NETLIST INC Contracts & Agreements

Form of Series A Warrant (Filed With SEC on October 11, 2024)

Form of Series B Warrant (Filed With SEC on October 11, 2024)

Form of Securities Purchase Agreement dated October 11, 2024 between Netlist, Inc. and the purchasers identified therein (Filed With SEC on October 11, 2024)

Placement Agency Agreement dated October 11, 2024 by and between Netlist, Inc. and Roth Capital Partners, LLC (Filed With SEC on October 11, 2024)

Form of Lock-Up Agreement (Filed With SEC on October 11, 2024)

Amendment No. 4 to Rights Agreement, dated as of April 17, 2024, by and between Netlist, Inc. and Equiniti Trust Company, LLC, as rights agent (Filed With SEC on April 17, 2024)

Loan and Security Agreement, dated November 7, 2023, between Silicon Valley Bank, a division of First-Citizens Bank & Trust Company and Netlist, Inc (Filed With SEC on November 9, 2023)

Form of Warrant (Filed With SEC on August 15, 2023)

Form of Securities Purchase Agreement dated August 14, 2023 between Netlist, Inc. and the purchasers identified therein (Filed With SEC on August 15, 2023)

Placement Agency Agreement dated August 14, 2023 by and between Netlist, Inc. and Roth Capital Partners, LLC (Filed With SEC on August 15, 2023)

Form of Lock-Up Agreement (Filed With SEC on August 15, 2023)

Amendment to Loan and Security Agreement, dated April 29, 2022, by and between Netlist, Inc. and Silicon Valley Bank (Filed With SEC on May 9, 2022)

Purchase Agreement, dated as of September 28, 2021, between Netlist, Inc. and Lincoln Park Capital Fund, LLC (Filed With SEC on September 28, 2021)

Registration Rights Agreement, dated as of September 28, 2021 between Netlist, Inc. and Lincoln Park Capital Fund, LLC (Filed With SEC on September 28, 2021)

Purchase Agreement, dated as of July 12, 2021, between Netlist, Inc. and Lincoln Park Capital Fund, LLC (Filed With SEC on July 12, 2021)

Registration Rights Agreement, dated as of July 12, 2021 between Netlist, Inc. and Lincoln Park Capital Fund, LLC (Filed With SEC on July 12, 2021)

Amendment to Loan and Security Agreement, dated April 9, 2021, by and between Netlist, Inc. and Silicon Valley Bank (Filed With SEC on May 18, 2021)

Lease, dated April 28, 2021, by and between Netlist, Inc. and University Research Park LLC (Filed With SEC on May 3, 2021)

Lease Termination Agreement, dated April 28, 2021, by and between Netlist, Inc. and Spectrum Office Properties II LLC (Filed With SEC on May 3, 2021)

Amendment No. 3 to Rights Agreement, dated as of August 14, 2020, by and between Netlist, Inc. and Computershare Trust Company, N.A., as rights agent (Filed With SEC on August 14, 2020)

First Amendment to Investment Agreement, dated January 23, 2020, by and between Netlist, Inc. and TR Global Funding V, LLC (Filed With SEC on May 8, 2020)

Description of the Registrants Securities (Filed With SEC on March 10, 2020)

Amendment to Loan and Security Agreement, dated February 27, 2020, by and between Netlist, Inc. and Silicon Valley Bank (Filed With SEC on March 10, 2020)

Purchase Agreement, dated March 5, 2020, between Netlist, Inc. and Lincoln Park Capital Fund, LLC (Filed With SEC on March 10, 2020)

Purchase Agreement, dated as of June 24, 2019, between Netlist, Inc. and Lincoln Park Capital Fund, LLC (Filed With SEC on June 24, 2019)

Amendment No. 2 to Rights Agreement, dated as of April 16, 2019, by and between Netlist, Inc. and Computershare Trust Company, N.A., as rights agent (Filed With SEC on April 17, 2019)

Amendment to Loan and Security Agreement, dated March 21, 2019, by and between Netlist, Inc. and Silicon Valley Bank (Filed With SEC on March 22, 2019)

Amended and Restated 2006 Equity Incentive Plan of Netlist, Inc (Filed With SEC on March 22, 2019)

Form of Warrant (Filed With SEC on September 14, 2018)

Form of Securities Purchase Agreement dated September 12, 2018 between Netlist, Inc. and the purchasers identified therein (Filed With SEC on September 14, 2018)

Placement Agent Agreement dated September 12, 2018 by and between Netlist, Inc. and Roth Capital Partners, LLC (Filed With SEC on September 14, 2018)

Securities Purchase Agreement, dated as of August 27, 2018, by and between Netlist, Inc. and Iliad Research and Trading, L.P (Filed With SEC on August 31, 2018)

Convertible Promissory Note, dated as of August 27, 2018, by and between Netlist, Inc. and Iliad Research and Trading, L.P (Filed With SEC on August 31, 2018)

Share Purchase Agreement, dated May 17, 2018, between Netlist, Inc. and the Chun Ki Hong and Won Kyung Cha Community Property Trust (Filed With SEC on May 21, 2018)

Stock Purchase Warrant, dated April 13, 2018, issued by Netlist, Inc (Filed With SEC on May 21, 2018)

Share Purchase Agreement, dated May 17, 2018, between Netlist, Inc. and the Chun Ki Hong and Won Kyung Cha Community Property Trust (Filed With SEC on May 21, 2018)

Amendment No. 1 to Rights Agreement, dated as of April 16, 2018, by and between Netlist, Inc. and Computershare Trust Company, N.A., as rights agent (Filed With SEC on April 17, 2018)

Amendment to Loan and Security Agreement, dated March 20, 2018, by and between Netlist, Inc. and Silicon Valley Bank (Filed With SEC on March 26, 2018)

At Market Issuance Sales Agreement, dated November 13, 2017, between Netlist, Inc. and B. Riley FBR, Inc (Filed With SEC on November 14, 2017)

8,500,000 Shares(1) NETLIST, INC. Common Stock, $0.001 par value per share PURCHASE AGREEMENT (Filed With SEC on August 17, 2017)

AMENDMENT TO LOAN AND SECURITY AGREEMENT (Filed With SEC on August 15, 2017)

Confidential Treatment Requested by Netlist, Inc. NETLIST, INC. INVESTMENT AGREEMENT Dated May 3, 2017 TR GLOBAL FUNDING V, LLC as Investor (Filed With SEC on August 15, 2017)

SECURITY AGREEMENT (Filed With SEC on August 15, 2017)

INTERCREDITOR AGREEMENT (Filed With SEC on August 15, 2017)

AMENDED AND RESTATED INTERCREDITOR AGREEMENT (Filed With SEC on August 15, 2017)

RIGHTS AGREEMENT Dated as of April 17, 2017 Between NETLIST, INC. And COMPUTERSHARE TRUST COMPANY, N.A. As Rights Agent (Filed With SEC on April 17, 2017)

NETLIST, INC. STOCK PURCHASE WARRANT (Filed With SEC on March 31, 2017)

NETLIST, inc. INCENTIVE STOCK OPTION AGREEMENT (Filed With SEC on March 31, 2017)

AMENDMENT TO LOAN AND SECURITY AGREEMENT (Filed With SEC on March 29, 2017)

NETLIST, INC. 9,200,000 Shares of Common Stock UNDERWRITING AGREEMENT (Filed With SEC on September 21, 2016)

NETLIST, INC. 2006 EQUITY INCENTIVE PLAN Re-Approved by the Stockholders on June 8, 2016 (Filed With SEC on June 9, 2016)

INTERCREDITOR AGREEMENT (Filed With SEC on March 4, 2016)

AMENDMENT TO LOAN DOCUMENTS (Filed With SEC on February 1, 2016)

SENIOR SECURED CONVERTIBLE PROMISSORY NOTE (Filed With SEC on November 19, 2015)

NETLIST, INC. STOCK PURCHASE WARRANT (Filed With SEC on November 19, 2015)

AMENDMENT NO. 1 TO STOCK PURCHASE WARRANT (Filed With SEC on November 19, 2015)

SENIOR SECURED CONVERTIBLE PROMISSORY NOTE AND WARRANT PURCHASE AGREEMENT BY AND BETWEEN NETLIST, INC. AND SVIC NO. 28 NEW TECHNOLOGY BUSINESS INVESTMENT L.L.P. NOVEMBER 18, 2015 i (Filed With SEC on November 19, 2015)

REGISTRATION RIGHTS AGREEMENT BY AND BETWEEN NETLIST, INC., AND SVIC NO. 28 NEW TECHNOLOGY BUSINESS INVESTMENT L.L.P. NOVEMBER 18, 2015 (Filed With SEC on November 19, 2015)

FORTRESS CREDIT OPPORTUNITIES I LP DRAWBRIDGE SPECIAL OPPORTUNITIES FUND LP c/o Fortress Credit Corp. 1345 Avenue of the Americas, 46th Floor New York, NY 10105 November 18, 2015 (Filed With SEC on November 19, 2015)

SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (Filed With SEC on May 12, 2015)

CONFIDENTIAL TREATMENT REQUESTED, OMITTED PORTIONS ARE MARKED WITH [*****] AND HAVE BEEN FILED SEPARATELY WITH THE SEC. (Filed With SEC on May 12, 2015)

NETLIST, INC. STOCK PURCHASE WARRANT (Filed With SEC on May 12, 2015)

Amendment to Loan DOCUMENTS (Filed With SEC on March 27, 2015)

7,692,308 Shares(1) NETLIST, INC. Common Stock, $0.001 par value per share PURCHASE AGREEMENT (Filed With SEC on February 19, 2015)

INDEMNIFICATION AGREEMENT (Filed With SEC on May 13, 2014)

7,548,500 Shares(1) NETLIST, INC. Common Stock, $0.001 par value per share PURCHASE AGREEMENT (Filed With SEC on February 6, 2014)

LOAN AND SECURITY AGREEMENT (Filed With SEC on November 12, 2013)

CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS ARE MARKED WITH [*****] AND HAVE BEEN FILED SEPARATELY WITH THE SEC. July 18, 2013 (Filed With SEC on November 12, 2013)

INTELLECTUAL PROPERTY SECURITY AGREEMENT (Filed With SEC on November 12, 2013)

NETLIST, INC. STOCK PURCHASE WARRANT Date of Issuance: July 18, 2013 Certificate No. W-1 (Filed With SEC on November 12, 2013)

Subordination Agreement (Filed With SEC on November 12, 2013)

AMENDMENT TO LOAN DOCUMENTS (Filed With SEC on November 12, 2013)

COMMON STOCK PURCHASE WARRANT NETLIST, INC. (Filed With SEC on July 18, 2013)

SECURITIES PURCHASE AGREEMENT (Filed With SEC on July 18, 2013)

FORBEARANCE TO LOAN AND SECURITY AGREEMENT (Filed With SEC on March 29, 2013)

COMMON STOCK PURCHASE WARRANT NETLIST, INC. (Filed With SEC on December 20, 2012)

SECURITIES PURCHASE AGREEMENT (Filed With SEC on December 20, 2012)

PLACEMENT AGENCY AGREEMENT December 20, 2012 (Filed With SEC on December 20, 2012)

AMENDMENT TO LOAN DOCUMENTS (Filed With SEC on May 15, 2012)

STOCK OPTION AGREEMENT (Employment Inducement Grant) (Filed With SEC on February 28, 2012)

SALES AGREEMENT (Filed With SEC on November 22, 2011)

AMENDMENT TO LOAN DOCUMENTS (Filed With SEC on August 15, 2011)

AMENDMENT TO LOAN DOCUMENTS (Filed With SEC on May 12, 2011)

FIRST AMENDMENT TO LEASE (Filed With SEC on May 12, 2011)

AMENDMENT TO LOAN DOCUMENTS (Filed With SEC on November 16, 2010)

ASIC DESIGN AND PRODUCTION AGREEMENT between OPEN-SILICON, INC. 490 N. McCarthy Blvd., Suite 220 Milpitas, CA 95035 and NETLIST, INC. 51 Discovery, Suite 150 Irvine, CA 92618 (Filed With SEC on November 16, 2010)

CERTAIN INFORMATION (INDICATED BY [***]) IN THIS EXHIBIT HASBEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGECOMMISSION. CONFIDENTIAL TREATMENT HASBEEN REQUESTED... (Filed With SEC on November 16, 2010)

CERTAIN INFORMATION (INDICATED BY [***]) IN THISEXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGECOMMISSION. CONFIDENTIAL TREATMENT HASBEEN REQUESTED... (Filed With SEC on September 21, 2010)

CERTAIN INFORMATION (INDICATED BY [***]) IN THIS EXHIBIT HASBEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGECOMMISSION. CONFIDENTIAL TREATMENT HASBEEN REQUESTED... (Filed With SEC on September 21, 2010)

NETLIST, INC., AMENDED AND RESTATED 2006 EQUITYINCENTIVE PLAN Amended by the Stockholders onJune 2, 2010 (Filed With SEC on August 12, 2010)

AMENDMENT TO LOAN DOCUMENTS (Filed With SEC on August 12, 2010)

AMENDMENT TO LOAN DOCUMENTS (Filed With SEC on May 17, 2010)

RESTRICTEDSTOCK AWARD AGREEMENT (Filed With SEC on May 17, 2010)

CERTAININFORMATION (INDICATED BY [***]) IN THIS EXHIBIT HAS BEEN OMITTED AND FILEDSEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN... (Filed With SEC on May 17, 2010)

CERTAIN INFORMATION (INDICATED BY [***]) IN THIS EXHIBITHAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGECOMMISSION. CONFIDENTIAL TREATMENT HASBEEN REQUESTED... (Filed With SEC on May 17, 2010)

CERTAININFORMATION (INDICATED BY [***]) IN THIS EXHIBIT HAS BEEN OMITTED AND FILEDSEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN... (Filed With SEC on May 17, 2010)

CERTAIN INFORMATION (INDICATED BY [***])IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES ANDEXCHANGE COMMISSION. CONFIDENTIALTREATMENT HAS BEEN REQUESTED... (Filed With SEC on May 17, 2010)

CERTAIN INFORMATION (INDICATED BY [***]) IN THIS EXHIBITHAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGECOMMISSION. CONFIDENTIAL TREATMENT HASBEEN REQUESTED... (Filed With SEC on May 17, 2010)

CERTAININFORMATION (INDICATED BY [***]) IN THIS EXHIBIT HAS BEEN OMITTED AND FILEDSEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN... (Filed With SEC on May 17, 2010)

3,995,000 Shares 599,250 Overallotment Shares NETLIST, INC. Common Stock (par value $0.001 per share) UNDERWRITING AGREEMENT (Filed With SEC on March 19, 2010)

LOAN ANDSECURITY AGREEMENT (Filed With SEC on November 2, 2009)

SubordinationAgreement (Filed With SEC on November 2, 2009)

SECURITYAGREEMENT (Filed With SEC on November 2, 2009)

INTELLECTUAL PROPERTY SECURITYAGREEMENT (Filed With SEC on November 2, 2009)

TENTH AMENDMENT TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT AND WAIVER OF DEFAULTS (Filed With SEC on November 7, 2008)

NINTHAMENDMENT TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (Filed With SEC on May 8, 2008)

51Discovery, Suite 150 Irvine, California 92618 Phone: (949) 435-0025 Fax: (949) 435-0031 (Filed With SEC on September 18, 2007)

EIGHTHAMENDMENT TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (Filed With SEC on August 14, 2007)

LEASE (Multi-Tenant; Net) BETWEEN THE IRVINE COMPANY LLC AND NETLIST, INC. (Filed With SEC on April 6, 2007)

SEVENTHAMENDMENT TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT (Filed With SEC on April 6, 2007)

Account Debtor or Affiliate of Such Account Debtor Concentration Limit Dell Computer Corporation (excluding Dell Computer-Ireland) 40% Kingston Technology 40% Hon Hai Precision... (Filed With SEC on February 28, 2007)

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NETLIST INC Contracts & Agreements