SECOND AMENDMENT TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • June 24th, 2011 • Tegal Corp /De/ • Special industry machinery, nec • California
THIS SECOND AMENDMENT TO ASSET PURCHASE AGREEMENT (this “Amendment”) is made and entered into as of June 21, 2011, and amends that certain Asset Purchase Agreement, dated as of March 19, 2010 as amended in April 2010 (the “Amended Agreement”), by and among Tegal Corporation, a Delaware corporation (“Tegal”), Sputtered Films, Inc., a California corporation and a wholly-owned subsidiary of Tegal (“SFI” and together with Tegal, “Sellers”), OEM Group Inc., an Arizona corporation (“OEM Group”), and OEG-TEG, LLC, an Arizona limited liability company (“Purchaser”) (each Seller, OEM Group and Purchaser, a “Party” and collectively, the “Parties”). All capitalized terms which are used but not otherwise defined herein shall have the meanings specified to such terms in the Original Agreement.
