LOAN, GUARANTY AND SECURITY AGREEMENT Dated as of December 23, 2020 SMART MODULAR TECHNOLOGIES, INC., SMART EMBEDDED COMPUTING INC., and PENGUIN COMPUTING INC., as Borrowers SMART MODULAR TECHNOLOGIES (DE), INC., SMART HIGH RELIABILITY SOLUTIONS LLC,...Loan, Guaranty and Security Agreement • December 29th, 2020 • SMART Global Holdings, Inc. • Semiconductors & related devices • New York
THIS LOAN, GUARANTY AND SECURITY AGREEMENT is dated as of December 23, 2020 (this “Agreement”), by and among SMART MODULAR TECHNOLOGIES, INC., a California corporation (“Technologies”), SMART EMBEDDED COMPUTING INC., a Wisconsin corporation (“Computing”), PENGUIN COMPUTING INC., a California corporation (“Penguin”; and together with Technologies and Computing, each, a “Borrower” and collectively, the “Borrowers”), SMART MODULAR TECHNOLOGIES (DE), INC., a Delaware corporation (“Modular DE”), SMART HIGH RELIABILITY SOLUTIONS LLC, a Delaware limited liability company (“Smart High Reliability”), PREMIERE CUSTOMS BROKERS, INC., a California corporation (“Premiere Customs”), PREMIERE LOGISTICS, INC., a California corporation (“Premiere Logistics”), SMART WIRELESS COMPUTING, INC., a Delaware corporation (“Smart Wireless”; and together with Modular DE, Smart High Reliability, Premiere Customs, Premiere Logistics; and together with any other party joined hereto as a Guarantor, each, a “Guaranto
