0001047469-05-025442 Sample Contracts

JOINT DEVELOPMENT AGREEMENT by and between TRIKON TECHNOLOGIES, INC. and AVIZA TECHNOLOGY, INC. dated March 14, 2005
Joint Development Agreement • October 28th, 2005 • New Athletics, Inc. • Special industry machinery, nec • California

This Joint Development Agreement (the “Agreement”) is made and entered into as of this 14th day of March, 2005 (“Effective Date”), by and between Aviza Technology, Inc., a Delaware corporation (“Aviza”), and Trikon Technologies, Inc. a Delaware corporation (“Trikon”). (As used in this Agreement, each of Aviza and Trikon is a “Party” and collectively the “Parties.”)

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SECOND 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,...
Stockholder Agreement • October 28th, 2005 • New Athletics, Inc. • Special industry machinery, nec • Delaware

THIS SECOND AMENDED AND RESTATED STOCKHOLDER AGREEMENT (the “Agreement”) is entered into as of October 18, 2005 and amends and restates in its entirety that certain Amended and Restated Stockholder Agreement entered into as of September 27, 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”).

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