First Amendment to Second Amended and Restated Loan and Security AgreementStock Pledge Agreement • December 3rd, 2008 • SMART Modular Technologies (WWH), Inc. • Semiconductors & related devices
This First Amendment to Second Amended and Restated Loan and Security Agreement (this “Amendment”), dated as of November 26, 2008, is by and among the lenders identified on the signature pages hereto (the “Lenders”), Wells Fargo Bank, National Association, a national banking association, as the arranger, administrative agent and security trustee for the Lenders (in such capacity, the “Agent”), Smart Modular Technologies, Inc., a California corporation (“US Borrower”), Smart Modular Technologies (Europe) Limited, a company incorporated under the laws of England and Wales (“UK Borrower”), and Smart Modular Technologies (Puerto Rico) Inc., an exempted company organized under the laws of the Cayman Islands (“PR Borrower”, and together with US Borrower and UK Borrower, each individually referred to herein as a “Borrower” and collectively, as the “Borrowers”).
