Exhibit 10.55
AMENDMENT TO WARRANT AGREEMENT
This Amendment, dated as of June 1, 2001, is by and between
International Business Machines Corporation, a New York Corporation ("IBM"), and
IBIS Technology Corporation, Massachusetts corporation (the "COMPANY").
WHEREAS, IBM and the Company have executed a Warrant Agreement dated as
of December 15, 2000 ("WARRANT AGREEMENT"); and
WHEREAS, the parties desire to amend the Warrant Agreement as set forth
herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
Section 1. TERMS. Capitalized terms not otherwise defined herein have
the meanings ascribed thereto in the Warrant Agreement.
Section 2. AMENDMENT.
(a) Section 7(f) of the Warrant Agreement is deleted in its
entirety. Therefore, the words "Intentionally Omitted" shall be deemed inserted
in place of such provision.
Section 3. MISCELLANEOUS.
(a) The Warrant Agreement shall remain in full force and effect
in accordance with its terms except as amended or modified by this Amendment.
(b) This Amendment may be signed in any number of counterparts,
each of which shall be an original, with the same effect as if the signatures
thereto and hereto were upon the original instrument.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of
the date first written above.
INTERNATIONAL BUSINESS MACHINES
By: /s/ Xxxxxx Xxxxxxxxx
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Name: Xxxxxx Xxxxxxxxx
Title: Director, Corporate Development
IBIS Technology Corporation
By: /s/ Xxxxxx X. Xxxxxx
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Name: Xxxxx X. Xxxxxx
Title: Chief Financial Officer
