COLLABORATIVE DEVELOPMENT PROGRAM AGREEMENTCollaborative Development Program Agreement • October 26th, 2011 • Intermolecular Inc • Semiconductors & related devices • California
This [*]COLLABORATIVE DEVELOPMENT PROGRAM AGREEMENT (“Agreement”) is made as of March 15, 2010 (“Effective Date”) by and among TOSHIBA CORPORATION doing business at 1-1, Shibaura 1-chome, Minato-ku, Tokyo 105-8001, Japan (together with its Affiliates, “Toshiba”), SANDISK CORPORATION doing business at 601 McCarthy Boulevard, Milpitas, CA 95035 USA (together with its Affiliates, “SanDisk”), and INTERMOLECULAR, INC. doing business at 2865 Zanker Road, San Jose, CA 95134 USA (together with its Affiliates, “Intermolecular”). Toshiba, SanDisk and Intermolecular shall be referred to herein individually as a party or collectively as the parties.
Dry Workflow Purchase AgreementDry Workflow Purchase Agreement • October 26th, 2011 • Intermolecular Inc • Semiconductors & related devices • New York
This Dry Workflow Purchase Agreement (“Agreement”), effective as of December 16, 2008, or, if 1eft blank, the last date of signature by a party hereto (“Effective Date”), is made by and between Advance Technology Materials. Inc., with a principal place of business at 7 Commerce Drive, Danbury, CT 06810 (“Customer”), and Intermolecular, Inc., with a principal place of business at 2865 Zanker Road, San Jose, CA 95134 (“IM”). Customer and IM are sometimes referred to herein individually as a ‘‘party” and collectively as the “parties.”
Wets Workflow Purchase AgreementWets Workflow Purchase Agreement • October 26th, 2011 • Intermolecular Inc • Semiconductors & related devices • New York
This Wets Workflow Purchase Agreement (the “Agreement”), effective as of July 13, 2007, or, if left blank, the last date of signature by a party hereto (the “Effective Date”), is made by and between Advanced Technology Materials, Inc., with a principal place of business at 7 Commerce Drive, Danbury, CT 06810 (“ATMI”), and Intermolecular, Inc., with a principal place of business at 2865 Zanker Road, San Jose, California 95134 (“IM”). ATMI and IM are sometimes referred to herein individually as a “party” and collectively as the “parties.”
ALLIANCE AGREEMENT ADVANCED TECHNOLOGY MATERIALS, INC. AND INTERMOLECULAR, INC.Alliance Agreement • October 26th, 2011 • Intermolecular Inc • Semiconductors & related devices • New York
This ALLIANCE AGREEMENT (the “Agreement”), effective as of November 17, 2006 (the “Effective Date”), is made by and between Advanced Technology Materials, Inc., with a principal place of business at 7 Commerce Drive, Danbury, CT 06810 (“ATMI”), and Intermolecular, Inc., with a principal place of business at 2865 Zanker Road, San Jose, California 95134 (“IM”). ATMI and IM are sometimes referred to herein individually as a “party” and collectively as the “parties.”
COMMON STOCK WARRANTCommon Stock Warrant • October 26th, 2011 • Intermolecular Inc • Semiconductors & related devices • California
THIS CERTIFIES THAT, for value received, [·] (“Holder”) shall be, subject to the provisions and upon the terms and conditions hereinafter set forth, at any time on or after the Exercise Date (as hereinafter defined) and on or prior to the close of business on the last day of the Exercise Period (as hereinafter defined), entitled to purchase up to the Warrant Amount (as hereinafter defined) of shares (the “Warrant Shares”) of common stock, par value $0.001 per share (the “Common Stock”) of Intermolecular, Inc., a Delaware corporation (the “Company”), at the Warrant Price (as hereinafter defined). This warrant is one of two warrants (each a “Warrant” and collectively the “Warrants”) being issued by the Company on the date hereof pursuant to Section 7 of the Collaborative Development Program Agreement (the “Agreement”) entered into as of the date hereof by and among the Company, Toshiba Corporation (together with its affiliates, “Toshiba”) and SanDisk Corporation (together with its affili
