Fourth Amendment to Convertible Unsecured Promissory Note between SemiLEDs Corporation and Simplot Taiwan Inc.
This amendment updates the terms of a convertible unsecured promissory note between SemiLEDs Corporation and Simplot Taiwan Inc. It changes the conversion price for the note to the closing price immediately before the amendment was signed and confirms that the total principal and interest will be converted into SemiLEDs common stock issued to Simplot Taiwan Inc. All other terms of the original note remain unchanged. The amendment is effective as of January 5, 2024.
Exhibit 10.1
FOURTH AMENDMENT TO CONVERTIBLE UNSECURED PROMISSORY NOTE
This Fourth Amendment to Convertible Unsecured Promissory Note (this “Fourth Amendment”) is entered into as of January 5, 2024 (“Effective Date”) by and between SemiLEDs Corporation (“Borrower”) and Simplot Taiwan Inc. (“Lender”) (Borrower and Lender are hereinafter collectively referred to as “Parties”, and individually a “Party”)
WHEREAS, Borrower and J. R. Simplot Company (the “Original Noteholder”) entered into that certain Convertible Unsecured Promissory Note as of November 25, 2019 (the “Original Note”), and amended on May 26, 2021 to (i) document the change of the amount of the Original Note and (ii) extend the Maturity Date of the Original Note, the Maturity Date thereunder being May 30, 2022; and further amended on May 30, 2022 and on June 6, 2023 to extend the Maturity Date of the Original Note; the Maturity Date thereunder being May 30, 2024 (the “Amendments”, and together with the Original Note, the “Note”).
WHEREAS, J. R. Simplot Company (the “Original Noteholder”) assigned and transferred all of the Original Noteholder’s right, title and interest in the Note to Simplot Taiwan Inc. on February 20, 2020.
NOW, THEREFORE, the Parties desire to document the change of the amount of the loan facility as follows:
The Parties hereto have caused this Fourth Amendment to be executed and delivered as of the Effective Date.
DOCPROPERTY DocumentNumber 000242760-1.3
Exhibit 10.1
SemiLEDs Corporation
By: /s/ Christopher Lee
Name: Christopher Lee
Title: Chief Financial Officer
Simplot Taiwan Inc.
By: /s/ Scott R. Simplot
Name: Scott R. Simplot
Title: Director_______
DOCPROPERTY DocumentNumber 000242760-1.3