0001104659-21-151696 Sample Contracts

LOAN AND SECURITY AGREEMENT dated as of December 16, 2021 among VEECO INSTRUMENTS INC., as Borrower, the Guarantors that are from time to time parties hereto, the Lenders that are from time to time parties hereto, HSBC BANK USA, NATIONAL ASSOCIATION,...

Loan and Security Agreement • December 20th, 2021 • Veeco Instruments Inc • Special industry machinery, nec • New York

• Contract Type
  Loan and Security Agreement
• Filed
  December 20th, 2021
• Company
  Veeco Instruments Inc
• Industry
  Special industry machinery, nec
• Jurisdiction
  New York

This Loan and Security Agreement is entered into as of December 16, 2021, by and among Veeco Instruments Inc., a Delaware corporation (“Borrower”), the Guarantors (as hereinafter defined) which are now or which hereafter become a party hereto, HSBC BANK USA, NATIONAL ASSOCIATION (“HSBC”) and the other financial institutions which are now or which hereafter become a party hereto (each, a “Lender” and collectively, the “Lenders”), HSBC, as administrative agent and collateral agent for the Lenders (in such capacities, the “Agent”), and HSBC, Barclays Bank PLC, Santander Bank, N.A. and CitiBank, N.A. as joint lead arrangers (in such capacity, the “Joint Lead Arrangers”) and joint bookrunners (in such capacity, the “Joint Bookrunners”).

Guaranty Dated as of December 16, 2021, made by THE GUARANTORS IDENTIFIED HEREIN in favor of HSBC BANK USA, NATIONAL ASSOCIATION, as Agent

Guaranty • December 20th, 2021 • Veeco Instruments Inc • Special industry machinery, nec • New York

• Contract Type
  Guaranty
• Filed
  December 20th, 2021
• Company
  Veeco Instruments Inc
• Industry
  Special industry machinery, nec
• Jurisdiction
  New York

This GUARANTY (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of December 16, 2021, is made by the Guarantors (as defined below), in favor of HSBC BANK USA, NATIONAL ASSOCIATION, as administrative agent (together with its successors, in such capacity, the “Agent”) for the banks and other financial institutions or entities (each a “Lender” and, collectively, the “Lenders”) from time to time parties to that certain Loan and Security Agreement, dated as of the date hereof (as amended, restated, amended and restated, supplemented, or modified, from time to time, the “Loan Agreement”), among VEECO INSTRUMENTS INC., a Delaware corporation (the “Borrower”), the Guarantors party thereto, the Lenders party thereto and the Agent.