SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 31st, 2018 • Netlist Inc • Semiconductors & related devices • Utah
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of August 27, 2018, is entered into by and between NETLIST, INC., a Delaware corporation (“Company”), and ILIAD RESEARCH AND TRADING, L.P., a Utah limited partnership, its successors and/or assigns (“Investor”).
ContractConvertible Promissory Note • August 31st, 2018 • Netlist Inc • Semiconductors & related devices • Utah
THIS NOTE AND THE INDEBTEDNESS EVIDENCED HEREBY ARE SUBORDINATE IN THE MANNER AND TO THE EXTENT SET FORTH IN THAT CERTAIN SUBORDINATION AGREEMENT (THE “SUBORDINATION AGREEMENT”) DATED AS OF AUGUST 27, 2018 BY AND BETWEEN BORROWER (AS DEFINED BELOW) AND SILICON VALLEY BANK TO THE SENIOR DEBT (AS DEFINED IN THE SUBORDINATION AGREEMENT); AND THE HOLDER OF THIS NOTE, BY ITS ACCEPTANCE HEREOF, SHALL BE BOUND BY THE PROVISIONS OF THE SVB SUBORDINATION AGREEMENT.
