8,500,000 Shares(1) NETLIST, INC. Common Stock, $0.001 par value per share PURCHASE AGREEMENTPurchase Agreement • August 17th, 2017 • Netlist Inc • Semiconductors & related devices • New York
Netlist, Inc., a Delaware corporation (the “Company”), proposes to sell to the several underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 8,500,000 shares (the “Firm Shares”) of Common Stock, $0.001 par value per share (the “Common Stock”), of the Company. The Firm Shares consist of authorized but unissued shares of Common Stock to be issued and sold by the Company. The Company also proposes to grant to the Underwriters an option to purchase up to 1,275,000 additional shares of Common Stock on the terms and for the purposes set forth in Section 3 hereof (the “Option Shares”). The Firm Shares and any Option Shares purchased pursuant to this purchase agreement (this “Agreement”) are herein collectively called the “Securities.”
