Semitool Inc Sample Contracts

Draft] UNDERWRITING AGREEMENT
Underwriting Agreement • June 30th, 2000 • Semitool Inc • Special industry machinery, nec • New York
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Borrower: SEMITOOL, INC. Lender: BANK OF AMERICA, NA 655 West Reserve Drive 800 5TH AVE Kalispell, MT 59901 P.O. BOX 84448 SEATTLE,WA 98124
Business Loan Agreement • August 14th, 2000 • Semitool Inc • Special industry machinery, nec • Washington
CREDIT AGREEMENT by and between SEMITOOL, INC., a Montana corporation and WELLS FARGO HSBC TRADE BANK, N.A. Dated as of November 1, 2004
Credit Agreement • December 14th, 2004 • Semitool Inc • Special industry machinery, nec

SEMITOOL, INC., a Montana corporation (“Borrower”), organized under the laws of the State of Montana whose chief executive office is located at the address specified after its signature to this Agreement (“Borrower’s Address”) and WELLS FARGO HSBC TRADE BANK, N.A. (“Trade Bank”), whose address is specified after its signature to this Agreement, have entered into this CREDIT AGREEMENT as of November 1, 2004 (“Effective Date”). All references to this “Agreement” include those covenants included in the Addendum to Agreement (“Addendum”) attached as Exhibit A hereto.

CHANGE IN CONTROL SEVERANCE AGREEMENT
Change in Control Severance Agreement • August 12th, 2009 • Semitool Inc • Special industry machinery, nec • Montana

THIS CHANGE IN CONTROL SEVERANCE AGREEMENT (this “Agreement”) is made and entered into as of August 10, 2009 by and between Semitool, Inc., a Montana corporation (the “Company”), and Herbert Oetzlinger, Vice President, Sales (Europe) (“Executive”).

AIRCRAFT LEASE
Aircraft Lease • December 14th, 2004 • Semitool Inc • Special industry machinery, nec

This Lease Agreement (“Lease” or “Agreement”) is executed this 22nd day of August, 2004 by and between EAGLE III, LLC, a Montana limited liability company (“Lessor”) and SEMITOOL, INC., a Montana corporation, with its principal place of business at 655 West Reserve Drive, Kalispell, Montana (“Lessee”).

SECOND AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • December 14th, 2007 • Semitool Inc • Special industry machinery, nec

THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of September 1, 2007 by and between SEMITOOL, INC., a Montana corporation (“Borrower”), and WELLS FARGO HSBC TRADE BANK, NATIONAL ASSOCIATION (“Trade Bank”).

TERMINATION OF AIRCRAFT LEASE
Termination of Aircraft Lease • August 31st, 2009 • Semitool Inc • Special industry machinery, nec

This Termination of Lease Agreement (“Lease” or “Agreement”) is executed this 28th day of August, 2009 by and between EAGLE III, LLC, a Montana limited liability company (“Lessor”) and SEMITOOL, INC., a Montana corporation, with its principal place of business at 655 West Reserve Drive, Kalispell, Montana (“Lessee”).

Settlement Agreement
Settlement Agreement • October 13th, 2004 • Semitool Inc • Special industry machinery, nec • Oregon

This Settlement Agreement (“Agreement”) is entered into effective as of October 8, 2004 (the “Effective Date”), by and between Semitool, Inc. (hereinafter sometimes referred to as “Semitool”), a corporation of the State of Montana, having a principal place of business at 655 West Reserve Drive, Kalispell, Montana 59901, and Novellus Systems, Inc. (hereinafter sometimes referred to as “Novellus”), a corporation of the State of California, having a principal place of business at 4000 North First Street, San Jose, California 95134, (“Semitool” and “Novellus” are hereinafter sometimes referred to individually as a “Party” and collectively as “Parties”).

FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • February 9th, 2006 • Semitool Inc • Special industry machinery, nec

THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of December 6, 2005 by and between SEMITOOL, INC., a Montana corporation (“Borrower”), and WELLS FARGO HSBC TRADE BANK, NATIONAL ASSOCIATION (“Trade Bank”).

AMENDMENT NO. 1 TO AIRCRAFT LEASE
Aircraft Lease • May 12th, 2004 • Semitool Inc • Special industry machinery, nec

This Amendment No. 1 to Lease Agreement (“Lease” or “Agreement”) is executed this 31st day of March, 2004 by and between EAGLE I, LLC, a Montana limited liability company (“Lessor”) and SEMITOOL, INC., a Montana corporation, with its principal place of business at 655 West Reserve Drive, Kalispell, Montana (“Lessee”).

AIRCRAFT LEASE
Lease Agreement • May 12th, 2004 • Semitool Inc • Special industry machinery, nec

This Lease Agreement (“Lease Agreement”) is executed this 31st day of March, 2004 by and between EAGLE II LLC, a Montana limited liability company (“Lessor”) and SEMITOOL, INC., a Montana corporation, with its principal place of business at 655 West Reserve Drive, Kalispell, Montana (“Lessee”).

THIRD AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • May 8th, 2008 • Semitool Inc • Special industry machinery, nec

THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of February 4, 2008 by and between SEMITOOL, INC., a Montana corporation (“Borrower”), and WELLS FARGO HSBC TRADE BANK, NATIONAL ASSOCIATION (“Trade Bank”).

Contract
Semitool Inc • December 12th, 2008 • Special industry machinery, nec

Account number: 43,026 Customer number: 00991281/3/1 SB: Mr. Dir. J.-Peter Holztrattner Charge calculated on one’s own according to the decision of the Salzburg Fiscal Office for Charges and Road-Fund Taxes St. 010/1680, Dep. 10. Granted on Aug. 21, 2008 till ... at 0.8 %. EUR 9,000.--

AMENDMENT NO. 3 TO AIRCRAFT LEASE
Aircraft Lease • June 6th, 2007 • Semitool Inc • Special industry machinery, nec

This Amendment No. 3 to Lease Agreement (“Lease” or “Agreement”) is executed this 5th day of June, 2007 by and between EAGLE I, LLC, a Montana limited liability company (“Lessor”) and SEMITOOL, INC., a Montana corporation, with its principal place of business at 655 West Reserve Drive, Kalispell, Montana (“Lessee”).

AMENDMENT NO. 4 TO AIRCRAFT LEASE
Aircraft Lease • August 31st, 2009 • Semitool Inc • Special industry machinery, nec

This Amendment No. 4 to Lease Agreement (“Lease” or “Agreement”) is executed this 28th day of August, 2009 by and between EAGLE I, LLC, a Montana limited liability company (“Lessor”) and SEMITOOL, INC., a Montana corporation, with its principal place of business at 655 West Reserve Drive, Kalispell, Montana (“Lessee”).

LOAN AND SECURITY AGREEMENT Dated August 15, 2006 Among SOVEREIGN BANK And LEHIGH COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY And RHETECH, INC.
Loan and Security Agreement • December 14th, 2006 • Semitool Inc • Special industry machinery, nec • Pennsylvania

THIS LOAN AND SECURITY AGREEMENT dated August 15, 2006, is by and among LEHIGH COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY (the “Authority”), a body politic and a public instrumentality of the Commonwealth of Pennsylvania, SOVEREIGN BANK, a federal savings bank (the “Bank”) and RHETECH, INC., a Delaware corporation (the “Borrower”).

AMENDMENT NO. 2 TO AIRCRAFT LEASE
Aircraft Lease • August 31st, 2009 • Semitool Inc • Special industry machinery, nec

This Amendment No. 2 to Lease Agreement (“Lease” or “Agreement”) is executed this 28th day of August, 2009 by and between EAGLE II, LLC, a Montana limited liability company (“Lessor”) and SEMITOOL, INC., a Montana corporation, with its principal place of business at 655 West Reserve Drive, Kalispell, Montana (“Lessee”).

5,000,000 Shares SEMITOOL, INC. Common Stock PLACEMENT AGENCY AGREEMENT
Placement Agency Agreement • December 19th, 2005 • Semitool Inc • Special industry machinery, nec • New York

Semitool, Inc., a Montana corporation (the “Company”), proposes to issue and sell to certain investors (collectively, the “Investors”) up to an aggregate of 3,000,000 shares of the Company’s common stock, no par value per share (the “Common Stock”), and Raymon F. Thompson (the “Selling Stockholder”) proposes to sell to the Investors up to an aggregate of 2,000,000 shares of Common Stock (the 5,000,000 shares to be sold collectively by the Company and the Selling Stockholder to the Investors, the “Shares”). The Company and the Selling Stockholder desire to engage Needham & Company, LLC as their exclusive placement agent (the “Placement Agent”) in connection with the issuance and sale of the Shares. The Shares are described more fully in the Prospectuses that are referred to below.

SEMITOOL, INC. INCENTIVE STOCK OPTION AGREEMENT
Incentive Stock Option Agreement • October 1st, 2004 • Semitool Inc • Special industry machinery, nec • Montana

WHEREAS, the Company has adopted the Semitool, Inc. 2004 Stock Option Plan (the “Plan”), which Plan is incorporated in this Agreement by this reference and made a part of it (capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Plan); and

GUARANTY AND SURETYSHIP
Guaranty and Suretyship • August 18th, 2006 • Semitool Inc • Special industry machinery, nec • Pennsylvania
Contract
Semitool Inc • August 9th, 2005 • Special industry machinery, nec

Account number; Customer number: SB: Mr. Dir. HOlztrattnarJ.-Peter Fee self-calculated according to notice by Office for Fees and Duties Salzburg St. 010/1680 Ref. 10 granted on to with 0.8% EUR 20.000,-

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TERM LOAN AGREEMENT
Term Loan Agreement • January 3rd, 2007 • Semitool Inc • Special industry machinery, nec • Montana

This TERM LOAN AGREEMENT (“Agreement”) dated December 29, 2006 between FIRST INTERSTATE BANK (“Lender”) and SEMITOOL, INC. (“Borrower”), outlines the basic agreement and understanding reached between the parties relative to long term financing provided under the Montana Board of Investments (“Board”) Value-Added loan program. This Agreement supplements the terms and conditions of all other agreements, instruments, and documents used to create the obligation under the agreement (“Loan Documents”), and shall be read and construed together with the promissory note and security documents and where possible shall be interpreted in harmony with the Loan Documents.

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