FAL COMMITMENT AND EXTENSION AGREEMENTFal Commitment and Extension Agreement • February 6th, 2018 • Western Digital Corp • Computer storage devices • California
This FAL COMMITMENT AND EXTENSION AGREEMENT (this “Agreement”) is made as of December 12, 2017, by and among Toshiba Memory Corporation, a Japanese corporation (“TMC”), Western Digital Corporation, a Delaware corporation (“WD”), SanDisk LLC, a Delaware limited liability company (“SanDisk”) and SanDisk (Ireland) Limited, a company organized under the laws of the Republic of Ireland (“SanDisk Ireland” and, together with WD, SanDisk and TMC, the “Parties”).
CONFIDENTIAL SETTLEMENT AND MUTUAL RELEASE AGREEMENTConfidential Settlement and Mutual Release Agreement • February 6th, 2018 • Western Digital Corp • Computer storage devices • California
This CONFIDENTIAL SETTLEMENT AND MUTUAL RELEASE AGREEMENT (this “Agreement”) is made as of December 12, 2017 (the “Effective Date”), by and among Western Digital Corporation, a Delaware corporation (“WD”), SanDisk LLC, a Delaware limited liability company (“SanDisk LLC”), SanDisk (Cayman) Limited, a Cayman Islands company (“SanDisk Cayman”), SanDisk (Ireland) Limited, a Republic of Ireland company (“SanDisk Ireland”), SanDisk Flash B.V., a Netherlands company (“SanDisk Flash,” and together with SanDisk LLC, SanDisk Cayman, and SanDisk Ireland, “SanDisk”), Bain Capital Private Equity, L.P., a Delaware limited partnership (“BCPE”), BCPE Pangea Cayman, L.P., a Cayman Islands limited partnership (“BCPE Cayman 1”), BCPE Pangea Cayman2, Ltd., a Cayman Islands exempted company (“BCPE Cayman 2”), Bain Capital Fund XII, L.P., a Cayman Islands limited partnership (“Bain Fund XII”), Bain Capital Asia Fund III, L.P., a Cayman Islands limited partnership (“Bain Asia III”), and K.K. Pangea, a Japane
Y6 FACILITY AGREEMENTY6 Facility Agreement • February 6th, 2018 • Western Digital Corp • Computer storage devices • California
CONFIDENTIAL SETTLEMENT AND MUTUAL RELEASE AGREEMENTConfidential Settlement and Mutual Release Agreement • February 6th, 2018 • Western Digital Corp • Computer storage devices • California
This CONFIDENTIAL SETTLEMENT AND MUTUAL RELEASE AGREEMENT (this “Agreement”) is made as of December 12, 2017 (the “Effective Date”) by and among Toshiba Corporation (“TSB”), Toshiba Memory Corporation (“TMC”), Western Digital Corporation (“WD”), SanDisk LLC, SanDisk (Cayman) Limited (“SanDisk Cayman”), SanDisk (Ireland) Limited (“SanDisk Ireland”), SanDisk Flash B.V. (“SanDisk Flash,” and together with SanDisk LLC, SanDisk Cayman, and SanDisk Ireland, “SanDisk”). TSB, TMC, WD, SanDisk LLC, SanDisk Cayman, SanDisk Ireland and SanDisk Flash, shall each be referred to, individually, as a “Party” and, collectively, as the “Parties.” Certain capitalized terms used herein are defined herein and in Exhibit A of this Agreement.
