ContractStock Purchase Warrant • May 12th, 2015 • Netlist Inc • Semiconductors & related devices • New York
NEITHER THIS SECURITY NOR THE SECURITIES FOR WHICH THIS SECURITY IS EXERCISABLE HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
FIRST AMENDMENT TO MONETIZATION LETTER AGREEMENTMonetization Letter Agreement • May 12th, 2015 • Netlist Inc • Semiconductors & related devices • New York
THIS FIRST AMENDMENT TO MONETIZATION LETTER AGREEMENT (this “Amendment”) is entered into as of February 17, 2015 (the “Amendment Date”), by and among Netlist, Inc., a Delaware corporation (“Company”), and Drawbridge Special Opportunities Fund LP, a Delaware limited partnership (“Lender”).
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 12th, 2015 • Netlist Inc • Semiconductors & related devices • New York
THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of February 17, 2015 (the “Amendment Effective Date”), by and among Netlist, Inc., a Delaware corporation (“Borrower”), Fortress Credit Opportunities I LP (the “Lender”), as successor to DBD Credit Funding LLC, a Delaware limited liability company (the “Initial Lender”) and Drawbridge Special Opportunities Fund LP, a Delaware limited partnership (“Drawbridge”).
