Exhibit 10.6
AMENDMENT TO LOAN AGREEMENT
THIS AMENDMENT TO LOAN AGREEMENT dated as of February 3, 2001 is
entered between SILICON VALLEY BANK and BANK OF HAWAII, on the one side,
CYMER, INC. and CYMER JAPAN, INC., on the other side.
The Parties agree to amend the Loan Agreement between them, dated
December 8, 1997, as amended from time to time (the "Loan Agreement"), as
follows, effective as of the date hereof, unless otherwise stated below.
(Capitalized terms used but not defined in this Amendment, shall have the
meanings set forth in the Loan Agreement.)
1. REVISED DEFINITIONS. Section 1.1 of the Loan Agreement is
hereby amended by replacing the definition "Revolving Maturity DAte" with the
following:
""Revolving Maturity Date" means March 16, 2001, as such date may
from time to time be extended by lenders in their sole discretion
pursuant to this agreement."
2. MODIFICATION FEE. Borrower shall pay to the Lenders a fee
of $6,250 in connection herewith, which shall be in addition to interest and
to all other amounts payable under the Loan Agreement; such fee shall be
refundable to the Borrower if the Borrower enters into definitive loan
documents with the Lenders pursuant to the loan proposal dated January 31,
2001.
3. REPRESENTATIONS TRUE. Borrower represents and warrants to
Bank that all representations and warranties set forth in the Loan Agreement
are true and correct.
4. GENERAL PROVISIONS. This Amendment, the Loan Agreement, any
prior written amendments to the Loan Agreement signed by Bank and the
Borrower, and the other written documents and agreements between Bank and the
Borrower set forth in full all of the representations and agreements of the
parties with respect to the subject matter hereof and supersede all prior
discussions, representations, agreements and understandings between the
parties with respect to the subject hereof. Except as herein expressly
amended, all of the terms and provisions of the Loan Agreement, and all other
documents and agreements between Bank and the Borrower shall continue in full
force and effect and the same are hereby ratified and confirmed. This
Agreement and Consent may be executed in any number of counterparts, which
when taken together shall constitute one and the same agreement.
CYMER, INC. SILICON VALLEY BANK
BY /s/ Xxxxx X. Xxxxx By /s/ Xxxxxx Xxxxxxxxxx
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President or Vice President Title Vice President
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CYMER JAPAN, INC. BANK OF HAWAII
BY /s/ Xxxxxxx X. Xxxxx, III By /s/ Xxxx Xxxx
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Director Title Senior Vice President
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