AUTHORIZED SIGNATURE ------------------------------------------------ AMERICAN BANK NOTE COMPANY DEC 10, 1997 fm 3504 ATLANTIC AVENUE SUITE 12 053699fc LONG BEACH, CA 90807 (562) 989-2333 (FAX) (562) 426-7450 270-19x Proof X REV 3...MKS Instruments Inc • January 15th, 1998 • Industrial instruments for measurement, display, and control
EXHIBIT 10.35 FIRST AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 13th, 2002 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts
EXHIBIT 10.1 MKS INSTRUMENTS, INC. Performance Stock Agreement Granted Under the Second Restated 1995 Stock Incentive Plan AGREEMENT made this ____ day of___ ____, between MKS Instruments, Inc., a Massachusetts corporation (the "Company"), and ______...Agreement • August 5th, 2005 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts
EXHIBIT 1 AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • October 11th, 2000 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Delaware
1 EXHIBIT 10.20 MKS INSTRUMENTS, INC. SECOND AMENDMENT TO FIRST AMENDED AND RESTATED LOAN AGREEMENT This Second Amendment (the "Amendment") dated as of January 1, 2001 concerns the First Amended and Restated Loan Agreement dated as of January 1, 2000...Loan Agreement • April 2nd, 2001 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts
WITNESSETHLease Agreement • December 22nd, 1997 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts
1 Exhibit 10.28 FIRST AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • March 30th, 2000 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts
EXHIBIT 1.1 MKS INSTRUMENTS, INC. (a Massachusetts corporation) 4,000,000 Shares of Common Stock PURCHASE AGREEMENT Dated: January 14, 2004 MKS INSTRUMENTS, INC. (a Massachusetts corporation) 4,000,000 Shares of Common Stock (No Par Value Per Share)...MKS Instruments Inc • January 15th, 2004 • Industrial instruments for measurement, display, and control • New York
1 EXHIBIT 10.26 CONTRIBUTION AGREEMENT This CONTRIBUTION AGREEMENT (the "Agreement") is entered into as of March 18, 1999 between MKS INSTRUMENTS, INC., a Massachusetts corporation (the "Parent"), and the persons listed on SCHEDULE A attached hereto...Contribution Agreement • March 23rd, 1999 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts
Exhibit 10.38 MKS INSTRUMENTS, INC. NINTH AMENDMENT TO LOAN AGREEMENT This Ninth Amendment (the "Amendment") dated as of July 31, 2001 concerns the Loan Agreement dated as of October 31, 1995 (the "Loan Agreement"), between MKS Instruments, Inc. (the...Loan Agreement • November 14th, 2001 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts
Exhibit 10.25 MKS INSTRUMENTS, INC. CONSENT, WAIVER AND FIRST AMENDMENT TO CREDIT AGREEMENT This Consent, Waiver and First Amendment (the"Amendment") dated as of January 28, 2002 concerns the Credit Agreement dated as of July 31, 2001 (the "Credit...Credit Agreement • April 1st, 2002 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts
2 3 Section 3. Termination. This Agreement shall terminate upon the earliest to occur of (i) the Effective Time (as such term is defined in the Merger Agreement) or (ii) any termination of the Merger Agreement in accordance with the terms thereof;...Stockholder Agreement • October 11th, 2000 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Delaware
1 Exhibit 10.11 MKS INSTRUMENTS, INC. TENTH AMENDMENT TO LOAN AGREEMENT This Tenth Amendment (the "Amendment") dated as of January 1, 2000 concerns the Loan Agreement dated as of November 1, 1993 (the "Loan Agreement"), between MKS Instruments, Inc....Loan Agreement • March 30th, 2000 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts
by and among MKS INSTRUMENTS, INC., as Borrower,Credit Agreement • November 14th, 2001 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts
STANDARD FORM OF INDUSTRIAL LEASE (SEMI-GROSS)MKS Instruments Inc • January 28th, 1999 • Industrial instruments for measurement, display, and control
Exhibit 10.26 MKS INSTRUMENTS, INC. CONSENT, WAIVER AND TENTH AMENDMENT TO LOAN AGREEMENT This Consent, Waiver and Tenth Amendment (the "Amendment") dated as of January 28, 2002 concerns the Loan Agreement dated as of October 31, 1995 (the "Loan...Loan Agreement • April 1st, 2002 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts
STANDARD FORM OF INDUSTRIAL LEASE (SEMI-GROSS)MKS Instruments Inc • November 14th, 1997
Exhibit 10.12 MKS INSTRUMENTS, INC. Performance Based Restricted Stock Unit Agreement Granted Under the 2004 Stock Incentive Plan AGREEMENT made this __day of ____ 20__ (the "Grant Date"), between MKS Instruments, Inc., a Massachusetts corporation...MKS Instruments Inc • February 28th, 2007 • Industrial instruments for measurement, display, and control • Massachusetts
II. TERMLease Agreement • November 13th, 2000 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Colorado
3- 4 or defeat the rights of the Owner in and to the Policy. The collateral assignment of the Policy to the Corporation hereunder shall not be terminated, altered, or amended by the Owner while this Agreement is in effect. The parties hereto agree to...Split-Dollar Agreement • December 22nd, 1997 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts
EXHIBIT 10.8 EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT dated as of July 30, 2004 ("Employment Agreement"), by and between MKS Instruments, Inc., a Massachusetts Corporation (the "Corporation"), and Robert L. Klimm, of Wolfeboro, NH (the "Employee")....Employment Agreement • August 9th, 2004 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts
MKS INSTRUMENTS, INC. 2,000,000 Shares of Common Stock Underwriting AgreementMKS Instruments Inc • June 5th, 2023 • Industrial instruments for measurement, display, and control • New York
The selling stockholders named in Schedule 2 hereto (the “Selling Stockholders”), each a stockholder of MKS Instruments, Inc., a Massachusetts corporation (the “Company”), propose to sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 2,000,000 shares of common stock, with no par value, of the Company (collectively, the “Shares”). The outstanding shares of common stock of the Company are referred to herein as the “Common Stock”. To the extent there are no additional Underwriters listed on Schedule 1 other than you, the term “Representatives” as used herein shall mean you, as Underwriter, and the terms Representatives and Underwriters shall mean either the singular or plural as the context requires.
1 Exhibit 1.1 NATIONSBANC MONTGOMERY SECURITIES LLC FORM UNDERWRITING AGREEMENT Execution Copy 6,500,000 Shares MKS Instruments, Inc.Underwriting Agreement • March 23rd, 1999 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • New York
1 3 to completion (each, a "preliminary prospectus") dated [___] (such preliminary prospectus is called the "Rule 434 preliminary prospectus"), together with the applicable term sheet (the "Term Sheet") prepared and filed by the Company with the...Underwriting Agreement • November 14th, 1997 • MKS Instruments Inc • New York
Exhibit 10.11 MKS INSTRUMENTS, INC. Restricted Stock Unit Agreement Annual Grant to Non-Employee Directors Under the 2004 Stock Incentive Plan AGREEMENT made this __ day of _____ 20__ (the "Grant Date"), between MKS Instruments, Inc., a Massachusetts...Restricted Stock Unit Agreement • February 28th, 2007 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts
1 Exhibit 1.1 NATIONSBANC MONTGOMERY SECURITIES LLC FORM UNDERWRITING AGREEMENT Draft of January 26, 1999 [Execution Copy] 6,500,000 Shares MKS Instruments, Inc.Underwriting Agreement • March 15th, 1999 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • New York
AGREEMENT AND PLAN OF MERGER among MKS INSTRUMENTS, INC., EAS EQUIPMENT, INC. and ELECTRO SCIENTIFIC INDUSTRIES, INC. Dated as of October 29, 2018Agreement and Plan of Merger • October 30th, 2018 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Delaware
AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of October 29, 2018, between MKS Instruments, Inc., a Massachusetts corporation (“Parent”), EAS Equipment, Inc., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and Electro Scientific Industries, Inc., an Oregon corporation (the “Company”).
1 EXHIBIT 10.7 AMENDED & RESTATED EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT dated December 15, 1995 (the "Employment Agreement") by and between MKS Instruments, Inc., a Massachusetts Corporation (the "Corporation"), and Ronald Weigner of Sudbury, MA...Employment Agreement • December 22nd, 1997 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts
1 EXHIBIT 10.14 REVOLVING CREDIT NOTEMKS Instruments Inc • December 22nd, 1997 • Industrial instruments for measurement, display, and control
EXHIBIT 10.5 MKS INSTRUMENTS, INC. NONSTATUTORY STOCK OPTION AGREEMENT GRANTED UNDER THE SECOND RESTATED 1995 STOCK INCENTIVE PLAN ----------------------------------------------------------- 1) Grant of Option. --------------- This agreement evidences...Nonstatutory Stock Option Agreement • August 9th, 2004 • MKS Instruments Inc • Industrial instruments for measurement, display, and control
1 EXHIBIT 10.17 Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. COMPREHENSIVE SUPPLIER AGREEMENT #982812 This Agreement dated October 23,1998 is by and between Applied...Nondisclosure Agreement • March 15th, 1999 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • California
1 EXHIBIT 10.15 REVOLVING CREDIT NOTEMKS Instruments Inc • December 22nd, 1997 • Industrial instruments for measurement, display, and control
Exhibit 10.28 OPTIONAL ADVANCE DEMAND GRID NOTEMKS Instruments Inc • March 16th, 2006 • Industrial instruments for measurement, display, and control
FOR VALUE RECEIVED, MKS INSTRUMENTS, INC., a Massachusetts corporation, with an office at 90 Industrial Way, Wilmington, Massachusetts, and MKS JAPAN, INC., a Japanese corporation, with an office at Harmonize Bldg., 5-17-13, Narita-Higashi, Suginami-Ku, Tokyo, Japan (collectively, the "Borrower"), jointly and severally promise to pay to HSBC BANK USA, NATIONAL ASSOCIATION ("Bank"), or order, on demand, at its 17 South Broadway office in Nyack, New York, United States of America, the aggregate unpaid principal amount of all advances made by the Bank to the Borrower from time to time (each an "Advance" and collectively the "Advances") as evidenced by the inscriptions made on the Schedule attached hereto ("Schedule"), together with interest thereon at a per annum rate as provided herein. The aggregate amount of all advances outstanding hereunder shall not at any time exceed $35,000,000.
AMENDMENT NO. 7 TO TERM LOAN CREDIT AGREEMENT dated as of May 6, 2021, among MKS INSTRUMENTS, INC., as the Borrower, the other Loan Parties party hereto, the Lenders party hereto, and BARCLAYS BANK PLC, as Administrative AgentTerm Loan Credit Agreement • May 10th, 2021 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • New York
This AMENDMENT NO. 7 TO TERM LOAN CREDIT AGREEMENT, dated as of May 6, 2021 (this “Agreement”), by and among MKS Instruments, Inc., a Massachusetts corporation (the “Borrower”), the other Loan Parties party hereto, Barclays Bank PLC, as the administrative agent (in such capacity, the “Administrative Agent”) under the Credit Agreement referred to below, and each Lender party hereto.
MKS INSTRUMENTS, INC. Restricted Stock Unit Agreement Granted Under the 2014 Stock Incentive PlanRestricted Stock Unit Agreement • February 26th, 2019 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts
AGREEMENT made «Grant Date» (the “Grant Date”), between MKS Instruments, Inc., a Massachusetts corporation (the “Company”), and «Participant Name» (the “Participant”).
