- Current report filing (8-K)
May 27 2009 - 4:36PM
Edgar (US Regulatory)
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
___________
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the
Securities
Exchange Act of 1934
Date of
Report (Date of earliest event reported): May 20, 2009
(Exact
name of registrant as specified in charter)
Delaware
(State
or other jurisdiction
of
incorporation)
|
000-51642
(Commission
File
Number)
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20-1979646
(I.R.S.
Employer
Identification
Number)
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440 Kings Village Road, Scotts Valley, CA 95066
(Address
of principal executive offices) (Zip Code)
|
831-438-2100
(Registrant’s
telephone number, including area code)
(Former
name or former address, if changed since last report.)
|
|
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions (see General Instruction A.2. below):
[ ]
Written communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
[ ]
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
[ ]
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act
(17 CFR 240.14d-2(b))
[ ]
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act
(17 CFR 240.13e-4(c))
Item
2.04. Triggering
Events That Accelerate or Increase a Direct Financial Obligation or an
Obligation under an Off-Balance Sheet Arrangement.
On May
20, 2009, United Commercial Bank, as agent for the Lenders (defined below),
provided to us and our subsidiary, Aviza, Inc., a notice of acceleration and
demand for payment (the “Acceleration Notice”) of the amounts due to the Lenders
under that certain Loan and Security Agreement, dated April 13, 2007, as amended
by the First Amendment, dated September 30, 2008, and the Second Amendment,
dated October 1, 2008 (collectively, the “Loan and Security Agreement”), by and
among us, Aviza, Inc., United Commercial Bank as lender and agent, and the other
lenders party thereto (together with United Commercial Bank, the “Lenders”), due
to the occurrence and continuation of events of default under the Loan and
Security Agreement. The Acceleration Notice notified us and Aviza, Inc. of the
acceleration of and demand for immediate payment of the entire amount of the
funds we and Aviza, Inc. owe to the Lenders including all interest accrued and
unpaid thereon and all other amounts payable under the Loan and Security
Agreement. As of May 26, 2009, our outstanding balance under the Loan and
Security Agreement was approximately $29.5 million.
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
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AVIZA
TECHNOLOGY, INC.
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Date: May
27, 2009
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By:
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/s/
Patrick
C. O’Connor
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Patrick
C. O’Connor
Executive
Vice President and Chief Financial Officer
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