THERMA-WAVE, INC. CHANGE OF CONTROL SEVERANCE AGREEMENTChange of Control Severance Agreement • October 6th, 2005 • Therma Wave Inc • Industrial instruments for measurement, display, and control • California
This Change of Control Severance Agreement (the “Agreement”) is made and entered into effective as of October 5, 2005 (the “Effective Date”), by and between Jon L. Opsal (the “Employee”) and Therma-Wave, Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Section 1 below.
FIRST MODIFICATION TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 6th, 2005 • Therma Wave Inc • Industrial instruments for measurement, display, and control
This First Modification to Loan and Security Agreement (the “First Modification”) is entered into as of September 30, 2005 by and between Therma-Wave, Inc., a California corporation (“Borrower”) and Silicon Valley Bank, a California-chartered bank (“Bank”).
ContractTherma Wave Inc • October 6th, 2005 • Industrial instruments for measurement, display, and control • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
