Second AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • April 14th, 2004 • Southwall Technologies Inc /De/ • Unsupported plastics film & sheet • California
This Second Amendment To Forbearance Agreement ("Amendment") is entered into on this 20th day of February 2004, at Cupertino, California, by and between the following parties: PACIFIC BUSINESS FUNDING, a division of GREATER BAY BANK N.A. (and formerly a division of Cupertino National Bank), ("PBF"), and SOUTHWALL TECHNOLOGIES INC., a Delaware corporation ("STI").
FIRST AMENDMENT TO FORBEARANCE AGREEMENTForbearance Agreement • April 14th, 2004 • Southwall Technologies Inc /De/ • Unsupported plastics film & sheet • California
This First Amendment To Forbearance Agreement ("Amendment") is entered into as of this 30th day of January 2004, at Cupertino, California, between the following parties: PACIFIC BUSINESS FUNDING, a division of CUPERTINO NATIONAL BANK ("PBF"), and SOUTHWALL TECHNOLOGIES INC., a Delaware corporation ("STI").
GUARANTY AGREEMENTGuaranty Agreement • April 14th, 2004 • Southwall Technologies Inc /De/ • Unsupported plastics film & sheet
THIS AGREEMENT, dated as of the 19 day of January, 2004, by and between Southwall Europe GmbH, an entity incorporated in the State of Saxony, Germany (the "Guarantor"), and Teijin Limited, a Japanese company having its registered head office at Osaka Japan ("Teijin").
MUTUAL RELEASE AND SETTLEMENT AGREEMENTMutual Release and Settlement Agreement • April 14th, 2004 • Southwall Technologies Inc /De/ • Unsupported plastics film & sheet • California
This Mutual Release and Settlement Agreement (the "Agreement") is dated as of this 20 day of February, 2004 and entered into by and between Bank of America, N.A. ("Bank"), Portfolio Financial Servicing Company ("PFSC") (Bank and PFSC referred to collectively as "Plaintiffs") and Lehman Brothers ("Lehman") (Bank, PFSC and Lehman referred to collectively as "Claimants"), on the one hand, and Southwall Technologies, Inc. ("Southwall"), on the other hand. Claimants and Southwall may be referred to herein collectively as the "Parties".
SECOND AMENDMENT TO LEASE (3969-3975 E. Bayshore Road - Building 1)Lease • April 14th, 2004 • Southwall Technologies Inc /De/ • Unsupported plastics film & sheet
This Second Amendment to Lease ("Second Amendment"), is dated, for reference purposes only as February 19, 2004 (the "Effective Date"), and is entered into between Judd Properties, LLC, a California limited liability company (as assignee of Bay Laurel Investment Company, a California general partnership ("Bay Laurel")), as "Lessor", and Southwall Technologies, Inc., a Delaware corporation, as "Lessee", for the purpose of modifying that certain Lease Agreement, executed by Bay Laurel and Lessee as of January 1, 1989, (the "Original Lease"), as amended, concerning the premises commonly known as Building 1, 3969-3975 E. Bayshore Road, Palo Alto, California (the "premises"). Capitalized terms, not otherwise defined in this Second Amendment, shall have the meanings ascribed to such terms in the Lease. In the event of any conflict between the terms and conditions of the Lease and this Second Amendment, this Second Amendment shall be deemed to prevail.
SURRENDER AND TERMINATION AGREEMENT (3977-3995 E. Bayshore Road - Building 2)Surrender and Termination Agreement • April 14th, 2004 • Southwall Technologies Inc /De/ • Unsupported plastics film & sheet
This Surrender and Termination Agreement ("Agreement"), is dated, for reference purposes only as February 19, 2004 (the "Effective Date"), and is entered into between Judd Properties, LLC, a California limited liability company (as assignee of Bay Laurel Investment Company, a California general partnership ("Bay Laurel")), as "Lessor", and Southwall Technologies, Inc., a Delaware corporation, as "Lessee", with respect to that certain Lease Agreement, executed by Bay Laurel and Lessee as of January 1, 1989, (the "Original Lease"), as amended, concerning the premises commonly known as Building 2, 3977-3995 E. Bayshore Road, Palo Alto, California (the "premises" or "Building 2"). Capitalized terms, not otherwise defined in this Agreement, shall have the meanings ascribed to such terms in the Lease.
SUPPLY AGREEMENT between SOUTHWALL TECHNOLOGIES INC. Palo Alto, California 94303 USA SAINT GOBAIN SEKURIT FRANCE Bureau Central F-60150 THOUROTTE, FranceSupply Agreement • April 14th, 2004 • Southwall Technologies Inc /De/ • Unsupported plastics film & sheet
Guaranteed Loan AgreementGuaranteed Loan Agreement • April 14th, 2004 • Southwall Technologies Inc /De/ • Unsupported plastics film & sheet
This Loan Agreement is entered into by and between Southwall Technologies, Inc. ("Southwall") and Teijin, Limited ("Teijin") as of January 19, 2004.
