Mattson Technology Inc Sample Contracts

BY AND AMONG
Merger Agreement • July 6th, 2000 • Mattson Technology Inc • Special industry machinery, nec • Delaware
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SUBLEASE
Sublease • May 14th, 2003 • Mattson Technology Inc • Special industry machinery, nec • California
MATTSON TECHNOLOGY, INC. AND MELLON INVESTOR SERVICES, LLC as Rights Agent RIGHTS AGREEMENT Dated as of July 28, 2005
Rights Agreement • August 2nd, 2005 • Mattson Technology Inc • Special industry machinery, nec • New York

This Rights Agreement (“Rights Agreement”), is dated as of July 28, 2005, between Mattson Technology, Inc., a Delaware corporation (the “Company”), and Mellon Investor Services, LLC, a New Jersey limited liability company, as rights agent (the “Rights Agent”).

FIRST AMENDMENT TO STOCK AND ASSET PURCHASE AGREEMENT FOR WET PRODUCTS DIVISION
Stock and Asset Purchase Agreement • April 1st, 2003 • Mattson Technology Inc • Special industry machinery, nec
UNDERWRITING AGREEMENT
Underwriting Agreement • February 14th, 2014 • Mattson Technology Inc • Special industry machinery, nec • New York
RECITALS
Merger Agreement • August 6th, 1998 • Mattson Technology Inc • Special industry machinery, nec • California
AGREEMENT AND PLAN OF MERGER BY AND AMONG BEIJING E-TOWN DRAGON SEMICONDUCTOR INDUSTRY INVESTMENT CENTER (LIMITED PARTNERSHIP), DRAGON ACQUISITION SUB, INC. AND MATTSON TECHNOLOGY, INC. DATED AS OF DECEMBER 1, 2015
Merger Agreement • December 2nd, 2015 • Mattson Technology Inc • Special industry machinery, nec • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of December 1, 2015 by and among Beijing E-town Dragon Semiconductor Industry Investment Center (Limited Partnership), a PRC limited partnership (“Parent”), Dragon Acquisition Sub, Inc., a Delaware corporation and a wholly-owned (direct or indirect) subsidiary of Parent (“Acquisition Sub”), and Mattson Technology, a Delaware corporation (the “Company”).

RECITALS
Voting Agreement • July 6th, 2000 • Mattson Technology Inc • Special industry machinery, nec • Delaware
COMMON STOCK ($0.001 PAR VALUE PER SHARE)
Underwriting Agreement • January 28th, 2000 • Mattson Technology Inc • Special industry machinery, nec • New York
EXECUTION VERSION $25,000,000 SENIOR SECURED CREDIT FACILITIES CREDIT AGREEMENT dated as of April 12, 2013, among MATTSON TECHNOLOGY, INC. as the Borrower, THE SEVERAL LENDERS FROM TIME TO TIME PARTIES HERETO, and SILICON VALLEY BANK,
Credit Agreement • May 9th, 2013 • Mattson Technology Inc • Special industry machinery, nec • California

THIS CREDIT AGREEMENT (this “Agreement”), dated as of April 12, 2013, is entered into by and among MATTSON TECHNOLOGY, INC., a Delaware corporation (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”), SILICON VALLEY BANK, as the Issuing Lender, and SILICON VALLEY BANK (“SVB”), as administrative agent and collateral agent for the Lenders (in such capacity, the “Administrative Agent”).

RECITALS
Stockholder Agreement • April 1st, 2002 • Mattson Technology Inc • Special industry machinery, nec
FORM OF SUBSCRIPTION AGREEMENT
Subscription Agreement • October 11th, 2013 • Mattson Technology Inc • Special industry machinery, nec • New York

The undersigned (the “Investor”) hereby confirms its agreement with Mattson Technology, Inc., a Delaware corporation (the “Company”), as follows:

ARTICLE 1 REFERENCE
Industrial Space Lease • May 14th, 2003 • Mattson Technology Inc • Special industry machinery, nec • California
SIGNATURE PAGE TO REGISTRATION RIGHTS AGREEMENT] 6
Registration Rights Agreement • May 6th, 1999 • Mattson Technology Inc • Special industry machinery, nec • California
FORM OF SUBSCRIPTION AGREEMENT
Subscription Agreement • July 21st, 2010 • Mattson Technology Inc • Special industry machinery, nec • New York

This Subscription Agreement, including the Terms and Conditions for Purchase of Units attached hereto as Annex I (collectively, this "Agreement") is made as of the date set forth below between the Company and the Investor.

MATTSON TECHNOLOGY, INC. AND MELLON INVESTOR SERVICES, LLC as Rights Agent RIGHTS AGREEMENT Dated as of July 28, 2005
Rights Agreement • August 22nd, 2005 • Mattson Technology Inc • Special industry machinery, nec • New York

This Rights Agreement (“Rights Agreement”), is dated as of July 28, 2005, between Mattson Technology, Inc., a Delaware corporation (the “Company”), and Mellon Investor Services, LLC, a New Jersey limited liability company, as rights agent (the “Rights Agent”).

RECITALS
Stock Option Agreement • July 6th, 2000 • Mattson Technology Inc • Special industry machinery, nec • Delaware
INDEMNITY AGREEMENT
Indemnity Agreement • June 10th, 2010 • Mattson Technology Inc • Special industry machinery, nec • Delaware

THIS INDEMNITY AGREEMENT (this "Agreement") is made as of ________________, by and between Mattson Technology, Inc., a Delaware corporation (the "Company"), and ______________ ("Indemnitee").

EXECUTIVE CHANGE OF CONTROL AGREEMENT
Executive Change of Control Agreement • November 5th, 2014 • Mattson Technology Inc • Special industry machinery, nec • California

THIS EXECUTIVE CHANGE OF CONTROL AGREEMENT (this "Agreement") is dated as of October 31, 2014 (the "Effective Date"), by and between Mattson Technology, Inc., (the "Company"), and Tyler Purvis (the "Executive").

EXHIBIT 2.5 STOCK AND ASSET PURCHASE AGREEMENT FOR WET PRODUCTS DIVISION
Stock and Asset Purchase Agreement • April 1st, 2003 • Mattson Technology Inc • Special industry machinery, nec • Delaware
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EXECUTIVE CHANGE OF CONTROL AGREEMENT
Executive Change of Control Agreement • August 9th, 2013 • Mattson Technology Inc • Special industry machinery, nec • California

THIS EXECUTNE CHANGE OF CONTROL AGREEMENT (this "Agreement") is dated as of March 4 2013 (the "Effective Date"), by and between Mattson Technology, Inc., (the "Company"), and Hoang H. Hoang (the "Executive").

FORM OF RESTRICTED STOCK UNITS AGREEMENT
Restricted Stock Units Agreement • May 9th, 2008 • Mattson Technology Inc • Special industry machinery, nec • California

This Restricted Stock Units Agreement (the "Agreement") is made and entered into on ____________ (the "Date of Grant"), pursuant to the Mattson Technology, Inc. 2005 Equity Incentive Plan, as amended (the "Plan"). The Committee administering the Plan has selected the party specified on the execution page hereof (the "Participant") to receive the following award (the "Award") of Restricted Stock Units, each of which represents the right to receive on the applicable Settlement Date one (1) share of the Common Stock ("Stock") of Mattson Technology, Inc., a Delaware corporation (the "Company"), on the terms and conditions set forth below to which Participant accepts and agrees:

SEVERANCE AND EXECUTIVE CHANGE OF CONTROL AGREEMENT
Severance and Executive Change of Control Agreement • January 6th, 2012 • Mattson Technology Inc • Special industry machinery, nec • California

THIS SEVERANCE AND EXECUTIVE CHANGE OF CONTROL AGREEMENT (this "Agreement") is dated as of January 4, 2012 (the "Effective Date"), by and between Mattson Technology, Inc., (the "Company"), and J. Michael Dodson (the "Executive").

AMENDMENT No. 2 TO RIGHTS AGREEMENT
Rights Agreement • August 1st, 2008 • Mattson Technology Inc • Special industry machinery, nec

This AMENDMENT No. 2 TO RIGHTS AGREEMENT (the "Amendment") is entered into as of the 14th day of July, 2008, between Mattson Technology, Inc., a Delaware corporation (the "Company"), and Mellon Investor Services, LLC, a New Jersey limited liability company, as rights agent (the "Rights Agent"). Capitalized terms not defined herein shall have the meanings given them in the Rights Agreements (as defined below).

MATTSON TECHNOLOGY, INC. 7,500,000 Shares of Common Stock Underwriting Agreement
Underwriting Agreement • February 10th, 2004 • Mattson Technology Inc • Special industry machinery, nec • New York

Mattson Technology, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 2 hereto (the “Underwriters”), for whom you are acting as Representatives (the “Representatives”), an aggregate of 3,750,000 shares of Common Stock, par value $0.001 per share (the “Common Stock”), of the Company (the “Primary Shares”) and the stockholder of the Company named in Schedule 3 hereto (the “Selling Stockholder”) proposes to sell to the Underwriters an aggregate of 3,750,000 shares of Common Stock (the “Secondary Shares”). The aggregate of the Primary Shares and the Secondary Shares is herein referred to as the “Underwritten Shares”. The Company also proposes to issue and sell, at the option of the Underwriters, up to an additional 562,500 shares of Common Stock (the “Primary Option Shares”) and the Selling Stockholder proposes to sell, at the option of the Underwriters, up to an additional 562,500 shares of Common Stock (the “Secondary

RECITALS --------
Stock and Asset Purchase Agreement • March 15th, 2004 • Mattson Technology Inc • Special industry machinery, nec
SEVERANCE AND EXECUTIVE CHANGE OF CONTROL AGREEMENT
Severance and Executive Change of Control Agreement • October 31st, 2008 • Mattson Technology Inc • Special industry machinery, nec • California

THIS SEVERANCE AND EXECUTIVE CHANGE OF CONTROL AGREEMENT (this "Agreement") is dated as of September 22, 2008 (the "Effective Date"), by and between Mattson Technology, Inc., (the "Company"), and David Dutton (the "Executive").

RECITALS
Strategic Business Combination Agreement • April 1st, 2002 • Mattson Technology Inc • Special industry machinery, nec
FIRST LEASE AMENDMENT
Lease Amendment • January 13th, 2016 • Mattson Technology Inc • Special industry machinery, nec

This First Lease Amendment (this “Amendment”) is dated as of January 7, 2016 (the “Execution Date”), by and between SIR PROPERTIES TRUST, a Maryland real estate investment trust (“Landlord”), and MATTSON TECHNOLOGY, INC., a Delaware corporation (“Tenant”).

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