iii) 5 CREDIT AGREEMENT dated as of July 6, 2000 among:Credit Agreement • September 6th, 2000 • Asm International N V • Special industry machinery, nec • New York
Exhibit 4.16 ASM INTERNATIONAL N.V. Principal Amount 5% Convertible Subordinated Notes due November 15, 2005 Purchase Agreement November 14, 2001 CIBC WORLD MARKETS CORP. 5% Convertible Subordinated Notes due November 15, 2005 of ASM INTERNATIONAL...Purchase Agreement • May 10th, 2002 • Asm International N V • Special industry machinery, nec
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in order to induce the Lender to make Loans to the Borrower pursuant to the Credit Agreement, the Grantor agrees, for the benefit of...Security Agreement • September 6th, 2000 • Asm International N V • Special industry machinery, nec
2- 3 In the event the option with respect to the Option Shares is exercised in whole or in part on one or more occasions, delivery by the Company of the Option Shares to the Representatives for the respective accounts of the Underwriters and payment...Underwriting Agreement • March 14th, 2000 • Asm International N V • Special industry machinery, nec • New York
BY AND AMONGRegistration Rights Agreement • December 9th, 2004 • Asm International N V • Special industry machinery, nec • New York
2- 3 IN WITNESS WHEREOF, the Grantor has caused this Security Agreement to be duly executed and delivered by its officer thereunto duly authorized as of the date first above written. ADVANCED SEMICONDUCTOR MATERIALS (NETHERLANDS ANTILLES) N.V. as...Security Agreement • March 9th, 2001 • Asm International N V • Special industry machinery, nec • New York
US$65,000,000 REGISTRATION RIGHTS AGREEMENT JULY 2, 2002 CANADIAN IMPERIAL HOLDINGS INC. AS INVESTORRegistration Rights Agreement • July 3rd, 2002 • Asm International N V • Special industry machinery, nec • New York
Exhibit 4.17 ASM INTERNATIONAL N.V. 5.25% CONVERTIBLE SUBORDINATED NOTES DUE 2010 SUBSCRIPTION AGREEMENT April 28, 2003Subscription Agreement • July 25th, 2003 • Asm International N V • Special industry machinery, nec • New York
2 3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed and delivered as of the day and year first above written.Registration Rights Agreement • March 9th, 2001 • Asm International N V • Special industry machinery, nec • New York
ASM INTERNATIONAL N.V., AS ISSUER CITIBANK, N.A., A NATIONAL BANKING ASSOCIATION, AS TRUSTEE INDENTUREIndenture • May 10th, 2002 • Asm International N V • Special industry machinery, nec • New York
AS ISSUER ANDRegistration Rights Agreement • July 25th, 2003 • Asm International N V • Special industry machinery, nec • New York
US$65,000,000 EQUITY LINE FINANCING AGREEMENT JULY 2, 2002 CANADIAN IMPERIAL HOLDINGS INC. AS INVESTOREquity Line Financing Agreement • July 3rd, 2002 • Asm International N V • Special industry machinery, nec • New York
2 3 2.07 Reservation of Common Stock. Section 6.2(a) of the Agreement shall be amended in its entirety to read as follows:Equity Line Financing Agreement • March 9th, 2001 • Asm International N V • Special industry machinery, nec • New York
Notarization Required] MASTER SALE AND PURCHASE AGREEMENT by and between Siemens Aktiengesellschaft with its business address at Wittelsbacherplatz 2, 80333 Munich, Germany – herein “Seller” – and ASM Pacific Technology Ltd. with its business address...Master Sale and Purchase Agreement • March 25th, 2011 • Asm International N V • Special industry machinery, nec
Confidential portions of this document have been omitted and filed separately with the Commission pursuant to a request for confidential treatment. AMENDED AND RESTATED SETTLEMENT AGREEMENTSettlement Agreement • March 16th, 2007 • Asm International N V • Special industry machinery, nec • California
This Amended and Restated Settlement Agreement (AGREEMENT), dated as of December 16, 1998, amends and restates that certain Settlement Agreement (the ORIGINAL SETTLEMENT AGREEMENT) dated October 31, 1997 by and among: (1) ASM International N.V., (ASMI) a corporation organized and existing under the laws of The Netherlands, ASM America, Inc., (ASMA) a corporation organized and existing under the laws of the State of Delaware, Epsilon Technology, Inc., dba ASM Epitaxy (EPSILON), a corporation subsequently merged into ASMA, and (2) Applied Materials, Inc. (AMAT), a corporation organized and existing under the laws of the State of Delaware.
Material elements employment contract Mr. C.D. del Prado (effective as from 1 March 2008)Employment Agreement • May 20th, 2008 • Asm International N V • Special industry machinery, nec
Mr. del Prado has been appointed as managing director for 4 years as from 18 May 2006; he is CEO since 1 March 2008. Mr. del Prado’s employment contract is for an indefinite period of time, with a gross base salary per annum of Euro 500,000 (as per 1 March 2008) and notice periods for Mr. del Prado and ASM International of 6 and 12 months respectively.
AGREEMENT AND PLAN OF MERGER BY AND AMONG ASM INTERNATIONAL N.V. WALNUT MERGER CORPORATION AND NUTOOL, INC. DATED AS OF FEBRUARY 29, 2004Merger Agreement • September 10th, 2004 • Asm International N V • Special industry machinery, nec • Delaware
THIS AGREEMENT AND PLAN OF MERGER is made as of this 29th day of February, 2004 by and among ASM INTERNATIONAL N.V., a Netherlands public limited liability company (“ASM”), WALNUT MERGER CORPORATION (“Acquisition”), and NUTOOL, INC., (“NuTool”).
Financial Institution Confirmation of a Share Option TransactionConfirmation of a Share Option Transaction • September 10th, 2010 • Asm International N V • Special industry machinery, nec
Should an Early Termination Date arise in respect to which Counterparty is the Defaulting Party or the Affected Party, or otherwise should the Transaction for any reason be terminated or unwound prior to its scheduled Valuation Date at the instigation of Counterparty, Counterparty shall pay to Financial Institution on (a) such Early Termination Date or (b) in the absence of an Early Termination Date as such term is defined in the ISDA Form, the date upon which the relevant termination or unwind becomes effective (either such date the End Date) an amount equal to the present value as at the End Date as determined by the Calculation Agent of the Spread that would have become payable by the Counterparty to Financial Institution in respect of the period from and including that End Date up to and including the scheduled Valuation Date.
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • March 9th, 2001 • Asm International N V • Special industry machinery, nec • New York
Material elements employment contract Mr. P. van Bommel (effective as from 1 July 2010)Employment Agreement • March 25th, 2011 • Asm International N V • Special industry machinery, nec
Subject to approval of the Annual General Meeting of Shareholders on 20 May 2010 (the “2010 AGM”), Mr. van Bommel will be appointed as member of the management board with effect as of 1 July 2010 and he will be CFO as per 1 September 2010. Mr. van Bommel’s employment contract is a fixed term contract for 4 years until 1 July 2014 and he will be entitled to an annual base salary of Euro 360,000 gross. Notice periods of 3 months for Mr. van Bommel and 6 months for ASM International apply.
23 June 2010 SHARE PLEDGE AGREEMENT in respect of shares in ASM International N.V. MR. ARTHUR DEL PRADO as Pledgor FINANCIAL INSTITUTION as PledgeeShare Pledge Agreement • September 10th, 2010 • Asm International N V • Special industry machinery, nec • London
The Pledgor and the Pledgee have entered into Put Option Transactions (as defined below) under the ISDA 2002 Master Agreement. It is a requirement under the Put Option Transactions that the Pledgor pledges the Shares referred to below to the Pledgee.
Unofficial TranslationEmployment Agreement • April 17th, 2003 • Asm International N V • Special industry machinery, nec
In continuation of our recent conversations I do herewith confirm the agreement we reached concerning the start of your employment with ASM International N.V. as per January 1, 2001 in the capacity of Chief Financial Officer.
Financial Institution Confirmation of a Share Option TransactionConfirmation of a Share Option Transaction • September 10th, 2010 • Asm International N V • Special industry machinery, nec
The purpose of this letter agreement (this ‘Confirmation’) is to confirm the terms and conditions of the Transaction entered into between a certain financial institution (‘Financial Institution’) and ARTHUR DEL PRADO (the ‘Counterparty’) on the Trade Date specified below (the ‘Transaction’). This Confirmation constitutes a ‘Confirmation’ as referred to in the ISDA Master Agreement specified below, and supersedes all or any prior written or oral agreements in relation to the Transaction.
