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EX-10.1 - EXHIBIT - MATTSON TECHNOLOGY INCwaiverandamendmentagreemen.htm


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): February 4, 2014

MATTSON TECHNOLOGY, INC.
(Exact name of Registrant as Specified in its Charter)


Delaware
 
000-24838
 
77-0208119
(State or Other Jurisdiction of Incorporation or Organization) 
 
(Commission File Number)
 
(I.R.S. Employer Identification Number)

47131 Bayside Parkway
Fremont, California    94538
(Address of Principal Executive Offices including Zip Code)
(510) 657-5900
(Registrant's Telephone Number, Including Area Code)

Not Applicable
(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:

[ ] 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 1.01. Entry into Material Definitive Agreement

On February 4, 2014, Mattson Technology, Inc. (“we,” “us,” “our” or the “Company”) and Silicon Valley Bank, as lender and agent (the “Bank”), entered into an amendment to that certain credit agreement, dated as of April 12, 2013, between the Company and the Bank (the “Credit Agreement”). The amendment amends the covenant requiring us and our subsidiaries to maintain a minimum level of consolidated EBITDA for two consecutive quarters and waives compliance with such covenant for the period ended December 31, 2013, since, based on our preliminary results, we believe that we would not be in technical compliance for such period. We believe we are in compliance with all of our other financial covenants. The foregoing summary of the amendment is subject to, and qualified in its entirety by, the full text of the amendment attached as Exhibit 10.1 hereto and incorporated herein by reference.

Item 9.01. Financial Statements and Exhibits
(d) Exhibits.




SIGNATURES
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.

Date: February 4, 2014
Mattson Technology, Inc.

 
 
 
By: /s/ TYLER PURVIS
 
Tyler Purvis
Chief Accounting Officer and Corporate Controller
(Principal Accounting Officer)







Index to Exhibits