AMENDMENT NO. 5 TO CREDIT AGREEMENTCredit Agreement • April 25th, 2006 • Aviza Technology, Inc. • Special industry machinery, nec • California
THIS AMENDMENT NO. 5 TO CREDIT AGREEMENT (“Amendment”) is dated as of March 31, 2006 and is entered into by and between AVIZA, INC., a Delaware corporation, formerly known as Aviza Technology, Inc. (the “Borrower”) and BANK OF AMERICA, N.A. (the “Lender”). All capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Credit Agreement (as hereinafter defined).
STOCK PURCHASE AGREEMENT BY AND BETWEEN AVIZA TECHNOLOGY, INC. AND CAISSE DE DÉPÔT ET PLACEMENT DU QUÉBEC APRIL 24, 2006Stock Purchase Agreement • April 25th, 2006 • Aviza Technology, Inc. • Special industry machinery, nec • California
THIS STOCK PURCHASE AGREEMENT, dated as of April 24, 2006 (this “Agreement”), is entered into by and between Aviza Technology, Inc., a Delaware corporation (the “Company”), and Caisse de dépôt et placement du Québec, a body organized under the laws of the Province of Québec (the “Investor”).
AMENDMENT TO SECOND AMENDED AND RESTATED STOCKHOLDER AGREEMENTStockholder Agreement • April 25th, 2006 • Aviza Technology, Inc. • Special industry machinery, nec • Delaware
This Amendment, dated as of April 24, 2006 (this “Amendment”), to the Second Amended and Restated Stockholder Agreement, dated as of October 18, 2005 (the “Agreement”), is entered into by and among Aviza Technology, Inc. (formerly, New Athletics, Inc.), a Delaware corporation (“Parent”), Trikon Technologies, Inc., a Delaware corporation (“Trikon”), and VantagePoint Venture Partners IV (Q), L.P., VantagePoint Venture Partners IV, L.P. and VantagePoint Venture Partners IV Principals Fund, L.P. (collectively, “VPVP”).
