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UTEK > SEC Filings for UTEK > Form 8-K on 5-Nov-2009All Recent SEC Filings

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Form 8-K for ULTRATECH INC


5-Nov-2009

Entry into a Material Definitive Agreement, Financial Statements and Exhibits


Item 1.01 Entry into a Material Definitive Agreement.

3050 Zanker Lease Amendment

Ultratech, Inc. (the "Company") entered into a Second Amendment to Lease (the "3050 Lease Amendment") with LaSalle Montague, Inc. ("LaSalle"), effective October 30, 2009, to amend the Standard Industrial Lease, dated as of September 10, 1993, as amended by First Amendment to Lease, dated as of November 22, 1999, as supplemented by Agreement Defining Landlord's Property, dated as of January 1, 1994, and by letter agreement dated September 3, 2004 (as amended, modified and supplemented, the "3050 Lease"). The 3050 Lease governs the terms and conditions under which the Company leases certain premises from LaSalle located at 3050 Zanker Road, San Jose, California. The 3050 Lease Amendment extended the term of the 3050 Lease such that it expires on January 31, 2016 and set forth the revised base rent. The provision relating to an option to renew the 3050 Lease term was also amended under the terms of the 3050 Lease Amendment.

A copy of the 3050 Lease Amendment is attached hereto as Exhibit 10.1 to this current report on Form 8-K and is incorporated herein by reference. The foregoing description of the terms of the 3050 Lease Amendment does not purport to be complete, and is qualified in its entirety by reference to such exhibit.

2880 Junction Lease Amendment

The Company entered into a First Amendment to Lease (the "2880 Lease Amendment") with LaSalle, effective October 30, 2009, to amend the Lease, dated as of November 22, 1999 (the "2880 Lease"). The 2880 Lease governs the terms and conditions under which the Company leases certain premises from LaSalle located at 2880 Junction Road, San Jose, California (the "Premises"). The 2880 Lease Amendment provided that, among other things, the Company shall pay to LaSalle, on or before March 31, 2010, $625,000 in consideration for LaSalle's waiver of certain surrender obligations of the Company set forth in the 2880 Lease. On or before March 31, 2010, the Company shall surrender possession of the Premises to LaSalle in a certain condition as set forth in the 2880 Lease Amendment. Further, under the terms of the 2880 Lease Amendment, the provision relating to an option to extend the 2880 Lease term was deleted in its entirety and the definition of "Hazardous Material" was amended.

A copy of the 2880 Lease Amendment is attached hereto as Exhibit 10.2 to this current report on Form 8-K and is incorporated herein by reference. The foregoing description of the terms of the 2880 Lease Amendment does not purport to be complete, and is qualified in its entirety by reference to such exhibit.



Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

10.1   Second Amendment to Lease (3050 Zanker), entered into on October 30, 2009,
       by and between LaSalle Montague, Inc. and the Company.

10.2   First Amendment to Lease (2880 Junction), entered into on October 30, 2009,
       by and between LaSalle Montague, Inc. and the Company.


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