Confidential portions of this document have been omitted and filed separately with the Commission pursuant to a request for confidential treatment. AMENDED AND RESTATED SETTLEMENT AGREEMENTSettlement Agreement • March 16th, 2007 • Asm International N V • Special industry machinery, nec • California
This Amended and Restated Settlement Agreement (AGREEMENT), dated as of December 16, 1998, amends and restates that certain Settlement Agreement (the ORIGINAL SETTLEMENT AGREEMENT) dated October 31, 1997 by and among: (1) ASM International N.V., (ASMI) a corporation organized and existing under the laws of The Netherlands, ASM America, Inc., (ASMA) a corporation organized and existing under the laws of the State of Delaware, Epsilon Technology, Inc., dba ASM Epitaxy (EPSILON), a corporation subsequently merged into ASMA, and (2) Applied Materials, Inc. (AMAT), a corporation organized and existing under the laws of the State of Delaware.
