0001072613-10-000664 Sample Contracts

Export-Import Bank of the United States Working Capital Guarantee Program Borrower Agreement
Borrower Agreement • June 30th, 2010 • Nexx Systems Inc • Semiconductors & related devices

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”).

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June 25, 2010
Export Revolving Loan Agreement • June 30th, 2010 • Nexx Systems Inc • Semiconductors & related devices
Contract
Warrant Agreement • June 30th, 2010 • Nexx Systems Inc • Semiconductors & related devices • California

THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, PLEDGED OR OTHERWISE TRANSFERRED WITHOUT AN EFFECTIVE REGISTRATION THEREOF UNDER SUCH ACT OR PURSUANT TO RULE 144 OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE CORPORATION AND ITS COUNSEL THAT SUCH REGISTRATION IS NOT REQUIRED.

SECURITY AGREEMENT
Security Agreement • June 30th, 2010 • Nexx Systems Inc • Semiconductors & related devices • California

This Security Agreement dated June 25, 2010, is made by Nexx Systems, Inc., a Delaware corporation (“Debtor” and/or “Borrower”) to Comerica Bank (“Bank”), whose address is 39200 Six Mile Road, Livonia, Michigan 48152, Attention: Commercial Loan Documentation, Mail Code 7578.

CREDIT AGREEMENT
Credit Agreement • June 30th, 2010 • Nexx Systems Inc • Semiconductors & related devices • California

This Credit Agreement dated as of June 25, 2010, (“Effective Date”) is made by and between Nexx Systems, Inc., a Delaware corporation (“Borrower”) and Comerica Bank, a Texas banking association (“Bank”).

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