EXHIBIT 10.36
COMERICA BANK
000 Xxxxxxx Xxxxxxx
Xxx Xxxx, Xxxxxxxxxx 00000
December 24, 2003
Asyst Technologies, Inc.
00000 Xxxx Xxxx
Xxxxxxx, XX 00000
Attn. Mr. Xxxxx Xxxxx
Chief Financial Officer
Re: Loan and Security Agreement
Dear Xx. Xxxxx:
Reference is made to that certain Loan and Security Agreement, dated as of
October 1, 2002, as amended (the "Agreement") between Asyst Technologies, Inc.
("Borrower") and Comerica Bank, as successor by merger to Comerica
Bank-California ("Bank"). Borrower has requested that Bank waive Section 6.7(a)
(Maximum Net Loss) of the Agreement for the period ending December 31, 2003.
Subject to Borrower's execution and delivery to Bank of this letter, Bank hereby
waives Section 6.7(a) of the Agreement but only as to the period ending December
31, 2003.
In consideration of the foregoing waiver, Borrower hereby agrees that Bank
shall have no obligation to make any further Advances or other extensions of
credit under the Agreement until such time as Borrower and Bank shall have
entered into an amendment agreement amending the Agreement on mutually
satisfactory terms, including an agreement by Bank to make further advances
under the Agreement.
Comerica Bank
/s/ Xxxxxx X. Xxxxx
--------------------------------------
Name: Xxxxxx X. Xxxxx
Title: First Vice President & Manager
Accepted and Agreed:
Asyst Technologies, Inc.
/s/ XXXXX X. XXXXX
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Name: Xxxxx Xxxxx
Title: Chief Financial Officer
