THIRD AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF NEXTRACKER LLC a Delaware Limited Liability Company Dated as of [•], 2023Limited Liability Company Agreement • January 24th, 2023 • Nextracker Inc. • Search, detection, navagation, guidance, aeronautical sys • Delaware
This THIRD AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of Nextracker LLC, a Delaware limited liability company (the “Company”), is made and entered into effective as of [•], 2023 (the “Effective Date”) by and among the Company, Nextracker Inc., a Delaware corporation (“PubCo”), as the managing member of the Company, and each of the other Members (as defined below). Capitalized terms used herein without definition have the meanings set forth in Section 1.01.
LETTER AGREEMENTLetter Agreement • January 24th, 2023 • Nextracker Inc. • Search, detection, navagation, guidance, aeronautical sys
Reference is made to the Tax Receivable Agreement, dated as of the date hereof (the “Tax Receivable Agreement”), among Nextracker Inc., a Delaware corporation (the “Corporate Taxpayer”), and each of the persons from time to time party thereto. Capitalized terms used in this Agreement (this “Agreement”) but not otherwise defined shall have the meanings ascribed to such terms in the Tax Receivable Agreement.
TAX RECEIVABLE AGREEMENT among NEXTRACKER INC., and THE PERSONS NAMED HEREIN Dated as of [•]Tax Receivable Agreement • January 24th, 2023 • Nextracker Inc. • Search, detection, navagation, guidance, aeronautical sys • Delaware
AGREEMENT AND PLAN OF MERGER by and among FLEX LTD., YUMA, INC., NEXTRACKER INC. AND YUMA ACQUISITION CORP. Dated as of [●], 2023Agreement and Plan of Merger • January 24th, 2023 • Nextracker Inc. • Search, detection, navagation, guidance, aeronautical sys • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of [•], 2023, is entered into by and among Flex Ltd., a public company limited by shares incorporated in Singapore and having company registration no. 19002645H (“Flex”), Yuma, Inc., a Delaware corporation (“Newco”), Nextracker Inc., a Delaware corporation (“Nextracker”), and Yuma Acquisition Corp., a Delaware corporation (“Merger Sub”) (all such parties, collectively, the “Parties” and each, a “Party”).
GENERAL BUSINESS AGREEMENTGeneral Business Agreement • January 24th, 2023 • Nextracker Inc. • Search, detection, navagation, guidance, aeronautical sys • California
This General Business Agreement is entered into by and between Nextracker LLC, with a place of business at 6200 Paseo Padre Pkwy, Fremont, California 94555-3601, USA (“NX LLC” or “NX”) and Flextronics Industrial Ltd., with a place of business at Suite 402, St. James Court, St. Denis Street, Port Louis, Mauritius (“Supplier”). NX (as further defined in Section 1.3 below) and Supplier are referred to each as a “Party” or collectively as the “Parties.” This Agreement shall be considered executed by the Parties as of the date of the last signature (the “Execution Date”), but the terms of this Agreement shall be effective as of May 27, 2019 (“Effective Date”).
