Fourth Amendment to Optional Advance Demand Grid Note by MKS Instruments, MKS Japan, and HSBC Bank USA (July 31, 2008)

Contract Categories: Business Finance › Note Agreements
Summary

This amendment updates the terms of a loan agreement between MKS Instruments, Inc., MKS Japan, Inc., and HSBC Bank USA. It extends the loan's termination date to July 31, 2009, and reduces the interest rate margin from 0.75% to 0.50% above the LIBOR rate. All other terms of the original note remain unchanged. The amendment is effective as of July 31, 2008, and any future changes to the termination date must be agreed upon in writing by both the bank and the borrowers.

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EX-10.34 7 b73336miexv10w34.htm EX-10.34 FOURTH AMENDMENT, DATED JULY 31, 2008, TO HSBC NOTE exv10w34
Exhibit 10.34
FOURTH AMENDMENT DATED JULY 31, 2008
TO
OPTIONAL ADVANCE DEMAND GRID NOTE
     This Fourth Amendment dated as of July 31, 2008 amends the Optional Advance Demand Grid Note dated August 3, 2004, made by MKS Instruments, Inc. and MKS Japan, Inc. in favor of HSBC Bank USA, National Association, as amended by the First Amendment, dated July 29, 2005 and the Second Amendment, dated July 31, 2006, and the Third Amendment, dated as of July 31, 2007 (the “Note”). Terms defined in the Note shall have the same meanings in this Amendment.
  1.   The date of “July 31, 2008”, wherever it appears in the Note, is hereby deleted and replaced with: “July 31, 2009”. After July 31, 2009, the termination date of “July 31, 2009” (and any subsequent termination date), wherever it appears in the note, shall be deleted and replaced by such later date as may be agreed to in writing by the Bank and the Borrower as the new termination date of the Note.
 
  2.   The definition of Adjusted LIBOR Rate. The LIBOR Rate plus .75%, shall be deleted and replaced with Adjusted LIBOR Rate: The LIBOR Rate plus .50%.
 
  3.   Except as amended hereby, the Note remains unchanged and in full force and effect.
                     
MKS INSTRUMENTS, INC.       HSBC BANK USA, NATIONAL ASSOCIATION    
 
                    
By:
  /s/ Joseph M. Tocci       By:   /s/ Elise M. Russo    
 
                   
Name:
  Joseph M. Tocci       Name:   Elise M. Russo    
Title:
  Treasurer       Title   First Vice President    
 
                    
MKS JAPAN, INC.                
 
                    
By:
  /s/ Ronald Weigner                
 
                   
Name:
  Ronald Weigner                
Title:
  Director