AMENDMENT TO LOAN DOCUMENTS
THIS AMENDMENT TO LOAN DOCUMENTS (this “Amendment”) is entered into as of
March 24, 2010, by and between SILICON VALLEY BANK (“Bank” or “Silicon”) and NETLIST, INC., a
Delaware corporation (“Borrower”). Borrower’s chief executive office is located at 51 Discovery, Suite 150,
Irvine, CA 92618.
A. Bank and Borrower are parties to that certain Loan and Security Agreement with an Effective
Date of October 31, 2009 (as amended, modified, supplemented or restated, the “Loan Agreement”) in effect
between Bank and Borrower.
B. Bank has extended credit to Borrower for the purposes permitted in the Loan Agreement.
C. Borrower has requested that Bank amend the Loan Agreement to: (i) remove the BB Blocked
Amount and make certain other conforming modifications in respect thereof, as set forth in Section 2.1 below;
and (ii) increase the Concentration Limit, as set forth in Section 2.2 below; all as more fully set forth herein.
D. Bank has agreed to so amend the Loan Agreement, but only to the extent, in accordance with
the terms, subject to the conditions and in reliance upon the representations and warranties set forth below.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, and intending to be legally bound, the
parties hereto agree as follows:
1. Definitions. Capitalized terms used but not defined in this Amendment shall have the meanings
given to them in the Loan Agreement.
2. Amendments to Loan Documents.
2.1 Removal of the BB Blocked Amount.
(a) Section 2.1.1(a) of the Loan Agreement, which currently reads as follows