1 Exhibit - 10.2 FORM OF INDEMNIFICATION AGREEMENT This Agreement, made this _____ day of __________, _____, by and between Axcelis Technologies, Inc., a Delaware corporation (the "Company"), and ____________________, ____________________...Indemnification Agreement • June 15th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Delaware
To STATE STREET BANK AND TRUST COMPANY, as Trustee INDENTURE Dated as ofIndenture • January 15th, 2002 • Axcelis Technologies Inc • Special industry machinery, nec • New York
AXCELIS TECHNOLOGIES, INC. COMMON STOCKAxcelis Technologies Inc • June 30th, 2000 • Special industry machinery, nec • New York
1 Exhibit 2.9 PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • June 15th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec
Exhibit 10.5 EMPLOYMENT AGREEMENT The parties to this Agreement are AXCELIS TECHNOLOGIES, INC., a Delaware corporation (the "Company"), and MARY G. PUMA, an individual residing in the Commonwealth of Massachusetts (the "Executive"). The Executive and...Employment Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Massachusetts
andRights Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • New York
Exhibit 4.2 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 15th, 2002 • Axcelis Technologies Inc • Special industry machinery, nec • New York
Exhibit 10.4 EMPLOYMENT AGREEMENT The parties to this Agreement are AXCELIS TECHNOLOGIES, INC., a Delaware corporation (the "Company"), and BRIAN R. BACHMAN, an individual residing in the State of Ohio (the "Executive"). The Executive and the Company...Employment Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Massachusetts
WITNESSETH:Trademark License Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Ohio
andRights Agreement • June 15th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • New York
1 EXHIBIT 2.6 TRANSITIONAL SERVICES AGREEMENTTransitional Services Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Ohio
BETWEENEmployee Matters Agreement • June 15th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Ohio
WITNESSETH:Master License Agreement • July 7th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec
1 EXHIBIT 2.1 FORM OF MASTER SEPARATION AND DISTRIBUTION AGREEMENTSeparation and Distribution Agreement • June 19th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Ohio
REGISTRATION RIGHTS AGREEMENT by and between AXCELIS TECHNOLOGIES, INC., as Issuer, and QUANTUM PARTNERS LDC, as Purchaser Dated as of May 2, 2006Registration Rights Agreement • May 4th, 2006 • Axcelis Technologies Inc • Special industry machinery, nec • New York
REGISTRATION RIGHTS AGREEMENT dated as of May 2, 2006 by and between Axcelis Technologies, Inc., a Delaware corporation (the “Company”), and Quantum Partners LDC, a Cayman Islands limited duration company (the “Purchaser”), pursuant to the Exchange and Purchase Agreement dated May 2, 2006 (the “Purchase Agreement”), between the Company and the Purchaser. In order to induce the Purchaser to enter into the Purchase Agreement, the Company has agreed to provide the registration rights set forth in this Agreement. The execution of this Agreement is a condition to the closing under the Purchase Agreement.
Exhibit 10.6 ORGANIZATION AGREEMENT THIS AGREEMENT made as of the 3rd day of December, 1982, by and between EATON CORPORATION, a corporation organized and existing under the laws of the State of Ohio, United States of America, having its principal...Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Ohio
RECITALSGeneral Assignment and Assumption Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec
EXHIBIT 2.1 MASTER SEPARATION AND DISTRIBUTION AGREEMENTMaster Separation and Distribution Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Ohio
CHANGE OF CONTROL AGREEMENTChange of Control Agreement • August 7th, 2012 • Axcelis Technologies Inc • Special industry machinery, nec • Massachusetts
AGREEMENT by and between AXCELIS TECHNOLOGIES, INC., a Delaware corporation (the “Company”), and (the “Executive”), dated as of the day of , 20 .
EXHIBIT 2.5 TAX SHARING AND INDEMNIFICATION AGREEMENT, dated as of June 30, 2000Sharing and Indemnification Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Ohio
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 8th, 2013 • Axcelis Technologies Inc • Special industry machinery, nec • Delaware
This LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as the Effective Date between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”), and AXCELIS TECHNOLOGIES, INC., a Delaware corporation with offices located at 108 Cherry Hill Drive, Beverly, Massachusetts 01915 (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
EXHIBIT 2.7 REAL ESTATE MATTERS AGREEMENTReal Estate Matters Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Ohio
Axcelis Technologies, Inc. and , as TrusteeIndenture • November 25th, 2013 • Axcelis Technologies Inc • Special industry machinery, nec • New York
GUARANTEE AND COLLATERAL AGREEMENT Dated as of July 31, 2020 made by AXCELIS TECHNOLOGIES, INC. and the other Grantors referred to herein, in favor of SILICON VALLEY BANK, as Administrative AgentGuarantee and Collateral Agreement • November 6th, 2020 • Axcelis Technologies Inc • Special industry machinery, nec • New York
This GUARANTEE AND COLLATERAL AGREEMENT (this “Agreement”), dated as of July 31, 2020, is made by the signatory hereto (together with any other entity that may become a party hereto as provided herein, each a “Grantor” and, collectively, the “Grantors”), in favor of SILICON VALLEY BANK, as administrative agent and collateral agent (together with its successors, in such capacities, the “Administrative Agent”) for the banks and other financial institutions or entities (each a “Lender” and, collectively, the “Lenders”) from time to time parties to that certain Credit Agreement, dated as of the date hereof (as amended, amended and restated, supplemented, restructured or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), among AXCELIS TECHNOLOGIES, INC., a Delaware corporation (the “Borrower”), the Lenders party thereto and the Administrative Agent.
EXHIBIT 10.6 THIS AGREEMENT CONTAINS A WAIVER OF CERTAIN OF YOUR LEGAL RIGHTS. YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY PRIOR TO SIGNING SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release is made as of January 23, 2002, by and...Agreement • March 12th, 2002 • Axcelis Technologies Inc • Special industry machinery, nec • Massachusetts
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 12th, 2010 • Axcelis Technologies Inc • Special industry machinery, nec • Delaware
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”), and AXCELIS TECHNOLOGIES, INC. and AXCELIS TECHNOLOGIES CCS CORPORATION, each a Delaware corporation with offices located at 108 Cherry Hill Drive, Beverly, Massachusetts 01915 (individually and collectively, jointly and severally “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. This Agreement amends and restates in its entirety that certain Loan and Security Agreement dated as of April 23, 2008 by and among Borrower and Bank. The parties agree as follows:
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 12th, 2008 • Axcelis Technologies Inc • Special industry machinery, nec • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”), and AXCELIS TECHNOLOGIES, INC. and AXCELIS TECHNOLOGIES CCS CORPORATION, each a Delaware corporation with offices located at 108 Cherry Hill Drive, Beverly, Massachusetts 01915 (individually and collectively, jointly and severally “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
Axcelis Technologies, Inc. and [ ], as Trustee INDENTURE Dated as of [ , ]Axcelis Technologies Inc • August 3rd, 2023 • Special industry machinery, nec • New York
AXCELIS TECHNOLOGIES, INC. EXECUTIVE SEPARATION AGREEMENTExecutive Separation Agreement • August 2nd, 2013 • Axcelis Technologies Inc • Special industry machinery, nec • Massachusetts
THIS EXECUTIVE SEPARATION AGREEMENT, dated as of July 17, 2013, is made by and between Axcelis Technologies, Inc. (hereinafter referred to as the “Company”) and Jay Zager (hereinafter referred to as “Executive”). In consideration of the mutual covenants contained herein, the parties agree as follows:
NOMINATION AND STANDSTILL AGREEMENTNomination and Standstill Agreement • March 6th, 2015 • Axcelis Technologies Inc • Special industry machinery, nec • Delaware
This Nomination and Standstill Agreement, dated March 5, 2015 (this “Agreement”), is by and among Axcelis Technologies, Inc. (the “Company”) and the entities and natural persons listed on Exhibit A hereto and their respective Affiliates (collectively, “Vertex”) (each of the Company and Vertex, a “Party” to this Agreement, and collectively, the “Parties”).
AXCELIS TECHNOLOGIES, INC. EXECUTIVE SEPARATION AGREEMENTExecutive Separation Agreement • March 17th, 2008 • Axcelis Technologies Inc • Special industry machinery, nec • Massachusetts
THIS EXECUTIVE SEPARATION AGREEMENT, dated as of October 18, 2007, is made by and between Axcelis Technologies, Inc. (hereinafter referred to as the "Company") and Mark J. Namaroff (hereinafter referred to as "Executive"). In consideration of the mutual covenants contained herein, the parties agree as follows:
SENIOR SECURED CREDIT FACILITIES CREDIT AGREEMENT dated as of July 31, 2020, among AXCELIS TECHNOLOGIES, INC., as the Borrower, THE SEVERAL LENDERS FROM TIME TO TIME PARTY HERETO, and SILICON VALLEY BANK, as Administrative Agent, Issuing Lender and...Credit Agreement • November 6th, 2020 • Axcelis Technologies Inc • Special industry machinery, nec • New York
THIS CREDIT AGREEMENT (this “Agreement”), dated as of July 31, 2020, is entered into by and among AXCELIS TECHNOLOGIES, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time party to this Agreement (each a “Lender” and, collectively, the “Lenders”), SILICON VALLEY BANK (“SVB”), as the Issuing Lender and the Swingline Lender, and SVB, as administrative agent and collateral agent for the Lenders (in such capacities, together with any successors and assigns in such capacities, the “Administrative Agent”).
EXHIBIT 10.4 CHANGE OF CONTROL AGREEMENT AGREEMENT by and between AXCELIS TECHNOLOGIES, INC., a Delaware corporation (the "Company"), and ______________ (the "Executive"), dated as of the ___ day of _______, 200_. The Board of Directors of the Company...Change of Control Agreement • March 15th, 2005 • Axcelis Technologies Inc • Special industry machinery, nec • Massachusetts
Northern Bank & Trust Company letterhead] August 18, 2014Axcelis Technologies Inc • November 6th, 2014 • Special industry machinery, nec • Massachusetts
Re: Amendment of the Business Loan Agreement, dated as of July 5, 2013, between Axcelis Technologies, Inc., a Delaware corporation (the “Borrower”), and Northern Bank & Trust, a Massachusetts corporation (the “Lender”).
SHARE PURCHASE AGREEMENT by and among SUMITOMO HEAVY INDUSTRIES, LTD., AXCELIS TECHNOLOGIES, INC. and SEN CORPORATION, AN SHI AND AXCELIS COMPANY Dated as of February 26, 2009Share Purchase Agreement • February 27th, 2009 • Axcelis Technologies Inc • Special industry machinery, nec • New York
This SHARE PURCHASE AGREEMENT (this “Agreement”) is made as of the 26th day of February, 2009, by and among SUMITOMO HEAVY INDUSTRIES, LTD., a company organized as a kabushiki kaisha under the laws of Japan (“Purchaser”), Axcelis Technologies, Inc., a corporation incorporated under the laws of Delaware (“Seller”), and SEN CORPORATION, AN SHI AND AXCELIS COMPANY, a company organized as a kabushiki kaisha under the laws of Japan (the “Company”). Certain capitalized terms used in this Agreement are defined in Article IX.
