0001047469-05-022095 Sample Contracts

FORM OF INDEMNITY AGREEMENT

Indemnity Agreement • August 26th, 2005 • New Athletics, Inc. • Special industry machinery, nec • Delaware

• Contract Type
  Indemnity Agreement
• Filed
  August 26th, 2005
• Company
  New Athletics, Inc.
• Industry
  Special industry machinery, nec
• Jurisdiction
  Delaware

This Indemnity Agreement (“Agreement”) is made as of •, 2005 by and between NEW ATHLETICS, INC., a Delaware corporation (the “Company”), and • (“Indemnitee”).

AVIZA TECHNOLOGY, INC. SERIES B PREFERRED STOCK PURCHASE AGREEMENT March 11, 2005

Preferred Stock Purchase Agreement • August 26th, 2005 • New Athletics, Inc. • Special industry machinery, nec • California

• Contract Type
  Preferred Stock Purchase Agreement
• Filed
  August 26th, 2005
• Company
  New Athletics, Inc.
• Industry
  Special industry machinery, nec
• Jurisdiction
  California

This Series B Preferred Stock Purchase Agreement (this “Agreement”) is made as of March 11, 2005 by and among Aviza Technology, Inc., a Delaware corporation (the “Company”) and the investors listed on Exhibit A hereto (each a “Purchaser” and together the “Purchasers”).