AVIZA TECHNOLOGY, INC. SERIES B PREFERRED STOCK PURCHASE AGREEMENT March 11, 2005Preferred Stock Purchase Agreement • September 28th, 2005 • New Athletics, Inc. • Special industry machinery, nec • California
This Series B Preferred Stock Purchase Agreement (this “Agreement”) is made as of March 11, 2005 by and among Aviza Technology, Inc., a Delaware corporation (the “Company”) and the investors listed on Exhibit A hereto (each a “Purchaser” and together the “Purchasers”).
LICENSE AGREEMENTLicense Agreement • September 28th, 2005 • New Athletics, Inc. • Special industry machinery, nec • California
This AGREEMENT (the “Agreement”) dated as of February [ ], 2002 is made by and between IPS, Ltd., a corporation duly organized and existing under the laws of the Republic of Korea (“Korea”) and having its principal office at #33 Jije-dong, Pyungtaek, Kyungki-Do, Korea (“Licensor”), and ASML US, Inc., acting under the name of ASML Thermal Division, a corporation duly organized and existing under the laws of the State of Delaware and having its principal office at 440 Kings Village Road, Scotts Valley, CA 95055 (the “Company”).
AMENDED AND RESTATED STOCKHOLDER AGREEMENT BY AND AMONG NEW ATHLETICS, INC., TRIKON TECHNOLOGIES, INC., VANTAGEPOINT VENTURE PARTNERS IV (Q), L.P., VANTAGEPOINT VENTURE PARTNERS IV, L.P. AND VANTAGEPOINT VENTURE PARTNERS IV PRINCIPALS FUND, L.P. DATED...Stockholder Agreement • September 28th, 2005 • New Athletics, Inc. • Special industry machinery, nec • Delaware
THIS AMENDED AND RESTATED STOCKHOLDER AGREEMENT (the "Agreement") is entered into as of September 27, 2005 and amends and restates in its entirety that certain Stockholder Agreement entered into as of March 14, 2005 by and among New Athletics, Inc., a Delaware corporation ("Parent"), Trikon Technologies, Inc., a Delaware corporation ("Trikon"), and VantagePoint Venture Partners IV (Q), L.P., VantagePoint Venture Partners IV, L.P. and VantagePoint Venture Partners IV Principals Fund, L.P. (collectively, "VPVP").
AVIZA TECHNOLOGY, INC. SERIES B-1 PREFERRED STOCK PURCHASE AGREEMENT September 27, 2005Preferred Stock Purchase Agreement • September 28th, 2005 • New Athletics, Inc. • Special industry machinery, nec • California
This Series B-1 Preferred Stock Purchase Agreement (this “Agreement”) is made as of September 27, 2005 by and among Aviza Technology, Inc., a Delaware corporation (the “Company”) and the investors listed on Exhibit A hereto (each a “Purchaser” and together the “Purchasers”).
AMENDMENT NO. 3 TO CREDIT AGREEMENTCredit Agreement • September 28th, 2005 • New Athletics, Inc. • Special industry machinery, nec • California
THIS AMENDMENT NO. 3 TO CREDIT AGREEMENT (“Amendment”) is dated as of September 26, 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).
