0001104659-21-120032 Sample Contracts

PURCHASE AGREEMENT
Purchase Agreement • September 28th, 2021 • Netlist Inc • Semiconductors & related devices • Illinois

PURCHASE AGREEMENT (the “Agreement”), dated as of September 28, 2021, by and between NETLIST, INC., a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (the “Investor”).

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REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • September 28th, 2021 • Netlist Inc • Semiconductors & related devices • Illinois

REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of September 28, 2021, by and between NETLIST, INC., a Delaware corporation (the “Company”), and LINCOLN PARK CAPITAL FUND, LLC, an Illinois limited liability company (together with its permitted assigns, the “Investor”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Purchase Agreement by and between the parties hereto, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Purchase Agreement”).

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