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EXHIBIT 10.41
AMENDMENT
TO
LOAN AND SECURITY AGREEMENT
This Amendment to Loan and Security Agreement is entered into as of
August 25, 1997, by and between Silicon Valley Bank ("Bank") and AG Associates,
Inc. ("Borrower").
RECITALS
Borrower and Bank are parties to that certain Loan and Security
Agreement dated as of August 2, 1996, as amended, (the "Agreement"). Borrower
has asked Bank to amend certain provisions of the Agreement.
Bank has agreed to do so in accordance with the terms of this Amendment.
NOW, THEREFORE, the parties agree as follows:
1. Sections 6.8 and 6.11 are amended to read as follows (and
Exhibit D is amended to reflect such changes to be in the form of Exhibit D
attached hereto):
6.8 Quick Ratio. Borrower shall maintain, as of the last day of
each fiscal quarter, a ratio of Quick Assets to Current Liabilities of at least
1.25 to 1.00.
6.11 Profitability. Borrower shall not suffer a loss in excess of
$550,000 for the fiscal quarter ending September 30, 1997 or a loss in excess of
$100,000 for the fiscal quarter ending December 31, 1997. Borrower shall be
profitable for each fiscal quarter thereafter.
2. Unless otherwise defined, all capitalized terms in this Amendment
shall be as defined in the Agreement. Except as amended, the Agreement remains
in full force and effect.
3. Borrower represents and warrants that the Representations and
Warranties contained in the Agreement are true and correct as of the date of
this Amendment, and that no Event of Default has occurred and is continuing.
4. This Amendment may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute
one instrument.
5. As a condition to the effectiveness of this Amendment, Borrower
shall reimburse Bank for the Bank Expenses incurred in connection with this
Amendment.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of
the first date above written.
AG ASSOCIATES, INC.
By
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SILICON VALLEY BANK
By
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