MAXWELL TECHNOLOGIES, INC. EMPLOYMENT AGREEMENTEmployment Agreement • March 30th, 2004 • Maxwell Technologies Inc • Electronic computers • California
This Employment Agreement (the “Agreement”) is made as of this 22nd day of December, 2003, by and between MAXWELL TECHNOLOGIES, INC. a Delaware corporation, (“Company”) and Richard Smith, EVP of Maxwell Technologies (“Executive”). The parties agree with each other as follows:
Loan and Security AgreementSecurity Agreement • March 30th, 2004 • Maxwell Technologies Inc • Electronic computers • California
THIS LOAN AND SECURITY AGREEMENT is entered into on the above date between SILICON VALLEY BANK (“Silicon”), whose address is 3003 Tasman Drive, Santa Clara, California 95054 and the borrower(s) named above (jointly and severally, the “Borrower”), whose chief executive office is located at the above address (“Borrower’s Address”). The Schedule to this Agreement (the “Schedule”) shall for all purposes be deemed to be a part of this Agreement, and the same is an integral part of this Agreement. (Definitions of certain terms used in this Agreement are set forth in Section 8 below.)
EXPORT-IMPORT BANK OF THE UNITED STATES WORKING CAPITAL GUARANTEE PROGRAM BORROWER AGREEMENTBorrower Agreement • March 30th, 2004 • Maxwell Technologies Inc • Electronic computers
THIS BORROWER AGREEMENT (this “Agreement”) is made and entered into by the entity identified as Borrower on the signature page hereof (“Borrower”) in favor of the Export-Import Bank of the United States (“Ex-Im Bank”) and the institution identified as Lender on the signature page hereof (“Lender”).
INDEMNITY AGREEMENTIndemnity Agreement • March 30th, 2004 • Maxwell Technologies Inc • Electronic computers • Delaware
THIS INDEMNITY AGREEMENT (this “Agreement”) dated as of ________________, is made by and between Maxwell Technologies, Inc., a Delaware corporation (the “Company”), and ________________ (the “Indemnitee”).
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 30th, 2004 • Maxwell Technologies Inc • Electronic computers
This Fourth Amendment to Loan and Security Agreement is entered into as of July 2, 2002 (the “Amendment”), by and between COMERICA BANK-CALIFORNIA (“Bank”) and MAXWELL TECHNOLOGIES, INC., MAXWELL ELECTRONIC COMPONENTS GROUP, INC., I-BUS/PHOENIX, INC., PUREPULSE TECHNOLOGIES, INC., and MML ACQUISITION CORP. (individually, a “Borrower” and collectively, the “Borrowers”).
SEPARATION AGREEMENT AND GENERAL RELEASE OF ALL CLAIMSSeparation Agreement and General Release • March 30th, 2004 • Maxwell Technologies Inc • Electronic computers • California
This Separation Agreement and General Release of All Claims (“Agreement”) is made by and between James Baumker (“Employee”) on the one hand, and Maxwell Technologies, Inc. (“the Company”) on the other. (Collectively, Employee and the Company shall be referred to as “the Parties.”)
FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 30th, 2004 • Maxwell Technologies Inc • Electronic computers
This Fifth Amendment to Loan and Security Agreement is entered into as of August 13, 2002 (the “Amendment”), by and between COMERICA BANK-CALIFORNIA (“Bank”) and MAXWELL TECHNOLOGIES, INC., MAXWELL ELECTRONIC COMPONENTS GROUP, INC., I-BUS/PHOENIX, INC., PUREPULSE TECHNOLOGIES, INC., and MML ACQUISITION CORP. (individually, a “Borrower” and collectively, the “Borrowers”).
Amendment to Rights AgreementAmendment to Rights Agreement • March 30th, 2004 • Maxwell Technologies Inc • Electronic computers • New York
This Amendment to Rights Agreement (this “Amendment”), dated as of July [handwritten] 5, 2002, is entered into by Maxwell Technologies, Inc., a Delaware corporation (the “Company”), and Mellon Investor Services LLC (formerly ChaseMellon Shareholder Services, L.L.C.), a New Jersey limited liability company, as Rights Agent (the “Rights Agent”).
MAXWELL TECHNOLOGIES, INC. STOCK OPTION AGREEMENT UNDER 1995 STOCK OPTION PLANStock Option Agreement • March 30th, 2004 • Maxwell Technologies Inc • Electronic computers • California
THIS AGREEMENT, made and entered into as of May 19, 2003 by and between MAXWELL TECHNOLOGIES, INC., a Delaware corporation (the “Company”), and Kenneth Potashner (“Optionee”).
Schedule to Loan and Security Agreement (Exim Program)Loan and Security Agreement • March 30th, 2004 • Maxwell Technologies Inc • Electronic computers
This Schedule forms an integral part of the Loan and Security Agreement (Exim Program) between Silicon Valley Bank and the above-borrower of even date.
SVB SECURITIES LOGO] Securities Account Control AgreementControl Agreement • March 30th, 2004 • Maxwell Technologies Inc • Electronic computers • California
This Securities Account Control Agreement entered into as of the above date (this “Agreement”) is among SVB Securities, A Division of Alliant Partners (“SVBS”), Banc of America BrokerDealer Services, a division of Banc of America Securities LLC (“BA-BDS” or “Clearing Broker”), the Customer identified above (“Customer”), and the Creditor identified above (“Creditor”).
SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 30th, 2004 • Maxwell Technologies Inc • Electronic computers
This Seventh Amendment to Loan and Security Agreement is entered into as of June 30, 2003 (the “Amendment”), by and between COMERICA BANK, successor by merger to COMERICA BANK-CALIFORNIA (“Bank”) and MAXWELL TECHNOLOGIES, INC. (“Parent”) and MML ACQUISITION CORP. (individually, a “Borrower” and collectively, the “Borrowers”).
SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 30th, 2004 • Maxwell Technologies Inc • Electronic computers
This Sixth Amendment to Loan and Security Agreement is entered into as of October 31,2002 (the “Amendment”), by and between COMERICA BANK-CALIFORNIA (“Bank”) and MAXWELL TECHNOLOGIES, INC. (“ Parent”) and MML ACQUISITION CORP. (individually, a “Borrower” and collectively, the “Borrowers”).
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • March 30th, 2004 • Maxwell Technologies Inc • Electronic computers • California
This Intellectual Property Security Agreement is entered into as of February 4, 2004 by and between SILICON VALLEY BANK (“Secured Party”) and Maxwell Technologies, Inc. (“Grantor”).
