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Aviza Technology Files Voluntary Chapter 11 Petition.


Company Expects to Continue Operations and Pursue Proposed Strategic Transaction with Sumitomo Precision Products Co., Ltd. as it Seeks to Maximize Value on Behalf of All of its Stakeholders Stakeholders

All parties that have an interest, financial or otherwise, in a firm-stockholders, creditors, bondholders, employees, customers, management, the community, and the government.
 

SCOTTS VALLEY, Calif. -- Aviza Technology, Inc. (NASDAQ NASDAQ
 in full National Association of Securities Dealers Automated Quotations

U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on
:AVZA), a supplier of advanced semiconductor capital equipment and process technologies for the global semiconductor industry and related markets, and its subsidiaries, Aviza, Inc. and Trikon Technologies, Inc., filed a voluntary petition under Chapter 11 of the U.S. Bankruptcy Code Bankruptcy Code may refer to:
  • Bankruptcy in Canada
  • Bankruptcy in the United States
  • Bankruptcy in China
.

As a result of the global economic recession, demand for semiconductor manufacturing equipment has declined dramatically. Over the past several months, Aviza has undertaken significant efforts to reduce its expenses and working capital requirements Capital requirements

Financing required for the operation of a business, composed of long-term and working capital plus fixed assets.
 in response to these unprecedented market conditions. These efforts have included significant work force reductions, executive salary cuts, mandatory time off for all of the company's employees and significant decreases in non-labor expenses. At the same time, the company has been working with Needham & Company, LLC (Logical Link Control) See "LANs" under data link protocol.

LLC - Logical Link Control
 to review and pursue financial and strategic options for the company to maximize value on behalf of all of the company's stakeholders, including merging with or into another company, a sale of all or substantially all of the company's assets, and the liquidation The collection of assets belonging to a debtor to be applied to the discharge of his or her outstanding debts.

A type of proceeding pursuant to federal Bankruptcy
 or dissolution of the company through bankruptcy proceedings bankruptcy proceedings n. the bankruptcy procedure is: a) filing a petition (voluntary or involuntary) to declare a debtor person or business bankrupt, or, under Chapter 11 or 13, to allow reorganization or refinancing under a plan to meet the debts of the party . The continuing declines in orders from and shipments to customers and related cash collections, the recent acceleration of the company's borrowings under its secured credit facility, and the company's inability to identify new sources of liquidity have caused the company to seek bankruptcy protection in order to better manage its operations through an orderly restructuring process.

Prior to the commencement of the Chapter 11 case, Aviza executed a nonbinding letter of intent to sell certain of its assets and businesses to Sumitomo Precision Products Co., Ltd. ("SPP (1) (Scalable Parallel Processor) A multiprocessing computer that can be upgraded by adding more CPUs.

(2) (Standard Parallel Port) The Centronics parallel port that was used on the first PCs.
"). Through the bankruptcy proceedings, the company intends to pursue its proposed strategic transaction with SPP and effectuate ef·fec·tu·ate  
tr.v. ef·fec·tu·at·ed, ef·fec·tu·at·ing, ef·fec·tu·ates
To bring about; effect.



[Medieval Latin effectu
 other significant asset sales in order to maximize value on behalf of all of the company's stakeholders. The company expects to continue essential operations, including product support, service and warranty programs, during this process.

"We have been working hard to find a buyer that would best leverage our products and provide on-going support to our customers," commented Jerry Cutini, Aviza's President and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. . "Through this voluntary bankruptcy voluntary bankruptcy n. the filing for bankruptcy by a debtor who believes he/she/it cannot pay bills and has more debts than assets. Voluntary bankruptcy differs from "involuntary bankruptcy" filed by creditors owed money to bring the debtor before the bankruptcy  process, we can continue to operate our business and pursue an orderly transition to SPP with minimal impact on our customers and employees."

Forward-Looking Statements

This press release contains forward-looking statements. These forward-looking statements are based on our management's current expectations and beliefs and involve numerous risks and uncertainties that could cause actual results to differ materially from expectations. You should not rely upon these forward-looking statements as predictions of future events because we cannot assure you that the events or circumstances reflected in these statements will be achieved or will occur. These forward-looking statements include, but are not limited to, information concerning our Chapter 11 filing, our proposed strategic transaction with SPP, our prospects for continuing to operate our business and fulfilling our contractual obligations and all statements containing the words "believes," "expects," "may," "will," "should," "seeks," "intends," "plans," "estimates" or "anticipates" or the negative of these words and phrases Words and Phrases®

A multivolume set of law books published by West Group containing thousands of judicial definitions of words and phrases, arranged alphabetically, from 1658 to the present.
 or other variations of these words and phrases or comparable terminology. Many factors could cause our actual results to differ materially from those projected in these forward-looking statements.

Certain risks and uncertainties related to the Chapter 11 process include risks that:

* these bankruptcy proceedings could harm our business, results of operations, financial condition and relationships with our employees, customers and suppliers;

* we may not be able to obtain court orders on desired terms, including our ability to use available cash to meet essential ongoing obligations; we may not have sufficient cash to fund our operations and may not be able to obtain additional financing on desired terms or court approvals required for such financing, if any, that may be available; a court having jurisdiction over our operations may issue orders or otherwise act or omit to act in a manner that harms our operations; and we may not timely obtain the requisite approvals of affected creditors or the bankruptcy court bankruptcy court n. the specialized Federal court in which bankruptcy matters under the Federal Bankruptcy Act are conducted. There are several bankruptcy courts in each state, and each one's territory covers several counties.  for our intended restructuring plan, leading to the liquidation of our assets;

* our common stock will likely have no future value and may be cancelled in connection with the bankruptcy proceeding;

* the staff of the NASDAQ Stock Market Nasdaq stock market

The first electronic stock market listing over 5000 companies. The Nasdaq stock market comprises two separate markets, namely the Nasdaq National Market, which trades large, active securities and the Nasdaq Smallcap Market that trades emerging growth companies.
 will likely send us a letter to the effect that our common stock will be delisted from the NASDAQ Global Market unless we timely request a hearing and obtain relief from delisting Delisting

When the stock of a company is removed from a stock exchange.

Notes:
Reasons for delisting include violating regulations and/or failure to meet financial specifications set out by the stock exchange.
; NASDAQ may suspend trading in our shares; we may decide not to seek a hearing, which would lead to a delisting of our shares in the near future; and even if we do elect a hearing, our efforts to avoid delisting may not be successful and our shares would then be delisted;

* we may not be able to continue our operations and restructure successfully during the pendency Pend´en`cy

n. 1. The quality or state of being pendent or suspended.
2. The quality or state of being undecided, or in continuance; suspense; as, the pendency of a suit s>.
 of the bankruptcy proceedings, which could affect our ability to attract a buyer or buyer's for our businesses or assets or the consideration a buyer would be willing to pay for our businesses or assets; and

* the instability of the global economy and an inability to obtain debtor-in-possession financing Debtor-in-possession financing

New debt obtained by a firm during the Chapter 11 bankruptcy process, Federal Bankruptcy Rule 4001 (c)(1). This financing is unique because it is secured, that is, it has priority over existing debt, equity and other claims.
 in the credit markets may lower our prospects for achieving or sustaining essential operations during the pendency of the bankruptcy proceedings.

Other factors that may harm our business, results of operations, financial condition and prospects for restructuring and other important factors are detailed in our various Securities and Exchange Commission filings, copies of which are available from us without charge. Please review these filings and do not place undue reliance on the forward-looking statements in this press release. We assume no obligation to update forward-looking statements.

About Aviza Technology, Inc.

Aviza Technology, Inc. designs, manufactures, sells and supports advanced semiconductor capital equipment and process technologies for the global semiconductor industry and related markets. The company's systems are used in a variety of segments of the semiconductor market, such as advanced silicon for memory devices, advanced 3-D packaging and power integrated circuits Power integrated circuits

Integrated circuits that are capable of driving a power load. The key feature of a power integrated circuit that differentiates it from other semiconductor technologies is its ability to handle high voltage, high current, or a
 for communications. Aviza's common stock is publicly traded on the NASDAQ Global Market (NASDAQ GM:AVZA). Aviza is headquartered in Scotts Valley, Calif., with manufacturing, R&D, sales and customer support facilities located in the United Kingdom, Germany, France, Taiwan, China, Japan, Korea, Singapore and Malaysia. Additional information about the company can be found at http://www.aviza.com.
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Publication:Business Wire
Date:Jun 10, 2009
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