Exhibit 10.1 CREDIT AGREEMENT by and between CYMER, INC., A NEVADA CORPORATIONCredit Agreement • August 14th, 2001 • Cymer Inc • Special industry machinery, nec
TABLE OF CONTENTSCymer Inc • March 20th, 1997 • Photographic equipment & supplies
LOAN AGREEMENT AMONG SILICON VALLEY BANK and BANK OF HAWAII, AS CO-LENDERS AND CYMER, INC. AND CYMER JAPAN, INC. AS BORROWERS DATED AS OF DECEMBER 8, 1997 AGREEMENTLoan Agreement • July 30th, 1998 • Cymer Inc • Photographic equipment & supplies • California
Exhibit 10.12 EMPLOYMENT AGREEMENT This Employment Agreement (the "Agreement") is made and entered into effective as of October 1, 2000, by and between Pascal Didier (the "Employee") and Cymer, Inc., a Nevada corporation (the "Company"). R E C I T A L...Employment Agreement • March 27th, 2001 • Cymer Inc • Photographic equipment & supplies • California
R E C I T A L SEmployment Agreement • July 30th, 1998 • Cymer Inc • Photographic equipment & supplies • California
CYMER, INC. 3 1/2% CONVERTIBLE SUBORDINATED NOTES DUE FEBRUARY 15, 2009Cymer Inc • May 13th, 2002 • Special industry machinery, nec • New York
Exhibit 10.10 EMPLOYMENT AGREEMENT This Employment Agreement (the "Agreement") is made and entered into effective as of October, 1, 2000, by and between Robert P. Akins (the "Employee") and Cymer, Inc., a Nevada corporation (the "Company"). R E C I T...Employment Agreement • March 27th, 2001 • Cymer Inc • Photographic equipment & supplies • California
RECITALSEmployment Agreement • July 30th, 1998 • Cymer Inc • Photographic equipment & supplies • California
1 EXHIBIT 4.2 REGISTRATION RIGHTS AGREEMENT THIS REGISTRATION RIGHTS AGREEMENT (the "Agreement"), dated as of August 6, 1997 by and among Cymer, Inc., a Nevada corporation (the "Company") and Morgan Stanley & Co. Incorporated and Montgomery Securities...Registration Rights Agreement • August 19th, 1997 • Cymer Inc • Photographic equipment & supplies • New York
1 3 statements therein not misleading, (ii) the Registration Statement and the Prospectus comply and, as amended or supplemented, if applicable, will comply in all material respects with the Securities Act and the applicable rules and regulations of...Cymer Inc • December 3rd, 1996 • Photographic equipment & supplies • New York
EXHIBIT 10.6 AMENDMENT TO LOAN AGREEMENT BORROWERS: CYMER, INC. AND CYMER JAPAN, INC. DATED AS OF: FEBRUARY 4, 1999 THIS AMENDMENT TO LOAN AGREEMENT is entered into between SILICON VALLEY BANK ("Silicon") and BANK OF HAWAII ("BOH"), on the one side,...Loan Agreement • March 27th, 2000 • Cymer Inc • Photographic equipment & supplies
CYMER, INC. ANDRights Agreement • February 20th, 1998 • Cymer Inc • Photographic equipment & supplies • Nevada
AGREEMENT AND PLAN OF MERGER by and among ASML HOLDING N.V., KONA ACQUISITION COMPANY, INC., and CYMER, INC. and, solely for the purposes set forth herein, ASML US INC. and KONA TECHNOLOGIES, LLC dated as of October 16, 2012Agreement and Plan of Merger • October 17th, 2012 • Cymer Inc • Special industry machinery, nec • Nevada
THIS AGREEMENT AND PLAN OF MERGER, dated as of October 16, 2012 (this “Agreement”), is entered into by and among (i) ASML Holding N.V., a Netherlands public limited liability company (naamloze vennootschap) (“Parent”), (ii) solely for purposes of Article II, Article IV, Article VI and Article X, ASML US Inc., a Delaware corporation and an indirect wholly owned Subsidiary of Parent (“Holdco”), and Kona Technologies, LLC, a Nevada limited liability company and a wholly owned Subsidiary of Holdco (“Merger Sub 2”), (iii) Kona Acquisition Company, Inc. a Nevada corporation and a wholly owned Subsidiary of Holdco (“Merger Sub”), and (iv) Cymer, Inc., a Nevada corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Section 1.1.
R E C I T A L SEmployment Agreement • July 30th, 1998 • Cymer Inc • Photographic equipment & supplies • California
Exhibit 10.3 EMPLOYMENT AGREEMENT This Employment Agreement (the "Agreement") is made and entered into effective as of June 25, 2001 by and between Brian C. Klene (the "Employee") and Cymer, Inc., a Nevada corporation (the "Company"). R E C I T A L S...Employment Agreement • August 14th, 2001 • Cymer Inc • Special industry machinery, nec • California
Exhibit 10.6 AMENDMENT TO LOAN AGREEMENT THIS AMENDMENT TO LOAN AGREEMENT dated as of February 3, 2001 is entered between SILICON VALLEY BANK and BANK OF HAWAII, on the one side, CYMER, INC. and CYMER JAPAN, INC., on the other side. The Parties agree...Loan Agreement • March 27th, 2001 • Cymer Inc • Photographic equipment & supplies
EXHIBIT 99.2 ACTIVE CONTROL EXPERTS, INC. INCENTIVE STOCK OPTION AGREEMENT Option Certificate Number: 93- SPECIFIC TERMS OF THE OPTION Subject to the terms and conditions hereinafter set forth and the terms and conditions of the Active Control...Cymer Inc • April 9th, 2001 • Photographic equipment & supplies
AGREEMENTEmployment Agreement • March 30th, 1999 • Cymer Inc • Photographic equipment & supplies • California
CYMER, INC.Cymer Inc • May 13th, 2002 • Special industry machinery, nec • New York
RECITALSEmployment Agreement • May 13th, 2002 • Cymer Inc • Special industry machinery, nec • California
EMPLOYMENT AGREEMENTEmployment Agreement • March 15th, 2006 • Cymer Inc • Special industry machinery, nec • California
This Employment Agreement (the “Agreement”) is made and entered into effective as of October 21, 2004 by and between Bill N. Alexander, Jr., (the “Employee”) and Cymer, Inc., a Nevada corporation (the “Company”).
EMPLOYMENT AGREEMENTEmployment Agreement • February 18th, 2011 • Cymer Inc • Special industry machinery, nec • California
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into effective as of November 30, 2010 (“Effective Date”) by and between CYMER, INC., a Nevada corporation (the “Company”) and the Company’s Vice President, Corporate Controller and Chief Accounting Officer, Karen McGinnis (the “Employee”).
CYMER, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • November 23rd, 2010 • Cymer Inc • Special industry machinery, nec • Nevada
This Indemnification Agreement (this “Agreement”) is made effective as of by and between Cymer, Inc., a Nevada corporation (the “Company”), and (“Indemnitee”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • May 8th, 2007 • Cymer Inc • Special industry machinery, nec • California
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into effective as of January 2, 2007 (“Effective Date”) by and between CYMER, INC., a Nevada corporation (the “Company”) and the Company’s Vice President, Controller and Chief Acccounting Officer, RAE ANN WERNER (the “Employee”). This Agreement shall replace and supersede that certain Employment Agreement between Employee and the Company entered into effective as of May 1, 2003 (the “Original Employment Agreement”).
PATENT LICENSE AGREEMENTLicense and Manufacturing Agreement • August 14th, 2001 • Cymer Inc • Special industry machinery, nec • Massachusetts
CYMER, INC. PERFORMANCE RESTRICTED STOCK UNIT AGREEMENTPerformance Restricted Stock Unit Agreement • July 6th, 2011 • Cymer Inc • Special industry machinery, nec • California
Pursuant to your Performance Restricted Stock Unit Grant Notice (“Grant Notice”) and this Performance Restricted Stock Unit Agreement (the “Agreement”), Cymer, Inc. (the “Company”) has granted you a Performance Restricted Stock Unit award under Sections 7(c) and 7(e) of the Cymer, Inc. 2011 Equity Incentive Plan (the “Plan”) for the number of shares of the Company’s common stock (the “Common Stock”) indicated in the Grant Notice (collectively, the “Award”). Defined terms not explicitly defined in this Agreement but defined in the Plan or Grant Notice will have the same definitions as in the Plan or Grant Notice, as applicable.
CYMER, INC. STOCK UNIT AGREEMENTStock Unit Agreement • July 6th, 2011 • Cymer Inc • Special industry machinery, nec • California
Pursuant to your Stock Unit Grant Notice (“Grant Notice”) and this Stock Unit Agreement (the “Agreement”), Cymer, Inc. (the “Company”) has granted you a Stock Unit under Section 7(c) of the Cymer, Inc. 2011 Equity Incentive Plan (the “Plan”) for the number of shares of the Company’s common stock (the “Common Stock”) indicated in the Grant Notice (collectively, the “Award”). Defined terms not explicitly defined in this Agreement but defined in the Plan or Grant Notice will have the same definitions as in the Plan.
CREDIT AGREEMENTCredit Agreement • March 27th, 2003 • Cymer Inc • Special industry machinery, nec • California
CYMER JAPAN, INC., a Japanese corporation, and WELLS FARGO HSBC TRADE BANK, N.A. agree as follows (with certain terms used herein being defined in Article 9):
CYMER, INC.Cymer Inc • May 13th, 2002 • Special industry machinery, nec • New York
SUBLEASE AGREEMENT by and between CYMER INC., a Nevada corporation (“Sublessor”) and NORTHROP GRUMMAN SYSTEMS CORPORATION, a Delaware corporation (“Sublessee”) November 5, 2004Sublease Agreement • March 16th, 2005 • Cymer Inc • Special industry machinery, nec • California
CYMER, INC. AMENDMENT NO. 1 TO RESTRICTED STOCK UNIT AGREEMENT (DIRECTORS)Restricted Stock Unit Agreement • February 15th, 2013 • Cymer Inc • Special industry machinery, nec • California
This AMENDMENT NO. 1 TO RESTRICTED STOCK UNIT AGREEMENT (the “Amendment”) is effective as of December , 2012, by and between CYMER, INC., a Nevada corporation (the “Company”), and (“Holder”).
AMENDMENT NO. 1 TO JOINT VENTURE AGREEMENT OF TCZ, GMBHJoint Venture Agreement • November 2nd, 2005 • Cymer Inc • Special industry machinery, nec
This Amendment No. 1 to Joint Venture Agreement of TCZ, GmbH (this “Amendment No. 1”) is made as of September 16, 2005 (the “Amendment No. 1 Effective Date”) by and among TCZ GmbH, a limited liability company organized under the laws of Switzerland (“TCZ”), Carl Zeiss SMT AG, a stock corporation organized under the laws of Germany (“Zeiss SMT”), Carl Zeiss Laser Optics Beteiligungsgesellschaft mbH, a limited liability company organized under the laws of Germany and an indirect wholly-owned subsidiary of SMT (“Zeiss LOB”), and Cymer, Inc., a Nevada corporation (“Cymer”) and amends and supplements that certain Joint Venture Agreement, dated July 15, 2005 (the “Agreement”) between the parties. All capitalized terms used in this Amendment No. 1 but not otherwise defined herein shall have the meanings given such terms in the Agreement and, unless otherwise specified, references to Sections refer to Sections of the Agreement.
UNCONDITIONAL GUARANTY (CORPORATE)Cymer Inc • July 30th, 1998 • Photographic equipment & supplies • California
AGREEMENT OF SUBSTITUTION AND AMENDMENT OF PREFERRED SHARES RIGHTS AGREEMENTAgreement of Substitution • March 27th, 2003 • Cymer Inc • Special industry machinery, nec
This Agreement of Substitution and Amendment (this “Agreement”)is entered into as of January 13, 2003 by and between Cymer, Inc., a Nevada corporation (the “Company”) and American Stock Transfer and Trust Company, a New York banking corporation (“AST”). Captitalized terms used herein but not otherwise defined shall have the meaning given to such terms in the Rights Agreement (defined below).
AMENDMENT OF PREFERRED SHARES RIGHTS AGREEMENTPreferred Shares Rights Agreement • August 23rd, 2004 • Cymer Inc • Special industry machinery, nec
THIS AMENDMENT is entered into as of August 23, 2004 by and between Cymer, Inc., a Nevada corporation (the “Company”), and American Stock Transfer and Trust Company, a New York banking corporation (“AST”). Capitalized terms used herein but not otherwise defined shall have the meaning given to such terms in the Rights Agreement (defined below).
