STOCK PURCHASE AGREEMENT BY AND AMONGStock Purchase Agreement • June 13th, 2023 • SMART Global Holdings, Inc. • Semiconductors & related devices • New York
This STOCK PURCHASE AGREEMENT is dated as of June 13, 2023 (this “Agreement”), and is by and among SMART Modular Technologies (LX) S.à. r.l., a société à responsabilité limitée governed by the laws of Grand Duchy of Luxembourg (“Seller”), Lexar Europe B.V., a company organized under the laws of The Netherlands (“Purchaser”), Shenzhen Longsys Electronics Co., Ltd., a company limited by shares governed by the laws of the People’s Republic of China and, as of the date hereof, listed on the Shenzhen Stock Exchange (Stock Code: 301308) (“Parent”), solely for Article IV, Section 5.06 and Section 5.22, Shanghai Intelligent Memory Semiconductor Co., Ltd. ( ), a limited liability company governed by the laws of the People’s Republic of China (“Parent Funding Entity”), and, solely for purposes of Section 3.01, Section 3.02, Section 3.03(b), Section 5.04, Section 5.06, Section 5.16, Section 5.17, Section 5.19, Section 5.20 and Section 11.17, SMART Global Holdings, Inc., a Cayman Islands exempted
