andRights Agreement • June 15th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • New York
1 Exhibit - 10.2 FORM OF INDEMNIFICATION AGREEMENT This Agreement, made this _____ day of __________, _____, by and between Axcelis Technologies, Inc., a Delaware corporation (the "Company"), and ____________________, ____________________...Indemnification Agreement • June 15th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Delaware
Exhibit 4.2 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 15th, 2002 • Axcelis Technologies Inc • Special industry machinery, nec • New York
1 Exhibit 2.9 PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • June 15th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec
To STATE STREET BANK AND TRUST COMPANY, as Trustee INDENTURE Dated as ofIndenture • January 15th, 2002 • Axcelis Technologies Inc • Special industry machinery, nec • New York
Exhibit 10.4 EMPLOYMENT AGREEMENT The parties to this Agreement are AXCELIS TECHNOLOGIES, INC., a Delaware corporation (the "Company"), and BRIAN R. BACHMAN, an individual residing in the State of Ohio (the "Executive"). The Executive and the Company...Employment Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Massachusetts
andRights Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • New York
Exhibit 10.5 EMPLOYMENT AGREEMENT The parties to this Agreement are AXCELIS TECHNOLOGIES, INC., a Delaware corporation (the "Company"), and MARY G. PUMA, an individual residing in the Commonwealth of Massachusetts (the "Executive"). The Executive and...Employment Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Massachusetts
WITNESSETH:Trademark License Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Ohio
AXCELIS TECHNOLOGIES, INC. COMMON STOCKUnderwriting Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • New York
1 EXHIBIT 2.6 TRANSITIONAL SERVICES AGREEMENTTransitional Services Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Ohio
BETWEENEmployee Matters Agreement • June 15th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Ohio
WITNESSETH:Master License Agreement • July 7th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec
EXHIBIT 10.14 AXCELIS TECHNOLOGIES, INC. EXECUTIVE OFFICER CASH COMPENSATION AT MARCH 1, 2005 BASE SALARIES AND BONUS OPPORTUNITIES. Other than in the case of Mary G. Puma, Axcelis Technologies, Inc. (the "Company") has not entered into any written...Executive Compensation Agreement • March 15th, 2005 • Axcelis Technologies Inc • Special industry machinery, nec
BASE SALARIES AND BONUS OPPORTUNITIES. Other than in the case of Mary G. Puma, Axcelis Technologies, Inc. (the "Company") has not entered into any written agreements with its executive officers addressing the amount of base salary or bonus opportunity due to the executive. The Company's Employment Agreement with Ms. Puma is filed as Exhibit 10.8 to this Form 10-K (incorporated by reference to Exhibit 10.5 to the Company's Registration Statement on Form S-1 (Registration No. 333-36330)). The Company maintains that all executive officers, other than Ms. Puma, are employees at will and that the Company has no obligation to pay base salary or bonuses, other than amounts accrued for services rendered prior to termination of employment and other than in circumstances where the Change of Control Agreements described below are applicable.
Axcelis Technologies, Inc. and , as TrusteeIndenture • November 25th, 2013 • Axcelis Technologies Inc • Special industry machinery, nec • New York
EXHIBIT 2.5 TAX SHARING AND INDEMNIFICATION AGREEMENT, dated as of June 30, 2000Tax Sharing and Indemnification Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Ohio
REGISTRATION RIGHTS AGREEMENT by and between AXCELIS TECHNOLOGIES, INC., as Issuer, and QUANTUM PARTNERS LDC, as Purchaser Dated as of May 2, 2006Registration Rights Agreement • May 4th, 2006 • Axcelis Technologies Inc • Special industry machinery, nec • New York
REGISTRATION RIGHTS AGREEMENT dated as of May 2, 2006 by and between Axcelis Technologies, Inc., a Delaware corporation (the “Company”), and Quantum Partners LDC, a Cayman Islands limited duration company (the “Purchaser”), pursuant to the Exchange and Purchase Agreement dated May 2, 2006 (the “Purchase Agreement”), between the Company and the Purchaser. In order to induce the Purchaser to enter into the Purchase Agreement, the Company has agreed to provide the registration rights set forth in this Agreement. The execution of this Agreement is a condition to the closing under the Purchase Agreement.
EXHIBIT 2.1 MASTER SEPARATION AND DISTRIBUTION AGREEMENTMaster Separation and Distribution Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Ohio
RECITALSGeneral Assignment and Assumption Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec
CHANGE OF CONTROL AGREEMENTChange of Control Agreement • August 7th, 2012 • Axcelis Technologies Inc • Special industry machinery, nec • Massachusetts
AGREEMENT by and between AXCELIS TECHNOLOGIES, INC., a Delaware corporation (the “Company”), and (the “Executive”), dated as of the day of , 20 .
EXHIBIT 2.7 REAL ESTATE MATTERS AGREEMENTReal Estate Matters Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Ohio
GUARANTEE AND COLLATERAL AGREEMENT Dated as of July 31, 2020 made by AXCELIS TECHNOLOGIES, INC. and the other Grantors referred to herein, in favor of SILICON VALLEY BANK, as Administrative AgentGuarantee and Collateral Agreement • November 6th, 2020 • Axcelis Technologies Inc • Special industry machinery, nec • New York
This GUARANTEE AND COLLATERAL AGREEMENT (this “Agreement”), dated as of July 31, 2020, is made by the signatory hereto (together with any other entity that may become a party hereto as provided herein, each a “Grantor” and, collectively, the “Grantors”), in favor of SILICON VALLEY BANK, as administrative agent and collateral agent (together with its successors, in such capacities, the “Administrative Agent”) for the banks and other financial institutions or entities (each a “Lender” and, collectively, the “Lenders”) from time to time parties to that certain Credit Agreement, dated as of the date hereof (as amended, amended and restated, supplemented, restructured or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), among AXCELIS TECHNOLOGIES, INC., a Delaware corporation (the “Borrower”), the Lenders party thereto and the Administrative Agent.
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 8th, 2013 • Axcelis Technologies Inc • Special industry machinery, nec • Delaware
This LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as the Effective Date between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 (“Bank”), and AXCELIS TECHNOLOGIES, INC., a Delaware corporation with offices located at 108 Cherry Hill Drive, Beverly, Massachusetts 01915 (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
Exhibit 10.6 ORGANIZATION AGREEMENT THIS AGREEMENT made as of the 3rd day of December, 1982, by and between EATON CORPORATION, a corporation organized and existing under the laws of the State of Ohio, United States of America, having its principal...Organization Agreement • June 30th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Ohio
AXCELIS TECHNOLOGIES, INC. CHANGE IN CONTROL SEVERANCE AGREEMENTChange in Control Severance Agreement • March 14th, 2017 • Axcelis Technologies Inc • Special industry machinery, nec • Massachusetts
WHEREAS, the Company considers the establishment and maintenance of a sound and vital management to be essential to protecting and enhancing the best interests of the Company and its stockholders; and
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 12th, 2010 • Axcelis Technologies Inc • Special industry machinery, nec • Delaware
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”), and AXCELIS TECHNOLOGIES, INC. and AXCELIS TECHNOLOGIES CCS CORPORATION, each a Delaware corporation with offices located at 108 Cherry Hill Drive, Beverly, Massachusetts 01915 (individually and collectively, jointly and severally “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. This Agreement amends and restates in its entirety that certain Loan and Security Agreement dated as of April 23, 2008 by and among Borrower and Bank. The parties agree as follows:
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 12th, 2008 • Axcelis Technologies Inc • Special industry machinery, nec • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date between SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”), and AXCELIS TECHNOLOGIES, INC. and AXCELIS TECHNOLOGIES CCS CORPORATION, each a Delaware corporation with offices located at 108 Cherry Hill Drive, Beverly, Massachusetts 01915 (individually and collectively, jointly and severally “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
EXHIBIT 10.4 CHANGE OF CONTROL AGREEMENT AGREEMENT by and between AXCELIS TECHNOLOGIES, INC., a Delaware corporation (the "Company"), and ______________ (the "Executive"), dated as of the ___ day of _______, 200_. The Board of Directors of the Company...Change of Control Agreement • March 15th, 2005 • Axcelis Technologies Inc • Special industry machinery, nec • Massachusetts
SENIOR SECURED CREDIT FACILITIES CREDIT AGREEMENT dated as of July 31, 2020, among AXCELIS TECHNOLOGIES, INC., as the Borrower, THE SEVERAL LENDERS FROM TIME TO TIME PARTY HERETO, and SILICON VALLEY BANK, as Administrative Agent, Issuing Lender and...Credit Agreement • November 6th, 2020 • Axcelis Technologies Inc • Special industry machinery, nec • New York
THIS CREDIT AGREEMENT (this “Agreement”), dated as of July 31, 2020, is entered into by and among AXCELIS TECHNOLOGIES, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time party to this Agreement (each a “Lender” and, collectively, the “Lenders”), SILICON VALLEY BANK (“SVB”), as the Issuing Lender and the Swingline Lender, and SVB, as administrative agent and collateral agent for the Lenders (in such capacities, together with any successors and assigns in such capacities, the “Administrative Agent”).
FORM OF CHANGE OF CONTROL AGREEMENTChange of Control Agreement • June 15th, 2000 • Axcelis Technologies Inc • Special industry machinery, nec • Massachusetts
AXCELIS TECHNOLOGIES, INC. EXECUTIVE SEPARATION AGREEMENTExecutive Separation Agreement • August 2nd, 2013 • Axcelis Technologies Inc • Special industry machinery, nec • Massachusetts
THIS EXECUTIVE SEPARATION AGREEMENT, dated as of July 17, 2013, is made by and between Axcelis Technologies, Inc. (hereinafter referred to as the “Company”) and Jay Zager (hereinafter referred to as “Executive”). In consideration of the mutual covenants contained herein, the parties agree as follows:
NOMINATION AND STANDSTILL AGREEMENTNomination and Standstill Agreement • March 6th, 2015 • Axcelis Technologies Inc • Special industry machinery, nec • Delaware
This Nomination and Standstill Agreement, dated March 5, 2015 (this “Agreement”), is by and among Axcelis Technologies, Inc. (the “Company”) and the entities and natural persons listed on Exhibit A hereto and their respective Affiliates (collectively, “Vertex”) (each of the Company and Vertex, a “Party” to this Agreement, and collectively, the “Parties”).
Axcelis Technologies, Inc. and [ ], as Trustee INDENTURE Dated as of [ , ]Indenture • August 3rd, 2023 • Axcelis Technologies Inc • Special industry machinery, nec • New York
AXCELIS TECHNOLOGIES, INC. EXECUTIVE SEPARATION PAY AGREEMENTExecutive Separation Pay Agreement • March 11th, 2015 • Axcelis Technologies Inc • Special industry machinery, nec • Massachusetts
THIS EXECUTIVE SEPARATION PAY AGREEMENT, dated as of , 2015, is made by and between Axcelis Technologies, Inc. (the “Company”) and (the “Executive”).
AXCELIS TECHNOLOGIES, INC. EXECUTIVE SEPARATION AGREEMENTExecutive Separation Agreement • March 17th, 2008 • Axcelis Technologies Inc • Special industry machinery, nec • Massachusetts
THIS EXECUTIVE SEPARATION AGREEMENT, dated as of October 18, 2007, is made by and between Axcelis Technologies, Inc. (hereinafter referred to as the "Company") and Mark J. Namaroff (hereinafter referred to as "Executive"). In consideration of the mutual covenants contained herein, the parties agree as follows:
