SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • July 18th, 2013 • Netlist Inc • Semiconductors & related devices • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of July 17, 2013, between Netlist, Inc., a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
COMMON STOCK PURCHASE WARRANT NETLIST, INC.Common Stock Purchase Warrant • July 18th, 2013 • Netlist Inc • Semiconductors & related devices
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after July , 2013 (the “Initial Exercise Date”) and on or prior to the close of business on the 7 year anniversary of the Initial Exercise Date (the “Termination Date”) but not thereafter, to subscribe for and purchase from Netlist, Inc., a Delaware corporation (the “Company”), up to shares (as subject to adjustment hereunder, the “Warrant Shares”) of the common stock of the Company, par value $0.001 per share, (the “Common Stock”). The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
