0001193125-06-203620 Sample Contracts

AGREEMENT AND PLAN OF MERGER AND REORGANIZATION OF BIG LEAGUE MERGER CORPORATION (a Delaware corporation), AND NANOMETRICS INCORPORATED (a California corporation)
Merger Agreement • October 5th, 2006 • Nanometrics Inc • Measuring & controlling devices, nec

THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION dated as of September 28, 2006 (the “Agreement”) is between Big League Merger Corporation, a Delaware corporation (“Big League”), and Nanometrics Incorporated, a California corporation (“Nanometrics”). Big League and Nanometrics are sometimes referred to herein as the “Constituent Corporations.”

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NANOMETRICS INCORPORATED JOHN D. HEATON EMPLOYMENT AGREEMENT
Employment Agreement • October 5th, 2006 • Nanometrics Inc • Measuring & controlling devices, nec • California

This Agreement is entered into as of October 4, 2006 by and between Nanometrics Incorporated (the “Company”) and John D. Heaton (“Executive”), effective as of the date hereof (the “Effective Date”).

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