Notice of Extension of Loan Maturity Date between Comerica Bank and Nanometrics Incorporated
Comerica Bank and Nanometrics Incorporated have agreed to extend the maturity date of an existing loan from February 14, 2009, to May 16, 2009. All other terms of the original loan agreement remain unchanged and in effect. Nanometrics confirms that all representations and warranties are still true and that there are no current defaults. This extension is formalized by both parties signing the notice.
Exhibit 10.18
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Comerica Bank | MC 4120 | |||
226 Airport Parkway, Suite 100 | ||||
San Jose, CA 95110 |
February 11, 2009
Timothy Stultz, Ph.D.
President and CEO
Bruce Crawford
Chief Operating Officer
Nanometrics Incorporated
1550 Buckeye Drive
Milpitas, CA 95035
RE: | Nanometrics Incorporated (Borrower) | |
Obligor Number 87 18034090 |
Dear Gentleman:
Comerica Bank (the Bank) has approved the extension of the maturity date of the above referenced credit facility as evidenced by that certain note/agreement, dated February 14, 2007 (as such may be amended, restated, modified, supplemented or revised from time to time, the Agreement) from February 14, 2009 to May 16, 2009. Upon your execution of a counterpart of this letter, the maturity date shall be so amended.
The Agreement, as modified and amended hereby, shall be and remain in full force and effect in accordance with its respective terms and hereby is ratified and confirmed in all respects. Except as expressly set forth herein, the execution, delivery, and performance of this modification and amendment shall not operate as a waiver of, or as an amendment of, any right, power, or remedy of Bank under the Agreement, as in effect prior to the date hereof. Borrower ratifies and reaffirms the continuing effectiveness of all promissory notes, guaranties, security agreements, mortgages, deeds of trust, environmental agreements, and all other instruments, documents and agreements entered into in connection with the Agreement.
By execution of a counterpart of this letter, Borrower further represents and warrants that the representations and warranties contained in the Agreement are true and correct as of the date hereof, and that no event of default has occurred and is continuing under the Agreement or any other document, instrument or agreement entered into in connection therewith.
Sincerely, | ||
Comerica Bank | ||
By: | /S/ STEPHANIE KARIC | |
Stephanie Karic | ||
Vice President | ||
Acknowledged and accepted on 2-18-09: | ||
Nanometrics Incorporated | ||
By: | /S/ TIMOTHY J. STULTZ | |
Name | Timothy J. Stultz | |
Title | President and CEO |