Amendment to Warrant Agreement between International Business Machines Corporation and IBIS Technology Corporation

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Summary

This amendment, dated June 1, 2001, is between International Business Machines Corporation (IBM) and IBIS Technology Corporation. It modifies their existing Warrant Agreement by deleting Section 7(f) and replacing it with the phrase "Intentionally Omitted." All other terms of the original Warrant Agreement remain unchanged. The amendment is effective upon signing by both parties.

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EX-10.55 5 a2062702zex-10_55.txt EX-10.55 Exhibit 10.55 AMENDMENT TO WARRANT AGREEMENT This Amendment, dated as of June 1, 2001, is by and between International Business Machines Corporation, a New York Corporation ("IBM"), and IBIS Technology Corporation, Massachusetts corporation (the "COMPANY"). WHEREAS, IBM and the Company have executed a Warrant Agreement dated as of December 15, 2000 ("WARRANT AGREEMENT"); and WHEREAS, the parties desire to amend the Warrant Agreement as set forth herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. TERMS. Capitalized terms not otherwise defined herein have the meanings ascribed thereto in the Warrant Agreement. Section 2. AMENDMENT. (a) Section 7(f) of the Warrant Agreement is deleted in its entirety. Therefore, the words "Intentionally Omitted" shall be deemed inserted in place of such provision. Section 3. MISCELLANEOUS. (a) The Warrant Agreement shall remain in full force and effect in accordance with its terms except as amended or modified by this Amendment. (b) This Amendment may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the original instrument. IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first written above. INTERNATIONAL BUSINESS MACHINES By: /s/ Robert Pemberton -------------------------------------------- Name: Robert Pemberton Title: Director, Corporate Development IBIS Technology Corporation By: /s/ Debbra L. Nelson -------------------------------------------- Name: Debra L. Nelson Title: Chief Financial Officer