PACIFIC BUSINESS FUNDING A MEMBER OF THE GREATER BAY BANCORP FAMILY 20195 Stevens Creek Boulevard · Suite #220 · Cupertino, California 95014 Tel. (408) 255-9300 · Fax (408) 255-9313 EXPORT-IMPORT BANK FACTORING AGREEMENTFactoring Agreement • August 15th, 2003 • Southwall Technologies Inc /De/ • Unsupported plastics film & sheet • California
This Export-Import Bank Factoring Agreement (the "Exim Agreement"), dated as of May 16, 2003, is entered into by and between Southwall Technologies Inc., a Delaware corporation ("Seller") having its principal place of business and chief executive office at the address set forth on Schedule 1 attached hereto, and Pacific Business Funding, a division of Cupertino National Bank ("Purchaser") having an office at the address identified above.
ContractDomestic Factoring Agreement • August 15th, 2003 • Southwall Technologies Inc /De/ • Unsupported plastics film & sheet
This Amendment to the Domestic Factoring Agreement (the " Domestic Amendment") is entered into as of June 16, 2003 (the "Amendment Date"), by and among PACIFIC BUSINESS FUNDING, a division of Cupertino National Bank ("Purchaser"), and Southwall Technologies, Inc. ("Seller").
PACIFIC BUSINESS FUNDING A MEMBER OF THE GREATER BAY BANCORP FAMILY 20195 Stevens Creek Boulevard · Suite #220 · Cupertino, California 95014 Tel. (408) 255-9300 · Fax (408) 255-9313 DOMESTIC FACTORING AGREEMENTDomestic Factoring Agreement • August 15th, 2003 • Southwall Technologies Inc /De/ • Unsupported plastics film & sheet • California
This Domestic Factoring Agreement (the "Domestic Agreement"), dated as of May 16, 2003, is entered into by and between Southwall Technologies Inc., a Delaware corporation ("Seller") having its principal place of business and chief executive office at the address set forth on Schedule 1 attached hereto, and Pacific Business Funding, a division of Cupertino National Bank ("Purchaser") having an office at the address identified above.
MANUFACTURING AND SUPPLY AGREEMENTManufacturing and Supply Agreement • August 15th, 2003 • Southwall Technologies Inc /De/ • Unsupported plastics film & sheet • New York
This Agreement is made and entered into between Mitsui Chemicals, Inc., having a place of business at Kasumigaseki Building, 3-2-5 Kasumigaseki, Chiyoda-ku, Tokyo 100-6070, Japan (hereinafter referred to as "MITSUI") and Southwall Technologies Inc., having a place of business at 3975 East Bayshore Road, Palo Alto, California 94303, U.S.A. (hereinafter referred to as "SOUTHWALL"), with respect to the manufacture and supply by SOUTHWALL of certain multi-layered sputter film products for MITSUI.
Export-Import Bank of the United States Working Capital Guarantee Program Borrower AgreementBorrower Agreement • August 15th, 2003 • Southwall Technologies Inc /De/ • Unsupported plastics film & sheet
THIS BORROWER AGREEMENT (this "Agreement") is made and entered into by the entity identified as Borrower on the signature page hereof ("Borrower") in favor of the Export-Import Bank of the United States ("Ex-Im Bank") and the institution identified as Lender on the signature page hereof ("Lender").
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • August 15th, 2003 • Southwall Technologies Inc /De/ • Unsupported plastics film & sheet • California
This Intellectual Property Security Agreement (the "Agreement") is made as of May 16, 2003, by and between SOUTHWALL TECHNOLOGIES, INC., a Delaware corporation ("Grantor"), and PACIFIC BUSINESS FUNDING, a division of Cupertino National Bank, a Federal chartered bank ("Secured Party").
ContractExport-Import Bank Factoring Agreement • August 15th, 2003 • Southwall Technologies Inc /De/ • Unsupported plastics film & sheet
This Amendment to the Export-Import Bank Factoring Agreement (the " Domestic Amendment") is entered into as of June 16, 2003 (the "Amendment Date"), by and among PACIFIC BUSINESS FUNDING, a division of Cupertino National Bank ("Purchaser"), and Southwall Technologies, Inc. ("Seller").
