FORM OF INDEMNITY AGREEMENTIndemnification Agreement • August 18th, 2006 • Netlist Inc • Delaware
THIS INDEMNITY AGREEMENT (this "Agreement"), dated as of , 200 , is made by and between Netlist, Inc., a Delaware corporation (the "Company"), and (the "Indemnitee").
QuickLinks -- Click here to rapidly navigate through this documentEmployment Agreement • August 18th, 2006 • Netlist Inc • California
This letter will serve as the entire agreement between Netlist, Inc. (the "Company") and you, Lee Kim (the "Employee"), with respect to your employment with the Company.
THIRD AMENDMENT TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • August 18th, 2006 • Netlist Inc
THIS AMENDMENT, dated as of February 14, 2006, is made by and between NETLIST, INC., a Delaware corporation, and NETLIST TECHNOLOGY TEXAS, L.P., a Texas limited partnership (each a "Borrower" and collectively, the "Borrowers"), on the one hand, and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Lender"), acting through its WELLS FARGO BUSINESS CREDIT operating division.
FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • August 18th, 2006 • Netlist Inc
This Amendment, dated as of July 28, 2006, is made by and between NETLIST, INC., a Delaware corporation, and NETLIST TECHNOLOGY TEXAS, L.P., a Texas limited partnership (each a "Borrower" and collectively, the "Borrowers"), on the one hand, and WELLS FARGO BANK, NATIONAL ASSOCIATION (as more fully defined in Paragraph 1 of this Amendment, the "Lender"), acting through its WELLS FARGO BUSINESS CREDIT operating division, on the other hand.
MASTER SALES AND SUPPLY AGREEMENT BY AND BETWEEN NETLIST, INC. AND NETLIST TECHNOLOGY TEXAS LP EFFECTIVE AS OF January 1, 2004Sales Contracts • August 18th, 2006 • Netlist Inc • California
This AGREEMENT is entered into as of January 1, 2004 (the "Effective Date"), by and between Netlist, Inc. (the "Supplier"), a Delaware corporation, and Netlist Technology Texas LP (the "Purchaser"), a Texas limited partnership.
SECOND AMENDMENT TO CREDIT AND SECURITY AGREEMENT AND WAIVER OF DEFAULTSCredit and Security Agreement • August 18th, 2006 • Netlist Inc
THIS AMENDMENT, dated as of December , 2005, is made by and between NETLIST, INC., a Delaware corporation, and NETLIST TECHNOLOGY TEXAS, L.P., a Texas limited partnership (each a "Borrower" and collectively, the "Borrowers"), on the one hand, and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Lender"), acting through its WELLS FARGO BUSINESS CREDIT operating division.
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • August 18th, 2006 • Netlist Inc
This First Amendment to Amended and Restated Credit Agreement (this "Amendment"), dated as of June , 2004, is made by and between NETLIST, INC., a Delaware corporation, and NETLIST TECHNOLOGY TEXAS, L.P., a Texas limited partnership (each a "Borrower" and collectively, the "Borrowers"), on the one hand, and WELLS FARGO BUSINESS CREDIT, INC., a Minnesota corporation (the "Lender"), on the other hand.
MANAGEMENT FEE AGREEMENT BETWEEN NETLIST, INC. AND NETLIST TECHNOLOGY TEXAS LPManagement Fee Agreement • August 18th, 2006 • Netlist Inc • California
This Management Fee Agreement ("Agreement") made and entered into as of January 1, 2004, by and between Netlist, Inc. and Netlist Technology Texas LP has reference to the following facts and circumstances:
FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT AND WAIVER OF DEFAULTSCredit and Security Agreement • August 18th, 2006 • Netlist Inc
THIS AMENDMENT, dated as of April , 2006, is made by and between NETLIST, INC., a Delaware corporation, and NETLIST TECHNOLOGY TEXAS, L.P., a Texas limited partnership (each a "Borrower" and collectively, the "Borrowers"), on the one hand, and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Lender"), acting through its WELLS FARGO BUSINESS CREDIT operating division.
Tatum, LLC Full-Time Permanent Engagement Resources AgreementFull-Time Permanent Engagement Resources Agreement • August 18th, 2006 • Netlist Inc • Georgia
Tatum, LLC ("Tatum") understands that Netlist, Inc. (the "Company") desires to hire Lee Kim, one of our partners, as an employee of the Company (the "Employee"). The Company acknowledges that the Employee is and will remain a partner in our firm so that he will have access to our firm's resources for use in his employment with the Company. This Full-Time Permanent Engagement Resources Agreement (the "Resources Agreement") sets forth the rights of the Company, through the Employee, to use such resources for the benefit of the Company and for the payment for such services.
AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT AMONG NETLIST, INC. AND NETLIST TECHNOLOGY TEXAS LP, AS BORROWERS AND WELLS FARGO BUSINESS CREDIT, INC. AS LENDER as of December 27, 2003Credit and Security Agreement • August 18th, 2006 • Netlist Inc • California
WHEREAS, Netlist and the Lender previously entered into that certain Credit and Security Agreement, dated as of July 2, 2003, as amended by that certain First Amendment to Credit and Security Agreement, dated as of October 30, 2003, and a second amendment which is also entitled the First Amendment to Credit and Security Agreement, dated as of December 5, 2003 (as so amended, the "Prior Agreement").
