0001047469-04-022462 Sample Contracts

AGREEMENT AND PLAN OF MERGER Dated as of July 1, 2004, Between AIXTRON AKTIENGESELLSCHAFT And GENUS, INC.
Agreement and Plan of Merger • July 2nd, 2004 • Genus Inc • Special industry machinery, nec • New York

AGREEMENT AND PLAN OF MERGER, dated as of July 1, 2004 (this "Agreement"), between AIXTRON AKTIENGESELLSCHAFT, a stock corporation (Aktiengesellschaft) organized under the laws of the Federal Republic of Germany and registered with the Commercial Register under HRB 7002 ("Parent"), and GENUS, INC., a California corporation (the "Company").

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Agreement in Principle
Genus Inc • July 2nd, 2004 • Special industry machinery, nec • New York

This Agreement in Principle, dated as of July 1, 2004, contains the material terms of a Joint Development Agreement between Aixtron Aktiengesellschaft and Genus, Inc. (the "Agreement"). The parties believe that customers desire a production tool based on both parties' background technology and accordingly wish to commence design and development efforts as soon as practicable in order to satisfy such demand. Both parties acknowledge that they could not develop such product independently and rapidly without the background technology of the other party.

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