TAX MATTERS AGREEMENT by and among FLEX LTD., YUMA, INC. and NEXTRACKER INC. Dated as of [•]Tax Matters Agreement • October 25th, 2023 • Nextracker Inc. • Search, detection, navagation, guidance, aeronautical sys • Delaware
This TAX MATTERS AGREEMENT (this “Agreement”), is entered into as of [•] by and among Flex Ltd., a Singapore registered public company limited by shares and having company registration no. 19002645H acting through its Bermuda branch, having a principal place of business from which it conducts operations in accordance with its permit located at 16 Par-la-Ville Road, Hamilton HM08 Bermuda (“Flex”), Nextracker Inc., a Delaware corporation (“PubCo”) and Yuma, Inc., a Delaware corporation which is an indirect wholly owned Subsidiary of Flex (“NewCo”). “Party” or “Parties” means Flex, PubCo or NewCo, individually or collectively, as the case may be. Capitalized terms used and not defined herein shall have the respective meanings set forth in the Separation Agreement, dated as of February 1, 2022, by and among Flex, PubCo, Nextracker LLC, a Delaware limited liability company, formerly Nextracker Holdings, Inc., and, solely for the purposes of Section 3.8 thereof, Flextronics International USA
