5. Plan Objections . In response to the Plan Objections by Crossing Automation, Inc. (“Crossing”) and Intel Corporation (“Intel” and, together with Crossing, “Crossing/Intel”), on the one hand, the Debtor and Key Bank, as agent for the pre-petition lenders (“Debtor/Key Bank”), on the other hand, agreed on the record that $254,175.06 shall be paid forthwith by the Debtor to Crossing. Upon such payment, Crossing/Intel on the one hand, and Debtor/Key Bank, on the other, shall generally and mutually release each other from any and all claims whatsoever, known or unknown, arising in or any way related to the Asyst bankruptcy case and the parties expressly waive the protection of Cal. Civ. Code 1542 , which is incorporated herein.
Risto Puhakka, president of semiconductor industry research firm VLSI Research Inc., said that he did not know how the Asyst situation would play out, but that he believes the company is likely to continue running in one form or another, either after being acquired or after reorganization through bankruptcy. Asyst has a lot of equipment in the field under warranty, he said.
Puhakka said two possible acquisition suitors are Brooks Automation Inc., a direct competitor, and Applied Materials Inc., the No. 1 semiconductor equipment company, which does have some automation products. But he added that this was pure speculation and that he had not yet crunched the numbers to see if an offer from Brooks was even viable.
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