INTERMOLECULAR, INC.Restricted Stock Purchase Agreement • July 29th, 2011 • Intermolecular Inc • California
Intermolecular, Inc. (the “Company”), pursuant to its 2004 Equity Incentive Plan, as may be amended from time to time (the “Plan”), hereby grants to the Optionee listed below (“Optionee”), an option to purchase the number of shares of the Company’s Common Stock set forth below, subject to the terms and conditions of the Plan and this Stock Option Agreement. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Stock Option Agreement.
ADVANCED MEMORY DEVELOPMENT PROGRAM AGREEMENT Elpida Memory, Inc. - Intermolecular, Inc.Supplemental Joint Development Agreement • July 29th, 2011 • Intermolecular Inc • New York
This Advanced Memory Development Program Agreement (“Agreement”) is made as of May 22, 2008 (“Effective Date”) between Elpida Memory, Inc., a Japanese corporation operating at 2-1, Yaesu 2-chome, Chuo-ku, Tokyo 104-0028, Japan (“Elpida”), and Intermolecular, Inc., a Delaware corporation operating at 2865 Zanker Road, San Jose, California 95134 or designated Affiliate (“Intermolecular” or “IM”). Elpida and IM are sometimes referred to herein individually as a “party” and collectively as the “parties”.
ALLIANCE AGREEMENT ADVANCED TECHNOLOGY MATERIALS, INC. AND INTERMOLECULAR, INC.Alliance Agreement • July 29th, 2011 • Intermolecular Inc • New York
This ALLIANCE AGREEMENT (the “Agreement”), effective as of November 17, 2006 (the “Effective Date”), is made by and between Advanced Technology Materials, Inc., with a principal place of business at 7 Commerce Drive, Danbury, CT 06810 (“ATMI”), and Intermolecular, Inc., with a principal place of business at 2865 Zanker Road, San Jose, California 95134 (“IM”). ATMI and IM are sometimes referred to herein individually as a “party” and collectively as the “parties.”
Dry Workflow Purchase AgreementWorkflow Purchase Agreement • July 29th, 2011 • Intermolecular Inc • New York
This Dry Workflow Purchase Agreement (“Agreement”), effective as of December 16, 2008, or, if 1eft blank, the last date of signature by a party hereto (“Effective Date”), is made by and between Advance Technology Materials. Inc., with a principal place of business at 7 Commerce Drive, Danbury, CT 06810 (“Customer”), and Intermolecular, Inc., with a principal place of business at 2865 Zanker Road, San Jose, CA 95134 (“IM”). Customer and IM are sometimes referred to herein individually as a ‘‘party” and collectively as the “parties.”
COLLABORATIVE DEVELOPMENT PROGRAM AGREEMENT GLOBALFOUNDRIES Inc. — Intermolecular, Inc.Collaborative Development Program Agreement • July 29th, 2011 • Intermolecular Inc • California
This Collaborative Development Program Agreement (“Agreement”) is made as of June 1st, 2011 (“Effective Date”) between GLOBALFOUNDRIES Inc., an exempted company incorporated under the laws of the Cayman Islands, and having a registered address at PO Box 309, Ugland House, Grand Cayman KY1-1104, Cayman Islands (“GF”), and Intermolecular, Inc., a Delaware corporation operating at 3011 North First Street, San Jose, California 95134 or designated Affiliate (“Intermolecular” or “IM”). GF and IM are sometimes referred to herein individually as a “party” and collectively as the “parties”.
ContractPurchase Agreement • July 29th, 2011 • Intermolecular Inc
[*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
ContractWorkflow Purchase Agreement • July 29th, 2011 • Intermolecular Inc
[*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
INTERMOLECULAR, INC. COMMON STOCK WARRANTCommon Stock Warrant • July 29th, 2011 • Intermolecular Inc • Delaware
Intermolecular, Inc. (the “Company”) hereby grants to the Holder set forth in Article I below (“Holder”), a warrant (a “Warrant”) to purchase the number of shares of the Company’s Common Stock (“Shares”) set forth below, subject to the terms and conditions of this Warrant, including the terms of the Notice attached hereto as Exhibit A.
INDEMNIFICATION AGREEMENTIndemnification Agreement • July 29th, 2011 • Intermolecular Inc • Delaware
This Indemnification Agreement (the “Agreement”) is made as of June , 2011, by and between Intermolecular, Inc., a Delaware corporation (the “Company”), and (the “Indemnitee”).
Wets Workflow Purchase AgreementWorkflow Purchase Agreement • July 29th, 2011 • Intermolecular Inc • New York
This Wets Workflow Purchase Agreement (the “Agreement”), effective as of July 13, 2007, or, if left blank, the last date of signature by a party hereto (the “Effective Date”), is made by and between Advanced Technology Materials, Inc., with a principal place of business at 7 Commerce Drive, Danbury, CT 06810 (“ATMI”), and Intermolecular, Inc., with a principal place of business at 2865 Zanker Road, San Jose, California 95134 (“IM”). ATMI and IM are sometimes referred to herein individually as a “party” and collectively as the “parties.”
INTERMOLECULAR, INC.2004 Equity Incentive Plan • July 29th, 2011 • Intermolecular Inc • Delaware
Intermolecular, Inc. (the “Company”), pursuant to its 2004 Equity Incentive Plan, as may be amended from time to time (the “Plan”), hereby grants to Optionee listed below (“Optionee”), an option to purchase the number of shares of the Company’s Common Stock set forth below, subject to the terms and conditions of the Plan and this Stock Option Agreement. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Stock Option Agreement.
INTERMOLECULAR, INC. FOURTH AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT MARCH 4, 2011Investor Rights Agreement • July 29th, 2011 • Intermolecular Inc • California
This Fourth Amended and Restated Investor Rights Agreement (this “Agreement”) is made as of March 4, 2011, among Intermolecular, Inc., a Delaware corporation (the “Company”), and the stockholders listed on Exhibit A hereto as the same may be amended pursuant to Section 4.10 herein (individually an “Investor” and collectively the “Investors”).
LEASE AGREEMENT BETWEEN NOVELLUS SYSTEMS, INC., AS LANDLORD, AND INTERMOLECULAR, INC., AS TENANT DATED MAY 11, 2010 SAN JOSE, CALIFORNIALease Agreement • July 29th, 2011 • Intermolecular Inc • California
Premises: The “Premises”, containing for purposes of this Lease approximately 146,159 rentable square feet, are located at 3011 North 1st Street, San Jose, California, are outlined on the plan attached to this Lease as Exhibit A and consist of the real property, together with a building comprised of five (5) office/research, warehouse, manufacturing and laboratory areas (collectively, the “Building” and each an “Area”), designated as “Area A”, comprising approximately 19,816 rentable square feet, “Area B”, comprising approximately 23,597 rentable square feet, “Area B2”, comprising approximately 28,142 rentable square feet, “Area C”, comprising approximately 22,790 rentable square feet, and “Area D”, comprising approximately 45,814 rentable square feet, and the hallways between and among them comprising approximately 6,000 rentable square feet, and the driveways, parking facilities, loading dock areas, roadways, any rail tracks associated with the Building and all other improvements loc
COLLABORATIVE DEVELOPMENT PROGRAM AGREEMENTCollaborative Development Program Agreement • July 29th, 2011 • Intermolecular Inc • California
This [*]COLLABORATIVE DEVELOPMENT PROGRAM AGREEMENT (“Agreement”) is made as of March 15, 2010 (“Effective Date”) by and among TOSHIBA CORPORATION doing business at 1-1, Shibaura 1-chome, Minato-ku, Tokyo 105-8001, Japan (together with its Affiliates, “Toshiba”), SANDISK CORPORATION doing business at 601 McCarthy Boulevard, Milpitas, CA 95035 USA (together with its Affiliates, “SanDisk”), and INTERMOLECULAR, INC. doing business at 2865 Zanker Road, San Jose, CA 95134 USA (together with its Affiliates, “Intermolecular”). Toshiba, SanDisk and Intermolecular shall be referred to herein individually as a party or collectively as the parties.
