MKS Instruments Contracts & Agreements

Employment Agreement, effective August 9, 2024, between Ramakumar Mayampurath and the Registrant (Filed With SEC on November 7, 2024)

Employment Agreement, effective April 30, 2024, between John Williams and the Registrant (Filed With SEC on August 8, 2024)

Fourth Amendment to Credit Agreement, dated as of July 23, 2024, by and among MKS Instruments, Inc., as parent borrower, the other loan parties party thereto, JPMorgan Chase Bank,... (Filed With SEC on July 23, 2024)

Indenture, dated May 16, 2024, between MKS Instruments, Inc. and U.S. Bank Trust Company, National Association, as trustee (Filed With SEC on May 16, 2024)

Form of Confirmation for Capped Call Transactions (Filed With SEC on May 16, 2024)

Second Amendment to Employment Agreement, dated May 7, 2024, by and between MKS Instruments, Inc. and James A. Schreiner (Filed With SEC on May 8, 2024)

Form of Restricted Stock Unit Agreement for Employees under the 2022 Stock Incentive Plan for 2024 (Standard) (Filed With SEC on February 27, 2024)

Form of Restricted Stock Unit Agreement for Employees under the 2022 Stock Incentive Plan for 2024 (rTSR) (Filed With SEC on February 27, 2024)

Third Amendment to Credit Agreement, dated as of February 13, 2024, by and among MKS Instruments, Inc., as parent borrower, the other loan parties party thereto, JPMorgan Chase... (Filed With SEC on February 14, 2024)

Second Amendment to Credit Agreement, dated as of January 22, 2024, by and among MKS Instruments, Inc., as parent borrower, the other loan parties party thereto, JPMorgan Chase... (Filed With SEC on January 22, 2024)

First Amendment to Credit Agreement, dated as of October 3, 2023, by and among MKS Instruments, Inc., as parent borrower, the other loan parties party thereto, JPMorgan Chase... (Filed With SEC on October 3, 2023)

Underwriting Agreement, dated June 1, 2023, by and among MKS Instruments, Inc., J.P. Morgan Securities LLC, as underwriter, and the selling stockholders named therein (Filed With SEC on June 5, 2023)

Investor Rights Agreement, dated August 17, 2022, by and among MKS Instruments, Inc. and the Carlyle Stockholders (Filed With SEC on August 17, 2022)

Form of Restricted Stock Unit Agreement for Non-Employee Directors under the 2022 Stock Incentive Plan (Filed With SEC on May 11, 2022)

Form of Restricted Stock Unit Agreement for Employees under the 2022 Stock Incentive Plan (Filed With SEC on May 11, 2022)

Amendment to Implementation Agreement, dated April 1, 2022, by and among Atotech Limited, MKS Instruments, Inc. and Atotech Manufacturing, Inc (Filed With SEC on April 1, 2022)

Commitment Letter, by and among MKS Instruments, Inc., JPMorgan Chase Bank, N.A. and Barclays Bank PLC, dated as of April 1, 2022 (Filed With SEC on April 1, 2022)

Letter Agreement, by and among the Registrant, Atotech Limited and Atotech Manufacturing, Inc., dated October 29, 2021 (Filed With SEC on February 28, 2022)

Management Incentive Plan (Filed With SEC on February 11, 2022)

Letter Agreement, dated October 29, 2021, by and among MKS Instruments, Inc., Atotech Limited and Atotech Manufacturing, Inc (Filed With SEC on October 29, 2021)

Amendment to Employment Agreement, dated October 25, 2021, by and between MKS Instruments, Inc. and James A. Schreiner (Filed With SEC on October 29, 2021)

Implementation Agreement, between the Company and Atotech, dated as of July 1, 2021 (Filed With SEC on July 2, 2021)

Lock-Up Agreement, between the Company and the Carlyle Shareholders, dated as of July 1, 2021 (Filed With SEC on July 2, 2021)

Commitment Letter, by and among the Company, JPMorgan Chase Bank, N.A. and Barclays Bank PLC, dated as of July 1, 2021 (Filed With SEC on July 2, 2021)

Employment Agreement, effective February 18, 2021, between Mark Gitin, the Registrant and Newport Corporation (Filed With SEC on February 23, 2021)

Employment Agreement, effective January 1, 2020, between David Henry and the Registrant (Filed With SEC on February 23, 2021)

Employment Agreement, effective February 17, 2021, between Eric Taranto and the Registrant (Filed With SEC on February 23, 2021)

MKS Instruments, Inc. Annual Profit Improvement Bonus Plan (Filed With SEC on May 6, 2020)

Specimen certificate representing the Common Stock (Filed With SEC on February 28, 2020)

Description of Capital Stock Registered Under Section 12 of the Exchange Act (Filed With SEC on February 28, 2020)

Employment Agreement, dated as of August 6, 2019, between James Schreiner and the Registrant (Filed With SEC on February 28, 2020)

Annual Profit Improvement Bonus Plan (Filed With SEC on February 12, 2020)

Employment Agreement, dated November 18, 2019, between John Lee and the Registrant (Filed With SEC on November 20, 2019)

Amendment No. 6 to Term Loan Credit Agreement, dated as of September 27, 2019, among the Company, the other loan parties party thereto, Barclays Bank PLC, as administrative agent,... (Filed With SEC on October 1, 2019)

Amendment No. 1 to ABL Credit Agreement, dated as of April 26, 2019, by and among the Registrant, Barclays Bank PLC, as administrative agent and collateral agent, the other... (Filed With SEC on August 7, 2019)

Employment Agreement, dated August 1, 2016, between Kathleen Burke and the Registrant, as amended on October 29, 2018 (Filed With SEC on August 7, 2019)

Form of Restricted Stock Unit Agreement for Employees under the 2014 Stock Incentive Plan (Filed With SEC on February 26, 2019)

Electro Scientific Industries, Inc.s 2004 Stock Incentive Plan (Filed With SEC on February 26, 2019)

Form of Restricted Stock Units Award Agreement (with time-based vesting) used under Electro Scientific Industries, Inc.s 2004 Stock Incentive Plan for 2016-2017 (Filed With SEC on February 26, 2019)

Form of Restricted Stock Units Award Agreement (with time-based vesting) used under Electro Scientific Industries, Inc.s 2004 Stock Incentive Plan for 2018 (Filed With SEC on February 26, 2019)

Form of Restricted Stock Units Award Agreement (with performance-based vesting) used under Electro Scientific Industries, Inc.s 2004 Stock Incentive Plan for 2016-2017 (Filed With SEC on February 26, 2019)

Form of Restricted Stock Units Award Agreement (with performance-based vesting) used under Electro Scientific Industries, Inc.s 2004 Stock Incentive Plan for 2018 (Filed With SEC on February 26, 2019)

Form of the Registrants RSU Assumption Agreement (with time-based vesting) for U.S. Employees Relating to Electro Scientific Industries, Inc.s 2004 Stock Incentive Plan (Filed With SEC on February 26, 2019)

Form of the Registrants RSU Assumption Agreement (with time-based vesting) for Employees Outside of the United States Relating to Electro Scientific Industries, Inc.s 2004 Stock... (Filed With SEC on February 26, 2019)

Form of the Registrants RSU Assumption Agreement (with performance-based vesting) for U.S. Employees Relating to Electro Scientific Industries, Inc.s 2004 Stock Incentive Plan (Filed With SEC on February 26, 2019)

Form of the Registrants RSU Assumption Agreement (with performance-based vesting) for Employees Outside of the United States Relating to Electro Scientific Industries, Inc.s 2004... (Filed With SEC on February 26, 2019)

Amendment No. 5 to Term Loan Credit Agreement and Amendment to Term Loan Guaranty and Term Loan Security Agreement, by and among the Company, Barclays Bank PLC, as administrative... (Filed With SEC on February 1, 2019)

Amendment No. 2 to Employment Agreement dated October 22, 2013 by and between the Company and Gerald G. Colella (Filed With SEC on November 1, 2018)

Amendment No. 1 to Employment Agreement dated August 1, 2016 by and between the Company and Seth H. Bagshaw (Filed With SEC on November 1, 2018)

Amendment No. 1 to Employment Agreement dated May 9, 2018 by and between the Company and John T.C. Lee (Filed With SEC on November 1, 2018)

Agreement and Plan of Merger, by and among the Company, Merger Sub and ESI, dated October 29, 2018 (Filed With SEC on October 30, 2018)

Commitment Letter by and among the Company, Barclays and HSBC, dated October 29, 2018 (Filed With SEC on October 30, 2018)

Letter Agreement, dated June 5, 2018, between Dennis L. Werth and the Registrant (Filed With SEC on August 7, 2018)

Transition and Retirement Agreement, dated May 9, 2018, between the Company and John R. Abrams (Filed With SEC on May 11, 2018)

Employment Agreement, effective May 9, 2018, between the Company and John Lee (Filed With SEC on May 11, 2018)

Amendment, dated March 27, 2018, to Employment Agreement, dated as of October 22, 2013, between Gerald Colella and the Registrant (Filed With SEC on May 8, 2018)

MKS Instruments, Inc. Management and Key Employee Bonus Plan (Filed With SEC on May 8, 2018)

MKS Instruments, Inc. Light & Motion Division Management and Key Employee Bonus Plan (Filed With SEC on May 8, 2018)

Amendment No. 4 to Term Loan Credit Agreement, dated as of April 11, 2018, among the Company, the other loan parties party thereto, Barclays Bank PLC, as administrative agent and... (Filed With SEC on April 12, 2018)

Form of Restricted Stock Unit Agreement for employees under the 2014 Stock Incentive Plan (Filed With SEC on February 28, 2018)

AMENDMENT NO. 3 TO TERM LOAN CREDITAGREEMENT dated as of July 6, 2017, among MKS INSTRUMENTS, INC., as theBorrower, the other Loan Parties party hereto, the Participating Lenders... (Filed With SEC on July 6, 2017)

MKS INSTRUMENTS, INC. Restricted Stock Unit Agreement Granted Under the 2014 Stock Incentive Plan (Filed With SEC on March 1, 2017)

MKS Instruments, Inc. Bonus Award Agreement under 162(m) Executive Cash Incentive Plan (Filed With SEC on March 1, 2017)

AMENDMENT NO. 2 TO TERM LOAN CREDIT AGREEMENT dated as of December 14, 2016, among MKS INSTRUMENTS, INC., as the Borrower, the other Loan Parties party hereto, the Participating... (Filed With SEC on December 14, 2016)

EMPLOYMENT AGREEMENT (Filed With SEC on August 3, 2016)

SUMMARY OF 2016 CASH INCENTIVE BONUS ARRANGEMENTS WITH DENNIS WERTH (Filed With SEC on August 3, 2016)

INDEMNIFICATION AGREEMENT (Filed With SEC on August 3, 2016)

AMENDMENT NO. 1 TO TERM LOAN CREDIT AGREEMENT dated as of June 9, 2016, among MKS INSTRUMENTS, INC., as the Borrower, the other Loan Parties party hereto, the Participating... (Filed With SEC on June 9, 2016)

NEWPORT CORPORATION 2006 PERFORMANCE-BASED STOCK INCENTIVE PLAN (Filed With SEC on May 6, 2016)

FORM OF NEWPORTCORPORATION STOCK APPRECIATION RIGHT AWARD AGREEMENT (Filed With SEC on May 6, 2016)

NEWPORT CORPORATION 2011 STOCK INCENTIVE PLAN (Filed With SEC on May 6, 2016)

NEWPORT CORPORATION AMENDED AND RESTATED 2011 STOCK INCENTIVE PLAN (Filed With SEC on May 6, 2016)

FORM OF RESTRICTEDSTOCK UNIT AWARD AGREEMENT (Performance-Based Vesting) (Filed With SEC on May 6, 2016)

FORM OF STOCKAPPRECIATION RIGHT AWARD AGREEMENT (Filed With SEC on May 6, 2016)

INDEMNIFICATION AGREEMENT (Filed With SEC on May 6, 2016)

MKS INSTRUMENTS, INC. RSU ASSUMPTION AGREEMENT FOR U.S. EMPLOYEES NEWPORT CORPORATION AMENDED AND RESTATED 2011 STOCK INCENTIVE PLAN 2011 STOCK INCENTIVE PLAN (Filed With SEC on May 6, 2016)

MKS INSTRUMENTS, INC. RSU ASSUMPTION AGREEMENT FOR EMPLOYEES OUTSIDE OF THE UNITED STATES NEWPORT CORPORATION AMENDED AND RESTATED 2011 STOCK INCENTIVE PLAN 2011 STOCK INCENTIVE... (Filed With SEC on May 6, 2016)

MKS INSTRUMENTS, INC. SAR ASSUMPTION AGREEMENT FOR U.S. EMPLOYEES NEWPORT CORPORATION AMENDED AND RESTATED 2011 STOCK INCENTIVE PLAN 2011 STOCK INCENTIVE PLAN 2006... (Filed With SEC on May 6, 2016)

MKS INSTRUMENTS, INC. SAR ASSUMPTION AGREEMENT FOR EMPLOYEES OUTSIDE OF THE UNITED STATES NEWPORT CORPORATION AMENDED AND RESTATED 2011 STOCK INCENTIVE PLAN 2011 STOCK INCENTIVE... (Filed With SEC on May 6, 2016)

MKS Instruments, Inc. Bonus Award Agreement under 162(m) Executive Cash Incentive Plan (Filed With SEC on February 26, 2016)

AGREEMENT AND PLAN OF MERGER among MKSINSTRUMENTS, INC., PSI EQUIPMENT, INC. and NEWPORTCORPORATION Dated as of February 22, 2016 Table of Contents (Filed With SEC on February 23, 2016)

BARCLAYS 745 Seventh Avenue New York, NewYork 10019 (Filed With SEC on February 23, 2016)

2015 EXECUTIVE VARIABLE SALES COMPENSATION PLAN UNDER THE MKS 162(m) EXECUTIVE CASH INCENTIVE PLAN (Filed With SEC on August 5, 2015)

MKS Instruments, Inc. 162(m) Executive Cash Incentive Plan (as approved by the Board of Directors on February 9, 2015 and by the Shareholders on May 4, 2015) (Filed With SEC on May 4, 2015)

MKS Instruments, Inc. Bonus Award Agreement under 162(m) Executive Cash Incentive Plan (Filed With SEC on February 25, 2015)

GSA Contract Extension (Filed With SEC on February 25, 2015)

Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Double asterisks denote omissions. (Filed With SEC on November 5, 2014)

SEPARATION AGREEMENT AND GENERAL RELEASE Introduction (Filed With SEC on November 5, 2014)

MKS INSTRUMENTS, INC. Restricted Stock Unit Agreement Granted Under the 2014 Stock Incentive Plan (Filed With SEC on November 5, 2014)

Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Double asterisks denote omission. 2014 SALES COMMISSION PLAN January 1, 2014... (Filed With SEC on May 7, 2014)

MKS Instruments, Inc. 2014 STOCK INCENTIVE PLAN (Filed With SEC on May 6, 2014)

MKS Instruments, Inc. 2014 EMPLOYEE STOCK PURCHASE PLAN (Filed With SEC on May 6, 2014)

MKS INSTRUMENTS, INC. Restricted Stock Unit Agreement [Annual]1 Grant to Non-Employee Directors Under the 2014 Stock Incentive Plan (Filed With SEC on May 6, 2014)

MKS INSTRUMENTS, INC. Restricted Stock Unit Agreement Granted Under the 2014 Stock Incentive Plan (Filed With SEC on May 6, 2014)

MKS INSTRUMENTS, INC. Restricted Stock Unit Agreement Granted Under the 2004 Stock Incentive Plan (Filed With SEC on February 26, 2014)

MKS Instruments, Inc. Annual Corporate Management/Key Employee Bonus Plan (Filed With SEC on February 26, 2014)

EMPLOYMENT AGREEMENT (Filed With SEC on February 26, 2014)

SEPARATION AGREEMENT Introduction (Filed With SEC on October 24, 2013)

EMPLOYMENT AGREEMENT (Filed With SEC on October 24, 2013)

MKS INSTRUMENTS, INC. Restricted Stock Unit Agreement Granted Under the 2004 Stock Incentive Plan (Filed With SEC on February 26, 2013)

AMENDMENT TO APPENDIX A Supplemental Retirement Benefits (Filed With SEC on February 26, 2013)

[FORM OF 2012 MANAGEMENT INCENTIVE BONUS PLAN FOR NAMED EXECUTIVEOFFICERS] PERSONAL & CONFIDENTIAL MKS MEMORANDUM (Filed With SEC on February 26, 2013)

Confidential materials omitted and filed separately with the Securitiesand Exchange Commission. Asterisks denote omissions. (Filed With SEC on February 26, 2013)

GSA Contract Extension (Filed With SEC on February 26, 2013)

EMPLOYMENT AGREEMENT (Filed With SEC on August 3, 2012)

Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. (Filed With SEC on May 9, 2012)

This plan is confidential. Only a select group of individuals are eligible. Neither this plan, nor the financial performance targets associated with it, should be shared with... (Filed With SEC on February 24, 2012)

EX-101 INSTANCE DOCUMENT (Filed With SEC on February 25, 2011)

EX-10.1 Form of 2010 Management Incentive Bonus Plan for Named Executive Officers (Filed With SEC on May 10, 2010)

MKS INSTRUMENTS, INC. 2004 STOCK INCENTIVE PLAN (as amended and restated through May 4, 2009) (Filed With SEC on May 6, 2009)

MKS INSTRUMENTS, INC. FOURTH AMENDED RESTATED 1999 EMPLOYEE STOCK PURCHASE PLAN (as amended through May 4, 2009) (Filed With SEC on May 6, 2009)

MKS INSTRUMENTS, INC. THIRD AMENDED AND RESTATED INTERNATIONAL EMPLOYEE STOCK PURCHASE PLAN (as amended through May 4, 2009) (Filed With SEC on May 6, 2009)

Ex-10.21 Amendment, dated November 10, 2008, to Employment Agreement between Leo Berlinghieri and the Registrant, dated July 1, 2005, as amended on November 13, 2007 (Filed With SEC on February 27, 2009)

Ex-10.23 Amendment, dated November 10, 2008, to Employment Agreement between Ronald C. Weigner and the Registrant, dated July 1, 2005 (Filed With SEC on February 27, 2009)

Ex-10.26 Amendment, dated November 10, 2008, to Employment Agreement between John Smith and the Registrant, dated July 30, 2004 (Filed With SEC on February 27, 2009)

Ex-10.28 Amendment, dated November 10, 2008, to Employment Agreement between Gerald Colella and the Registrant, dated April 25, 2005 (Filed With SEC on February 27, 2009)

Ex-10.30 Summary of Compensatory Arrangements with Non-Employee Directors (Filed With SEC on February 27, 2009)

Ex-10.34 Fourth Amendment, dated July 31, 2008, to HSBC Note (Filed With SEC on February 27, 2009)

Ex-10.1 2008 Management Incentive Bonus Plan (Filed With SEC on May 8, 2008)

Ex-10.2 Summary of Compensation for Lead Director (Filed With SEC on May 8, 2008)

EX-10.14 Form of Restricted Stock Unit Agreement under the 2004 Plan (Filed With SEC on February 28, 2008)

EX-10.21 Employment Agreement dated July 1, 2005 between Leo Berlinghieri and the Registrant, as amended on November 13, 2007 (Filed With SEC on February 28, 2008)

EX-10.27 Summary of 2008 Compensatory Arrangements with Executive Officers (Filed With SEC on February 28, 2008)

EX-10.31 Third Amendment, dated July 31, 2007 (Filed With SEC on February 28, 2008)

Ex-10.1 Third Amendment, dated July 31, 2007, to Optional Advanced Demand Grid Note (Filed With SEC on November 8, 2007)

Ex-10.10 Form of Restricted Stock Unit Agreement for Initial Grant to Non-Employee Directors (Filed With SEC on February 28, 2007)

Ex-10.11 Form of Restricted Stock Unit Agreement for Annual Grant to Non-Employee Directors (Filed With SEC on February 28, 2007)

Ex-10.12 Form of Performance-Based Restricted Stock Unit Agreement (Filed With SEC on February 28, 2007)

Ex-10.13 Form of Time-Based Restricted Stock Unit Agreement (Filed With SEC on February 28, 2007)

Ex-10.29 Summary of 2007 Compensatory Arrangements with Executive Officers (Filed With SEC on February 28, 2007)

Ex-10.1 2004 Stock Incentive Plan, as amended (Filed With SEC on November 8, 2006)

Ex-10.1 Amendment to Summary of 2006 Compensatory Arrangements with Executive Officers (Filed With SEC on August 4, 2006)

EX-10.1 Restricted Stock Unit Agreement (Filed With SEC on May 10, 2006)

Ex-10.14 2006 Management Incentive Bonus Program (Filed With SEC on March 16, 2006)

Ex-10.26 Lease Agreement dated as of June 25, 2005 (Filed With SEC on March 16, 2006)

Ex-10.27 Lease Agreement dated as of June 25, 2005 (Filed With SEC on March 16, 2006)

Ex-10.28 Optional Advanced Demand Grid Note dated August 3, 2004 (Filed With SEC on March 16, 2006)

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MKS Instruments Contracts & Agreements