Certain Information In This Exhibit Has Been Sample Contracts

Design and Production Agreement Netlist Inc. (September 21st, 2010)

This Design and Production Agreement (DPA) effective July 31, 2008 (the Effective Date) is between Toshiba America Electronic Components, Inc., with a principal place of business at 19900 MacArthur Boulevard, Suite 400, Irvine, CA 92612 (TAEC) and Netlist Inc with a place of business at 51 Discovery, Suite 150, Irvine, CA 92618 (Customer) and sets out the terms and conditions under which TAEC will design the product identified herein for Customer.

Design and Production Agreement Amendment #1 Netlist Inc. (September 21st, 2010)

This Amendment #1 (Amendment) to the Register ASIC Design and Production Agreement, dated July 31, 2008, (TAEC#27N1242613) (Agreement) is between Toshiba America Electronic Components, Inc., with a principal place of business at 19900 MacArthur Boulevard, Suite 400, Irvine, CA 92612 (TAEC) and Netlist Inc. with a place of business at 51 Discovery, Suite 150 Irvine, CA 92618 (Customer) and sets out the terms and conditions under which TAEC will design the product identified herein for Customer. This Amendment is effective as of the date finally executed below (Effective Date).

Design and Production Agreement Netlist Inc. (September 21st, 2010)

This Design and Production Agreement (DPA) effective July 31, 2008 (the Effective Date) is between Toshiba America Electronic Components, Inc., with a principal place of business at 19900 MacArthur Boulevard, Suite 400, Irvine, CA 92612 (TAEC) and Netlist Inc with a place of business at 51 Discovery, Suite 150, Irvine, CA 92618 (Customer) and sets out the terms and conditions under which TAEC will design the product identified herein for Customer.

Design and Production Agreement Amendment #2 Netlist Inc. (September 21st, 2010)

This Amendment #2 (Amendment #2) to the ID ASIC Design and Production Agreement, dated July 31, 2008, as amended (TAEC# 51N12402125) (Agreement) is between Toshiba America Electronic Components, Inc., with a principal place of business at 19900 MacArthur Boulevard, Suite 400, Irvine, CA 92612 (TAEC) and Netlist Inc., with a place of business at 51 Discovery, Suite 150 Irvine, CA 92618 (Customer) and sets out the terms and conditions under which TAEC will design the product identified herein for Customer. This Amendment is effective as of the date finally executed below (Effective Date).

Diablo Technologies, Inc. Development and Supply Agreement (September 21st, 2010)

This Development and Supply Agreement (Agreement) is made this 10th day of September 2008 (Effective Date) between Diablo Technologies, Inc,, a Canadian corporation having a principal place of business at 290 St. Joseph, Suite 200, Gatineau, Quebec J8Y 3Y3 (Diablo) and Netlist, Inc., a Delaware corporation having a principal place of business at 51 Discovery, Irvine, CA 92618 (Netlist).

Design and Production Agreement Amendment #1 Netlist Inc. (September 21st, 2010)

This Design and Production Agreement Amendment effective May 22, 2009 (the Effective Date) is between Toshiba America Electronic Components, Inc., with a principal place of business at 19900 MacArthur Boulevard, Suite 400, Irvine, CA 92612 (TAEC) and Netlist Inc. with a place of business at 51 Discovery, Suite 150 Irvine, CA 92618 (Customer) and sets out the terms and conditions under which TAEC will design the product identified herein for Customer.

Design and Production Agreement Amendment #2 Netlist Inc. (September 21st, 2010)

This Amendment #2 (Amendment #2) to the Register ASIC Design and Production Agreement, dated July 31, 2008, as amended (TAEC#27N1242613) (Agreement) is between Toshiba America Electronic Components, Inc., with a principal place of business at 19900 MacArthur Boulevard, Suite 400, Irvine, CA 92612 (TAEC) and Netlist Inc. with a place of business at 51 Discovery, Suite 150 Irvine, CA 92618 (Customer) and sets out the terms and conditions under which TAEC will design the product identified herein for Customer, This Amendment is effective as of the date finally executed below (Effective Date).

Design and Production Agreement Amendment #1 Netlist Inc. (September 21st, 2010)

This Amendment #1 (Amendment) to the ID ASIC Design and Production Agreement, dated July 31, 2008 (TAEC#51N12402I25) (Agreement) is between Toshiba America Electronic Components, Inc., with a principal place of business at 19900 MacArthur Boulevard, Suite 400, Irvine, CA 92612 (TAEC) and Netlist Inc. with a place of business at 51 Discovery, Suite 150 Irvine, CA 92618 (Customer) and sets out the terms and conditions under which TAEC will design the product identified herein for Customer. This Amendment is effective as of the date finally executed below (Effective Date).