AMENDMENT NO. 1 TO TENDER AND SUPPORT AGREEMENTTender and Support Agreement • February 13th, 2007 • Therma Wave Inc • Industrial instruments for measurement, display, and control • Delaware
This AMENDMENT NO. 1 (this “Amendment”) dated as of February 7, 2007 by and among KLA Tencor Corporation, a Delaware corporation (“Parent”), Fenway Acquisition Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Subsidiary”), Therma-Wave, Inc., a Delaware corporation (the “Company”), and the parties listed on Annex I and Annex II (each, a “Securityholder”) to the Tender and Support Agreement dated as of January 7, 2006 by and among Parent, Merger Subsidiary, the Company and each Securityholder (the “Tender and Support Agreement”), hereby amends certain provisions of the Tender and Support Agreement. Any capitalized term that is used but not otherwise defined in this Amendment shall have the meaning given to that term in the Tender and Support Agreement.
