0001628280-24-043646 Sample Contracts

SECOND AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • October 24th, 2024 • Penguin Solutions, Inc. • Semiconductors & related devices • New York

THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of July 30, 2024, is by and among SMART GLOBAL HOLDINGS, INC., a Cayman Islands exempted company (the “Parent Borrower”), SMART MODULAR TECHNOLOGIES, INC., a California corporation (the “Co-Borrower” and, together with the Parent Borrower, the “Borrowers” and each a “Borrower”), the Lenders (as defined below) party hereto and CITIZENS BANK, N.A., as administrative agent (the “Agent”), and acknowledged and agreed to by the Subsidiary Loan Parties. Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement (as defined below).

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THIRD AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • October 24th, 2024 • Penguin Solutions, Inc. • Semiconductors & related devices • New York

THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of August 21, 2024, is by and among SMART GLOBAL HOLDINGS, INC., a Cayman Islands exempted company (the “Parent Borrower”), SMART MODULAR TECHNOLOGIES, INC., a California corporation (the “Co-Borrower” and, together with the Parent Borrower, the “Borrowers” and each a “Borrower”), the Lenders (as defined below) party hereto and CITIZENS BANK, N.A., as administrative agent (the “Agent”), and acknowledged and agreed to by the Subsidiary Loan Parties. Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement (as defined below).

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