0000950134-05-012096 Sample Contracts

Amended and Restated Loan and Security Agreement
Loan and Security Agreement • June 16th, 2005 • Therma Wave Inc • Industrial instruments for measurement, display, and control • California
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Streamline Facility Agreement June 10, 2005
Streamline Facility Agreement • June 16th, 2005 • Therma Wave Inc • Industrial instruments for measurement, display, and control

This will confirm the agreement of Silicon and Borrower that the following provisions shall apply, effective from and after the date hereof, so long as: (i) no Default or Event of Default has occurred and is continuing; (ii) Borrower is not in breach of its obligations under this Agreement; and (iii)(1) Borrower’s Quick Ratio is greater than 1.25:1.00 or (2) outstanding Letters of Credit do not exceed $3,500,000 in the aggregate (such application of the following provisions is referred to as the “Streamline Option”):

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