CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS ARE MARKED WITH [*****] AND HAVE BEEN FILED SEPARATELY WITH THE SEC. July 18, 2013Monetization Letter Agreement • November 12th, 2013 • Netlist Inc • Semiconductors & related devices • New York
This Letter Agreement (this “Letter Agreement”), entered into as of July 18, 2013 (the “Effective Date”), sets forth an understanding between Drawbridge Special Opportunities Fund LP (“Drawbridge”) and Netlist, Inc. (“Company”) with respect to the repayment of certain amounts loaned by DBD Credit Funding LLC (“Lender”) to Company under that certain Loan and Security Agreement of even date herewith by and between Lender and Company (the “Loan Agreement”). Any capitalized terms used in this Letter Agreement that are not defined herein shall have the respective definitions ascribed to them in the Loan Agreement. In consideration of the amounts extended under the Loan Agreement and the mutual covenants and obligations set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
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”).
