FFL SECOND COMMITMENT AND EXTENSION AGREEMENTCommitment and Extension Agreement • August 25th, 2022 • Western Digital Corp • Computer storage devices • California
Contract Type FiledAugust 25th, 2022 Company Industry JurisdictionThis FFL SECOND COMMITMENT AND EXTENSION AGREEMENT (this “Agreement”) is made as of May 15, 2019, by and among Toshiba Memory Corporation, a Japanese corporation (“TMC”), Toshiba Memory Iwate Corporation, a Japanese corporation (“TMI”), Western Digital Corporation, a Delaware corporation (“WD”) (together with TMC, the “Parent Parties”), SanDisk LLC, a Delaware limited liability company (“SanDisk LLC”), SanDisk (Cayman) Limited, a company organized under the laws of the Cayman Islands (“SanDisk Cayman”), SanDisk (Ireland) Limited, a company organized under the laws of the Republic of Ireland (“SanDisk Ireland”), SanDisk Flash B.V., a company organized under the laws of the Netherlands (“SanDisk Flash,” and together with SanDisk LLC, SanDisk Cayman, and SanDisk Ireland, “SanDisk”), Flash Partners, Ltd., a Japanese tokurei yugen kaisha (“FPL”), Flash Alliance, Ltd., a Japanese tokurei yugen kaisha (“FAL”), and Flash Forward, Ltd., a Japanese godo kaisha (“FFL,” and together with FPL and F
FFL COMMITMENT AND EXTENSION AGREEMENTCommitment and Extension Agreement • August 25th, 2022 • Western Digital Corp • Computer storage devices • California
Contract Type FiledAugust 25th, 2022 Company Industry JurisdictionThis FFL 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 Flash B.V., a company organized under the laws of the Netherlands (“SanDisk BV” and, together with WD, SanDisk and TMC, the “Parties”).
OPERATING AGREEMENT OF FLASH FORWARD, LTD. Dated as of March 1, 2011 between TOSHIBA CORPORATION and SANDISK FLASH B.V.Operating Agreement • August 25th, 2022 • Western Digital Corp • Computer storage devices
Contract Type FiledAugust 25th, 2022 Company IndustryPage 1. Definitions, Rules of Construction and Documentary Conventions 1 1.1 Certain Definitions 1 1.2 Additional Definitions 1 1.3 Rules of Construction and Documentary Conventions 2 2. General Provisions 2 2.1 Ownership of Interests; Capital Increase 2 2.2 Name 3 2.3 Principal Office 3 2.4 Term; Extension 3 2.5 Scope of Activity 3 2.6 Powers 3 2.7 Articles of Incorporation 3 2.8 Company Actions 3 3. Business Operations 3 3.1 Business Dealings with the Company 3 3.2 Other Activities 4 3.3 Personnel 4 3.4 Business Plans and Related Matters 4 3.5 Standard of Care 5 3.6 Use of Names 6 4. Actions by the Members 6 4.1 Matters Requiring the Approval of the Members 6 4.2 General Meetings of Members 8 4.3 Restrictions on Members 9 5. Management and Operations of Company 9 5.1 Meetings of the Board of Executive Officers 9 5.2 Officers; Employees 15 5.3 Y5 Representatives; Y5 Operating Committee 16 5.4 Insurance 17 5.5 Records 17 6. Capital Contributions; Distributions 18 6.1 Capital Contributi
FLASH FORWARD MASTER AGREEMENT Dated as of July 13, 2010 by and among TOSHIBA CORPORATION, SANDISK CORPORATION and SANDISK FLASH B.V.Flash Forward Master Agreement • August 25th, 2022 • Western Digital Corp • Computer storage devices • California
Contract Type FiledAugust 25th, 2022 Company Industry JurisdictionThis FLASH FORWARD MASTER AGREEMENT, dated as of July 13, 2010, is entered into by and among, on one side, TOSHIBA CORPORATION, a Japanese corporation (“Toshiba”), and, on the other side, SANDISK CORPORATION, a Delaware corporation (“SanDisk Corporation”), and SANDISK FLASH B.V., a company organized under the laws of The Netherlands (“SanDisk Flash,” and collectively with SanDisk Corporation, “SanDisk” and SanDisk together with Toshiba, the “Parties”).