0001558370-17-006679 Sample Contracts

AMENDED AND RESTATED INTERCREDITOR AGREEMENT
Intercreditor Agreement • August 15th, 2017 • Netlist Inc • Semiconductors & related devices • California

This AMENDED AND RESTATED INTERCREDITOR AGREEMENT, dated April 20, 2017, is entered into between SVIC NO. 28 NEW TECHNOLOGY BUSINESS INVESTMENT L.L.P. (“Creditor”), and SILICON VALLEY BANK (“Bank”). Creditor and Bank are sometimes referred to herein as the “Secured Parties.”

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INTERCREDITOR AGREEMENT
Intercreditor Agreement • August 15th, 2017 • Netlist Inc • Semiconductors & related devices • New York

This INTERCREDITOR AGREEMENT, dated May 3, 2017, is entered into between SVIC NO. 28 NEW TECHNOLOGY BUSINESS INVESTMENT L.L.P. (“SVIC”), and TR GLOBAL FUNDING V, LLC, a Delaware limited liability company (“TRGP”). SVIC and TRGP are sometimes referred to herein as the “Secured Parties.”

AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • August 15th, 2017 • Netlist Inc • Semiconductors & related devices

THIS AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of April 12, 2017, by and between SILICON VALLEY BANK (“Bank” or “Silicon”) and NETLIST, INC., a Delaware corporation (“Borrower”). Borrower’s chief executive office is located at 175 Technology Drive, Suite 150, Irvine, CA 92618.

SECURITY AGREEMENT
Security Agreement • August 15th, 2017 • Netlist Inc • Semiconductors & related devices • New York

SECURITY AGREEMENT (this "Agreement"), dated as of May 3, 2017, made by Netlist, Inc., a Delaware corporation (together with its successors and assigns, "Grantor"), in favor of TR Global Funding V, LLC, a Delaware limited liability company managed by TR Global Associates V, LLC (together with its successors and assigns, "Investor").

INVESTMENT AGREEMENT Dated May 3, 2017
Investment Agreement • August 15th, 2017 • Netlist Inc • Semiconductors & related devices • New York

This Agreement (“Agreement”), effective as of May 3, 2017 (the “Effective Date”), is entered into by and between (a) TR Global Funding V, LLC, a Delaware limited liability company managed by TR Global Associates V, LLC (together with its successors and assigns, “Investor”) and (b) Netlist, Inc., a Delaware corporation (together with its successors and assigns, “Plaintiff”).

INTERCREDITOR AGREEMENT
Intercreditor Agreement • August 15th, 2017 • Netlist Inc • Semiconductors & related devices • California

This INTERCREDITOR AGREEMENT, dated May 3, 2017, is entered into between TR GLOBAL FUNDING V, LLC, a Delaware limited liability company (“Creditor”), and SILICON VALLEY BANK (“Bank”). Creditor and Bank are sometimes referred to herein as the “Secured Parties.”

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