Shares NEXX SYSTEMS, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • July 22nd, 2011 • Nexx Systems Inc • Semiconductors & related devices • New York
NEXX Systems, Inc., a Delaware corporation (the “Company”), proposes to issue and sell shares (the “Firm Shares”) of the Company’s Common Stock, $0.001 par value per share (the “Common Stock”), to you and to the several other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you are acting as representatives (the “Representatives”). The Company has also agreed to grant to you and the other Underwriters an option (the “Option”) to purchase up to an additional shares of Common Stock, on the terms and for the purposes set forth in Section 1(b) (the “Option Shares”). The Firm Shares and the Option Shares are referred to collectively herein as the “Shares.”
AMENDMENT NO. 1 TO WARRANTWarrant Amendment • July 22nd, 2011 • Nexx Systems Inc • Semiconductors & related devices
This Amendment No. 1 to Warrant (“Amendment”), is made, delivered, and effective as of the Effective Date by and between NEXX SYSTEMS, INC., a Delaware corporation (“Borrower”) and COMERICA BANK, a Texas banking association (“Comerica”) in order to amend the Warrant to Purchase Stock dated June 10, 2011 issued by Borrower to Comerica Bank (“Warrant”).
NEXX SYSTEMS, INC. AMENDMENT TO RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • July 22nd, 2011 • Nexx Systems Inc • Semiconductors & related devices
THIS AMENDMENT TO RESTRICTED STOCK UNIT AGREEMENT (this “Amendment”) is entered into on this day of , 2011 and amends that certain Restricted Stock Unit Agreement dated as of the day of , 201 (the “Agreement”), by and between NEXX Systems, Inc., a Delaware corporation (the “Company”), and [NAME] (the “Participant”). Capitalized terms used herein and not otherwise defined shall have the respective meanings given to them in the Agreement.
