MASTER LEASE AGREEMENT No. 4281828 Part IMaster Lease Agreement • June 24th, 2005 • New Athletics, Inc. • Michigan
The Master Lease agreement between the undersigned Lessor and the undersigned Lessee, is in consideration of the mutual covenants, terms and conditions herein contained, and shall apply to certain property, together with all components, parts, additions and attachments now or hereafter incorporated therein and substitutions therefore (hereinafter collectively, “Equipment”) described in the scheduled(s) to be executed pursuant hereto (each a “Schedule”). Each Schedule shall be deemed to incorporate by reference all terms and conditions of this Master Lease Agreement. This Master Lease Agreement, together with every Schedule, shall be referred to as the “Lease,” and shall be subject to the additional terms and conditions set forth in the Schedules. All Schedules held by the same Lessor shall constitute one lease. The Lease shall be effective with respect to each Schedule from and after the date said Schedule is fully executed. The term of this Lease with respect to any item of Equipment
CREDIT AGREEMENTCredit Agreement • June 24th, 2005 • New Athletics, Inc. • California
This Credit Agreement, dated as of August 6, 2004, (this “Agreement”) between BANK OF AMERICA, N.A. with an office at 55 South Lake Avenue, Pasadena, California 91101 (the “Lender”), and, AVIZA TECHNOLOGY, INC., a Delaware corporation, with offices at 440 Kings Village Road, Scotts Valley, California 95066 (the “Borrower”).
ContractReimbursement Agreement • June 24th, 2005 • New Athletics, Inc. • California
THIS AGREEMENT IS SUBJECT TO THE TERMS OF AN INTERCREDITOR AND SUBORDINATION AGREEMENT DATED AS OF AUGUST 6, 2004, BY AND AMONG BANK OF AMERICA, N.A., VANTAGEPOINT VENTURE PARTNERS IV, L.P., AND VANTAGEPOINT VENTURE PARTNERS IV (Q), L.P.
ContractSecurity Agreement • June 24th, 2005 • New Athletics, Inc. • California
THIS AGREEMENT IS SUBJECT TO THE TERMS OF AN INTERCREDITOR AND SUBORDINATION AGREEMENT DATED AS OF AUGUST 6, 2004 (THE “SUBORDINATION AGREEMENT”), BY AND AMONG BANK OF AMERICA, N.A., VANTAGEPOINT VENTURE PARTNERS IV, L.P., AND VANTAGEPOINT VENTURE PARTNERS IV (Q), L.P.
AMENDMENT NO. 2 TO CREDIT AGREEMENTCredit Agreement • June 24th, 2005 • New Athletics, Inc. • California
THIS AMENDMENT NO. 2 TO CREDIT AGREEMENT (“Amendment”) is dated as of February 23, 2005 and is entered into by and between AVIZA TECHNOLOGY, INC., a Delaware corporation (the “Borrower”) and BANK OF AMERICA, N.A. (the “Lender”). All capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Credit Agreement (as hereinafter defined).
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • June 24th, 2005 • New Athletics, Inc. • California
THIS AMENDMENT NO. 1 TO CREDIT AGREEMENT (“Amendment”) is dated as of September 23, 2004 and is entered into by and between AVIZA TECHNOLOGY, INC., a Delaware corporation (the “Borrower”) and Bank of America, N.A. (the “Lender”). All capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Credit Agreement (as hereinafter defined).
12,000,000 LOAN AND SECURITY AGREEMENT between AVIZA TECHNOLOGY, INC., as BorrowerLoan and Security Agreement • June 24th, 2005 • New Athletics, Inc. • New York
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of September 23, 2004, by AVIZA TECHNOLOGY, INC., a Delaware corporation (“Borrower”), having an address at 440 Kings Village Road, Scotts Valley, California 95066 and iSTAR FINANCIAL INC., a Maryland corporation (together with its successors and assigns, hereinafter referred to as “Lender”), with offices at 1114 Avenue of the Americas, 27th Floor, New York, New York 10036.
CONTINUING GUARANTYContinuing Guaranty • June 24th, 2005 • New Athletics, Inc. • California
This CONTINUING GUARANTY, dated as of August 6, 2004, is made by VANTAGEPOINT VENTURE PARTNERS IV, L.P., a Delaware limited partnership (“VPVP IV”) and VANTAGEPOINT VENTURE PARTNERS IV (Q), L.P., a Delaware limited partnership (“VPVP Q”) (VPVP IV and VPVP Q are each individually referred to herein as a “Guarantor,” and collectively, the “Guarantors”), in favor of BANK OF AMERICA, N.A., (“Lender”), in light of the following:
