LEASE between CUSHING 2000 TRUST, as Lessor, and LAM RESEARCH CORPORATION, as Lessee Dated as of December 6, 2000Lease • February 7th, 2001 • Lam Research Corp • Special industry machinery, nec • New York
This Lease is subject to a security interest in favor of The Bank of Nova Scotia as agent (the "Agent"), under a Credit Agreement, dated as of December 6, 2000. This Lease has been executed in several counterparts. To the extent, if any, that this Lease constitutes chattel paper (as such term is defined in the Uniform Commercial Code of the States of California or New York, as applicable), no security interest in this Lease may be created through the transfer or possession of any counterpart other than the original counterpart containing the receipt therefor executed by the Agent on the signature page hereof.
PARTICIPATION AGREEMENTParticipation Agreement • February 7th, 2001 • Lam Research Corp • Special industry machinery, nec • New York
This Participation Agreement, dated as of December 6, 2000 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, this "Agreement"), is by and among Lam Research Corporation, a Delaware corporation (the "Lessee" or the "Guarantor"); the Cushing 2000 Trust, a Delaware business trust (the "Trust," "Borrower" or "Lessor"); Wilmington Trust Company, a banking corporation organized under the laws of the State of Delaware ("Wilmington Trust Company"); Wilmington Trust FSB, a federal savings bank (together with Wilmington Trust Company, the "Trust Companies"); Scotiabanc Inc., a Delaware corporation, and the various banks and other lending institutions which are parties hereto from time to time as holders of certificates issued with respect to the Cushing 2000 Trust (subject to the definition of Holders in Annex A hereto, individually, a "Holder" and collectively, the "Holders"); The Bank of Nova Scotia and the various banks and other lending institutions w
