LOAN AND SECURITY AGREEMENT This LOAN AND SECURITY AGREEMENT (this "Agreement") dated __________, 1999, between SILICON VALLEY BANK , a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054...Loan and Security Agreement • December 15th, 1999 • LTX Corp • Instruments for meas & testing of electricity & elec signals • California
R E C I T A L STermination Agreement • March 12th, 2002 • LTX Corp • Instruments for meas & testing of electricity & elec signals • Massachusetts
EXHIBIT 10.M.I FOURTH AMENDMENT TO LEASE This FOURTH AMENDMENT TO LEASE ("Amendment") entered into as of September 1, 1999, by and between FRANCIS J. PERRY, JR., FRANCIS J. PERRY III, AND WILLIAM J. WALKER, JR. AS TRUSTEES OF ROSEMONT TRUST ("Trust")...Lease • March 15th, 2000 • LTX Corp • Instruments for meas & testing of electricity & elec signals
and STATE STREET BANK AND TRUST COMPANY as Trustee INDENTURE Dated as ofIndenture • October 23rd, 2001 • LTX Corp • Instruments for meas & testing of electricity & elec signals • New York
2,500,000 Shares LTX CORPORATION COMMON STOCK, $.05 PAR VALUE UNDERWRITING AGREEMENT ---------------------- April __, 2000Underwriting Agreement • March 15th, 2000 • LTX Corp • Instruments for meas & testing of electricity & elec signals • New York
EXHIBIT 10(EE) CREDIT AGREEMENTCredit Agreement • June 1st, 2001 • LTX Corp • Instruments for meas & testing of electricity & elec signals • Massachusetts
Exhibit 10.(u) AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Agreement") dated as of July 24, 2002, between SILICON VALLEY BANK, a California chartered bank, with its principal place of...Loan and Security Agreement • October 29th, 2002 • LTX Corp • Instruments for meas & testing of electricity & elec signals • Washington
EXHIBIT 10(DD) THIRD LOAN MODIFICATION AGREEMENT This Third Loan Modification Agreement (this "Loan Modification Agreement") is entered into as of April 21, 2001, by and between SILICON VALLEY BANK , a California-chartered bank, with its principal...Loan Modification Agreement • June 1st, 2001 • LTX Corp • Instruments for meas & testing of electricity & elec signals
EXHIBIT 1.1 4,700,000 Shares LTX CORPORATION COMMON STOCK, $.05 PAR VALUE UNDERWRITING AGREEMENT ---------------------- October __, 1999 ------- --------Underwriting Agreement • September 28th, 1999 • LTX Corp • Instruments for meas & testing of electricity & elec signals • New York
AGREEMENT AND PLAN OF MERGER by and among UNIC CAPITAL MANAGEMENT CO., LTD., CHINA INTEGRATED CIRCUIT INDUSTRY INVESTMENT FUND CO., LTD., and XCERRA CORPORATION Dated as of April 7, 2017Merger Agreement • April 10th, 2017 • Xcerra Corp • Instruments for meas & testing of electricity & elec signals • Massachusetts
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of April 7, 2017 by and among Unic Capital Management Co., Ltd. ( ), a Chinese company (“Parent”), China Integrated Circuit Industry Investment Fund Co., Ltd. ( ), a Chinese company (“Sponsor”), and Xcerra Corporation, a Massachusetts corporation (the “Company”).
15,500,000 Shares LTX-Credence Corporation Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • March 3rd, 2010 • LTX-Credence Corp • Instruments for meas & testing of electricity & elec signals • New York
LTX-Credence Corporation, a Massachusetts corporation (the “Company”), proposes to sell 15,500,000 shares (the “Firm Stock”) of the Company’s common stock, par value $0.05 per share (the “Common Stock”). In addition, the Company proposes to grant to the underwriters (the “Underwriters”) named in Schedule 1 attached to this agreement (this “Agreement”) an option to purchase up to 2,325,000 additional shares of the Common Stock on the terms set forth in Section 2 (the “Option Stock”). The Firm Stock and the Option Stock, if purchased, are hereinafter collectively called the “Stock.” This is to confirm the agreement concerning the purchase of the Stock from the Company by the Underwriters.
1 SECOND AMENDMENT TO CREDIT AGREEMENT THIS SECOND AMENDMENT TO CREDIT AGREEMENT effective as of this 29th day of April, 1998, by and between LTX CORPORATION, a Massachusetts corporation (the "Company") and BANKBOSTON, N.A. ("BKB"), a national banking...Credit Agreement • June 12th, 1998 • LTX Corp • Instruments for meas & testing of electricity & elec signals
andRights Agreement • May 3rd, 1999 • LTX Corp • Instruments for meas & testing of electricity & elec signals • Massachusetts
CHANGE-OF-CONTROL EMPLOYMENT AGREEMENT AGREEMENT by and between LTX Corporation, a Massachusetts corporation (the "Company") and _______________________________ (the "Executive"), dated as of the ___ day of _______, 1998. The Board of Directors of the...Change of Control Employment Agreement • March 17th, 1998 • LTX Corp • Instruments for meas & testing of electricity & elec signals • Ohio
EXHIBIT 10X EMPLOYMENT AGREEMENT This Agreement (the "Agreement") made and entered into to be effective on the 1st day of January, 1997, by and between LTX Corporation, a corporation duly organized and existing under Massachusetts law, having a...Employment Agreement • October 29th, 1997 • LTX Corp • Instruments for meas & testing of electricity & elec signals • Massachusetts
FIRST AMENDMENT TO CREDIT AGREEMENT ----------------------------------- THIS FIRST AMENDMENT TO CREDIT AGREEMENT effective as of the 30th day of January, 1998, by and among LTX CORPORATION, a Massachusetts corporation (the "Borrower"), BANKBOSTON,...Credit Agreement • March 17th, 1998 • LTX Corp • Instruments for meas & testing of electricity & elec signals
Borrower: Lender: LTX Corporation Ando Electric Co., Ltd. By: _____________________________ By: _____________________________ Name: Roger W. Blethen Name: Masao Motohashi Title: President and Chief Executive Title: President Officer EXHIBIT A FORM OF NOTELoan Agreement • March 17th, 1999 • LTX Corp • Instruments for meas & testing of electricity & elec signals • Massachusetts
AMENDMENT NO. 1 TO RIGHTS AGREEMENTRights Agreement • February 14th, 2003 • LTX Corp • Instruments for meas & testing of electricity & elec signals
Exhibit 10(x) LOAN DOCUMENT MODIFICATION AGREEMENT ------------------------------------ (No. 2; dated as of December 4, 1995) ------------------------------------- LOAN DOCUMENT MODIFICATION AGREEMENT dated as of December 4, 1995 by and between LTX...Loan Document Modification Agreement • October 18th, 1996 • LTX Corp • Instruments for meas & testing of electricity & elec signals • Massachusetts
7,000,000 Shares LTX CORPORATION COMMON STOCK, PAR VALUE $0.05 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • February 13th, 2004 • LTX Corp • Instruments for meas & testing of electricity & elec signals • New York
LTX Corporation, a Massachusetts corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) 7,000,000 shares of its Common Stock, par value $0.05 per share (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than an additional 1,050,000 shares of its Common Stock, par value $0.05 per share (the “Additional Shares”), if and to the extent that you, as Managers of the offering, shall have determined to exercise, on behalf of the Underwriters, the right to purchase such shares of common stock granted to the Underwriters in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares.” The shares of Common Stock, par value $0.05 per share, of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the “Common Stock.”
AGREEMENT AND PLAN OF MERGER by and among COHU, INC., XAVIER ACQUISITION CORPORATION, and XCERRA CORPORATION Dated as of May 7, 2018Merger Agreement • May 8th, 2018 • Xcerra Corp • Instruments for meas & testing of electricity & elec signals • New York
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of May 7, 2018 by and among Cohu, Inc., a Delaware corporation (“Parent”), Xavier Acquisition Corporation, a Delaware corporation (“Merger Sub”), and Xcerra Corporation, a Massachusetts corporation (the “Company”).
INDENTURE between LTX-CREDENCE CORPORATION and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. as Trustee 3.5% Convertible Senior Subordinated Notes due 2011 Dated as of May 26, 2009Indenture • May 26th, 2009 • LTX-Credence Corp • Instruments for meas & testing of electricity & elec signals • New York
THIS INDENTURE, dated as of May 26, 2009, is between LTX-CREDENCE CORPORATION, a Massachusetts corporation (the “Company”), and The Bank of New York Mellon Trust Company, N.A., a national banking association, as trustee (the “Trustee”). The Company has duly authorized the creation of its 3.5% Convertible Senior Subordinated Notes due 2011 (the “Convertible Notes”), and to provide therefor the Company and the Trustee have duly authorized the execution and delivery of this Indenture. Each party agrees as follows for the benefit of the other party and for the equal and ratable benefit of the holders from time to time of the Convertible Notes:
ContractExhibit • November 10th, 2009 • LTX-Credence Corp • Instruments for meas & testing of electricity & elec signals • New York
UNLESS AND UNTIL IT IS EXCHANGED IN WHOLE OR IN PART FOR SECURITIES IN DEFINITIVE REGISTERED FORM, THIS SECURITY MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE DEPOSITARY TO A NOMINEE OF THE DEPOSITARY OR BY A NOMINEE OF THE DEPOSITARY TO THE DEPOSITARY OR ANOTHER NOMINEE OF THE DEPOSITARY OR BY THE DEPOSITARY OR ANY SUCH NOMINEE TO A SUCCESSOR DEPOSITARY OR A NOMINEE OF SUCH SUCCESSOR DEPOSITARY. UNLESS THIS SECURITY IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION (“DTC”), TO THE COMPANY OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY SECURITY ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNE
ContractSecurity Transfer Agreement • November 10th, 2009 • LTX-Credence Corp • Instruments for meas & testing of electricity & elec signals • New York
UNLESS AND UNTIL IT IS EXCHANGED IN WHOLE OR IN PART FOR SECURITIES IN DEFINITIVE REGISTERED FORM, THIS SECURITY MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE DEPOSITARY TO A NOMINEE OF THE DEPOSITARY OR BY A NOMINEE OF THE DEPOSITARY TO THE DEPOSITARY OR ANOTHER NOMINEE OF THE DEPOSITARY OR BY THE DEPOSITARY OR ANY SUCH NOMINEE TO A SUCCESSOR DEPOSITARY OR A NOMINEE OF SUCH SUCCESSOR DEPOSITARY. UNLESS THIS SECURITY IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION (“DTC”), TO THE COMPANY OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY SECURITY ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNE
LTX STOCKHOLDER VOTING AGREEMENTStockholder Voting Agreement • June 23rd, 2008 • LTX Corp • Instruments for meas & testing of electricity & elec signals • Massachusetts
THIS STOCKHOLDER VOTING AGREEMENT (this “Agreement”) is made and entered into as of June 20, 2008, by and among Credence Systems Corporation, a Delaware corporation (“Credence”), LTX Corporation, a Massachusetts corporation (“LTX”) (only with respect to Section 2(b) hereof), and the undersigned stockholder (“Stockholder”) of LTX.
AS ISSUER, ANDRegistration Rights Agreement • October 23rd, 2001 • LTX Corp • Instruments for meas & testing of electricity & elec signals • New York
25,000,000 SENIOR SECURED TERM LOAN FACILITY CREDIT AGREEMENT dated as of December 15, 2014, among XCERRA CORPORATION AND EVERETT CHARLES TECHNOLOGIES LLC as the Borrower, THE SEVERAL LENDERS FROM TIME TO TIME PARTIES HERETO, and SILICON VALLEY BANK,...Credit Agreement • December 19th, 2014 • Xcerra Corp • Instruments for meas & testing of electricity & elec signals • New York
THIS CREDIT AGREEMENT (this “Agreement”), dated as of December 15, 2014, is entered into by and among XCERRA CORPORATION, a Massachusetts corporation (“Xcerra”), and EVERETT CHARLES TECHNOLOGIES LLC, a Delaware limited liability company (“ECT” and collectively with Xcerra, the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (each a “Lender” and, collectively, the “Lenders”), and SILICON VALLEY BANK (“SVB”), as administrative agent and collateral agent for the Lenders (in such capacity, the “Administrative Agent”).
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • May 2nd, 2014 • LTX-Credence Corp • Instruments for meas & testing of electricity & elec signals
This Executive Employment Agreement (this “Agreement”) is made and entered into by and between LTX-Credence corporation (“LTXC” or “Company”), and David G. Tacelli (“Employee”), effective as of April 29, 2014 (the “Effective Date”).
LTX CORPORATION Restricted Stock Unit Agreement Granted Under 2004 Stock PlanRestricted Stock Unit Agreement • March 13th, 2006 • LTX Corp • Instruments for meas & testing of electricity & elec signals • Massachusetts
TERMINATION AGREEMENTTermination Agreement • February 22nd, 2018 • Xcerra Corp • Instruments for meas & testing of electricity & elec signals • Massachusetts
THIS TERMINATION AGREEMENT (this “Agreement”), dated as of February 22, 2018, is entered into by and among Hubei Xinyan Equity Investment Partnership (Limited Partnership) ( ( )), a Chinese limited partnership (“Parent”) and Xcerra Corporation, a Massachusetts corporation (the “Company”). Each of Parent and the Company are hereinafter referred to as a “Party” and collectively as the “Parties.” Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Merger Agreement (as defined below).
LTX-CREDENCE CORPORATION INDEMNIFICATION AGREEMENTIndemnification Agreement • December 12th, 2011 • LTX-Credence Corp • Instruments for meas & testing of electricity & elec signals • Massachusetts
This Agreement is made as of the day of , 2011, by and between LTX-Credence Corporation, a Massachusetts corporation (the “Corporation”), and (“Indemnitee”), a director or officer of the Corporation.
I. DEFINITIONSFusion Agreement • December 21st, 1998 • LTX Corp • Instruments for meas & testing of electricity & elec signals • Massachusetts
EXCHANGE AGREEMENTExchange Agreement • March 27th, 2009 • LTX-Credence Corp • Instruments for meas & testing of electricity & elec signals
This Exchange Agreement (this “Agreement”) is made and entered into as of this [—] day of [—], 2009, by and among the Holders of Outstanding Notes (as defined below) named in Schedule 1 hereto (each a “Holder” and collectively, the “Holders”) and LTX-Credence Corporation, a Massachusetts corporation (the “Company”).
THIRD LOAN MODIFICATION AGREEMENTLoan Modification Agreement • October 12th, 2004 • LTX Corp • Instruments for meas & testing of electricity & elec signals
This Third Loan Modification Agreement (this “Loan Modification Agreement’) is entered into as of , 2003, by and between SILICON VALLEY BANK, a California-chartered bank, 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, doing business under the name “Silicon Valley East” (“Bank”) and LTX CORPORATION, a Massachusetts corporation with its chief executive office located at LTX Park at University Avenue, Westwood, Massachusetts 02090 (“Borrower”).
Employment AgreementEmployment Agreement • May 2nd, 2014 • LTX-Credence Corp • Instruments for meas & testing of electricity & elec signals
the registered office of which is located at 60 rue des Berges, Miniparc Polytec, Bâtiment Tramontane, 38000 Grenoble, registered with the Commercial Registry of Grenoble under the number 323 859 074.
