October 23, 2007Confidentiality Agreement • December 21st, 2007 • Nextest Systems Corp • Instruments for meas & testing of electricity & elec signals • New York
Nextest Systems Corporation (the “Company”) has engaged Merrill Lynch & Co to advise the Company with respect to a possible transaction (a “Transaction”) between Teradyne, Inc. (“Teradyne”) and the Company. In order to evaluate such Transaction, each company expects to make available to the other certain nonpublic information concerning their respective businesses, financial condition, operations, assets and liabilities. Each of Teradyne and the Company agrees that any Evaluation Information (as defined below) furnished by the other company shall be governed by the following terms and conditions. The party receiving such Evaluation Information shall be deemed to be the “Receiving Company” and the party furnishing such Evaluation Information shall be deemed to be “Disclosing Company” for the purposes of this Confidentiality Agreement (this “Agreement”). Evaluation Information (as defined below) may be disclosed under this Agreement between the date set forth above and the earlier of the
