate of Incorporation. | S-1 | 3.1 | 10/6/97 | |
| 3.2 | Certificate of Correction to Certificate of Incorporation. | POSAM | — | 8/26/98 | |
| 3.3 | Restated Bylaws as amended on November 5, 2013. | 10-K | 12/31/13 | 3.3 | 2/28/14 |
| 4.1 | Specimen Common Stock Certificate. | S-1/A | 4.1 | 3/31/98 | |
| 4.2 | Indenture, dated March 15, 2019, by and between Amkor Technology, Inc. and U.S. Bank National Association, as trustee, regarding the 6.625% Senior Notes due 2027. | 8-K | 4.1 | 3/5/19 | |
| 4.3 | Description of the Registrant’s Securities Registered Pursuant to Section 12 of the Securities Exchange Act of 1934. | 10-K | 12/31/19 | 4.3 | 2/19/20 |
| 10.1 | Form of Indemnification Agreement for directors and officers. | S-1/A | 10.1 | 3/31/98 | |
| 10.2 | 2009 Voting Agreement, dated as of March 26, 2009, between Amkor Technology, Inc., James J. Kim and 915 Investments, LP. | 8-K | 10.1 | 4/1/09 | |
| 10.3 | Form of Stock Option Award Agreement under the Second Amended and Restated 2007 Equity Incentive Plan.* | 10-Q | 3/31/17 | 10.2 | 5/5/17 |
| 10.4 | Form of Restricted Stock Award Agreement under the Second Amended and Restated 2007 Equity Incentive Plan.* | 10-Q | 3/31/17 | 10.3 | 5/5/17 |
| 10.5 | Form of Outside Director Stock Option Award Agreement under the Second Amended and Restated 2007 Equity Incentive Plan.* | 10-Q | 3/31/17 | 10.4 | 5/5/17 |
| 10.6 | Second Amended and Restated 2007 Equity Incentive Plan* | 8-K | 10.1 | 5/5/17 | |
| 10.7 | Amendment One to Second Amended and Restated 2007 Equity Incentive Plan* | 10-Q | 6/30/19 | 10.3 | 8/1/19 |
| 10.8 | Form of Global Stock Option Award Agreement under the Second Amended and Restated 2007 Equity Incentive Plan.* | 10-Q | 6/30/20 | 10.1 | 7/30/20 |
| Incorporated by Reference · Included Herewith | ||||||
|---|---|---|---|---|---|---|
| Exhibit Number · Exhibit Description · Form · Period Ending · Exhibit · Filing Date | ||||||
| 10.9 | Form of Global Restricted Stock Award Agreement under the Second Amended and Restated 2007 Equity Incentive Plan.* | 10-Q | 6/30/20 | 10.2 | 7/30/20 | |
| 10.10 | Form of Global Outside Director Nonstatutory Stock Option Award Agreement under the Second Amended and Restated 2007 Equity Incentive Plan.* | 10-Q | 9/30/20 | 10.1 | 10/30/20 | |
| 10.11 | Form of Global Outside Director Restricted Stock Award Agreement under the Second Amended and Restated 2007 Equity Incentive Plan.* | 10-Q | 9/30/20 | 10.2 | 10/30/20 | |
| 10.12 | Form of Global Performance-Vested Restricted Stock Unit Award Agreement under the Second Amended and Restated 2007 Equity Incentive Plan.* | 8-K | 10.1 | 2/5/21 | ||
| 10.13 | Form of Global Time-Vested Restricted Stock Unit Award Agreement under the Second Amended and Restated 2007 Equity Incentive Plan.* | 8-K | 10.2 | 2/5/21 | ||
| 10.14 | Amkor Technology, Inc. 2021 Equity Incentive Plan* | 8-K | 10.1 | 5/20/21 | ||
| 10.15 | Amendment One to the Amkor Technology, Inc. 2021 Equity Incentive Plan* | 10-K | 12/31/21 | 10.36 | 2/18/22 | |
| 10.16 | Form of Global Non-Employee Director Nonstatutory Stock Option Award Agreement* | 8-K | 10.2 | 5/20/21 | ||
| 10.17 | Form of Global Non-Employee Director Restricted Stock Award Agreement* | 8-K | 10.3 | 5/20/21 | ||
| 10.18 | Form of Global Stock Option Award Agreement* | 8-K | 10.4 | 5/20/21 | ||
| 10.19 | Form of Global Restricted Stock Award Agreement* | 8-K | 10.5 | 5/20/21 | ||
| 10.20 | Form of Global Performance-Vested Restricted Stock Unit Award Agreement* | 8-K | 10.6 | 5/20/21 | ||
| 10.21 | Global Performance-Vested Restricted Stock Unit Award Agreement Guillaume Marie Jean Rutten December 2023* | X | ||||
| 10.22 | Form of Global Performance-Vested Restricted Stock Unit Award Agreement December 2023* | X | ||||
| 10.23 | Form of Global Time-Vested Restricted Stock Unit Award Agreement* | 8-K | 10.7 | 5/20/21 | ||
| 10.24 | Form of Global Non-Employee Director Time-Vested Restricted Stock Unit Award Agreement* | 10-K | 12/31/21 | 10.35 | 2/18/22 | |
| 10.25 | Amended and Restated Non-Employee Director Compensation Policy | 10-Q | 6/30/22 | 10.1 | 8/4/22 | |
| 10.26 | Second Amended and Restated Non-Employee Director Compensation Policy | 10-K | 12/31/22 | 10.25 | 2/22/23 | |
| 10.27 | Amended and Restated Executive Incentive Bonus Plan* | 8-K | 10.2 | 5/5/17 | ||
| 10.28 | Employment Letter Agreement, dated June 24, 2020, between Amkor Technology, Inc. and Guillaume Marie Jean Rutten.* | 10-Q | 6/30/20 | 10.3 | 7/30/20 | |
| 10.29 | Separation Agreement and Release, effective July 4, 2020, between Amkor Technology, Inc. and Stephen D. Kelley.* | 10-Q | 6/30/20 | 10.4 | 7/30/20 | |
| 10.30 | Separation and Release Agreement, dated September 27, 2021, between Amkor Technology, Inc. and John C. Stone* | 10-Q | 9/30/21 | 10.1 | 10/29/21 | |
| Incorporated by Reference · Included Herewith | |||||
|---|---|---|---|---|---|
| Exhibit Number | Exhibit Description | Form | Period Ending | Exhibit | Filing Date |
| 10.31 | Executive Severance Agreement, dated November 15, 2022, between Amkor Technology, Inc. and Giel Rutten* | 10-K | 12/31/22 | 10.30 | 2/22/23 |
| 10.32 | Executive Severance Agreement, dated November 15, 2022, between Amkor Technology, Inc. and Megan Faust* | 10-K | 12/31/22 | 10.31 | 2/22/23 |
| 10.33 | Executive Severance Agreement, dated November 15, 2022, between Amkor Technology, Inc. and Farshad Haghighi* | 10-K | 12/31/22 | 10.32 | 2/22/23 |
| 10.34 | Executive Severance Agreement, dated November 15, 2022, between Amkor Technology, Inc. and Mark Rogers* | 10-K | 12/31/22 | 10.33 | 2/22/23 |
| 10.35 | Executive Severance Agreement, dated February 13, 2023, between Amkor Technology, Inc. and Kevin Engel* | 10-K | 12/31/22 | 10.34 | 2/22/23 |
| 10.36 | Executive Employment Agreement, effective January 1, 2023, between Amkor Technology Korea, Inc. and Steve Shin*† | 10-K | 12/31/22 | 10.35 | 2/22/23 |
| 10.37 | Syndicated Loan Agreement among J-Devices Corporation, Sumitomo Mitsui Banking Corporation and other financial institutions, dated as of July 13, 2018 (English translation). | 8-K | 10.1 | 7/19/18 | |
| 10.38 | Guaranty by Amkor Technology, Inc. in favor of Sumitomo Mitsui Banking Corporation and other financial institutions, dated as of July 13, 2018 (English translation). | 8-K | 10.2 | 7/19/18 | |
| 10.39 | Loan and Security Agreement, dated as of July 13, 2018, by and among Amkor Technology Singapore Holding Pte, Ltd., Bank of America, N.A. and other financial institutions. | 8-K | 10.3 | 7/19/18 | |
| 10.40 | Amendment to Loan and Security Agreement, dated as of July 8, 2019, by and amount Amkor Technology Singapore Holding Pte, Ltd., Bank of America, N.A. and other financial institutions. | 10-Q | 6/30/19 | 10.2 | 8/1/19 |
| 10.41 | Guaranty and Security Agreement, dated as of July 13, 2018, by and among Amkor Technology, Inc., and Bank of America, N.A. | 8-K | 10.4 | 7/19/18 | |
| 10.42 | Syndicated Loan Agreement among J-Devices Corporation, Sumitomo Mitsui Banking Corporation and other financial institutions, dated as of December 23, 2019 (English translation) | 8-K | 10.1 | 12/26/19 | |
| 10.43 | Guaranty by Amkor Technology, Inc. in favor of Sumitomo Mitsui Banking Corporation and other financial institutions, dated as of December 23, 2019 (English translation) | 8-K | 10.2 | 12/26/19 | |
| 10.44 | Deed of Guaranty by Amkor Technology Singapore Holding Pte. Ltd. in favor of Sumitomo Mitsui Banking Corporation and other financial institutions, dated as of December 23, 2019 (English translation) | 8-K | 10.3 | 12/26/19 | |
| Incorporated by Reference · Included Herewith | |||||||
|---|---|---|---|---|---|---|---|
| Exhibit Number · Exhibit Description · Form · Period Ending · Exhibit · Filing Date | |||||||
| 10.45 | Secured Facility Agreement, dated March 28, 2022, between Amkor Technology, Inc., as parent, Amkor Technology Singapore Holding Pte. Ltd., as borrower, the subsidiaries of the borrower set forth in the schedules thereto, as original guarantors, the Hongkong and Shanghai Banking Corporation Limited, Singapore Branch (“HSBC”) and DBS Bank Ltd., each as mandated lead arranger and bookrunner, the other financial institutions party thereto, as lenders, HSBC, as agent and offshore security trustee, and CTBC Bank Co., Ltd., as onshore security agent. | 8-K | 10.1 | 3/29/22 | |||
| 21.1 | List of subsidiaries of the Registrant. | X | |||||
| 23.1 | Consent of PricewaterhouseCoopers LLP. | X | |||||
| 24.1 | Power of Attorney (included on the Signatures page of this Report on Form 10-K). | X | |||||
| 31.1 | Certification of Guillaume Marie Jean Rutten, Chief Executive Officer of Amkor Technology, Inc., Pursuant to Rule 13a-14(a) under the Securities Exchange Act of 1934, as amended. | X | |||||
| 31.2 | Certification of Megan Faust, Chief Financial Officer of Amkor Technology, Inc., Pursuant to Rule 13a-14(a) under the Securities Exchange Act of 1934, as amended. | X | |||||
| 32.1 | Certification of Chief Executive Officer and Chief Financial Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.** | X | |||||
| 97.1 | Excess Compensation Recovery Policy.** | X | |||||
| 101.INS | Inline XBRL Instance Document - the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document. | X | |||||
| 101.SCH | Inline XBRL Taxonomy Extension Schema Document | X | |||||
| 101.CAL | Inline XBRL Taxonomy Extension Calculation Linkbase Document | X | |||||
| 101.LAB | Inline XBRL Taxonomy Extension Label Linkbase Document | X | |||||
| 101.PRE | Inline XBRL Taxonomy Extension Presentation Linkbase Document | X | |||||
| 101.DEF | Inline XBRL Taxonomy Extension Definition Linkbase Document | X | |||||
| 104 | Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101) | X | |||||
- Indicates management compensatory plan, contract or arrangement.
** Furnished herewith
† Exhibit includes confidential information that has been redacted.
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