−Removed: Unregistered Sales of Equi ty Securities and Use of Proceeds
−Removed: Amended Credit Agreement
−Removed: We are subject to certain restrictions with respect to the use of our working capital and our ability to pay dividends under our Amended Credit Agreement, as described in Note 7, Long-Term Debt — Amended Credit Agreement, in our Notes to Unaudited Condensed Consolidated Financial Statements included in Part I, Item 1, of this Quarterly Report on Form 10-Q, which information is incorporated herein by reference.
+Added: Unregistered Sales of Equity Securities and Use of Proceeds
Defaults Upon Senior Securities
2 unchanged sentences
Exhibit Title
−Removed: Second Amended and Restated Memorandum and Articles of Association of the Company (incorporated by reference to Exhibit 3.1 of the Registrant’s Current Report on Form 8-K filed with the SEC on March 11, 2020).
+Added: Asset Purchase Agreement dated October 18, 2020, between Cree, Inc., SMART Global Holdings, Inc.
+Added: and CreeLED, Inc.
+Added: (formerly known as Chili Acquisition, Inc.)
+Added: Lease Agreement dated October 8, 2020, between SMART Modular Technologies, Inc.
+Added: and Regency Tasman Holdings, LLC (incorporated by reference to Exhibit 10.14 of the Registrant’s Current Report on Form 10-K filed with the SEC on October 22, 2020).
+Added: Second Amendment to Lease, dated as of December 3, 2020, between SMART Modular Technologies, Inc.
+Added: and Thomson Logistics Assets, LLC .
+Added: Loan, Guaranty and Security Agreement dated as of December 23, 2020, among SMART Modular Technologies, Inc., SMART Embedded Computing, Inc., and Penguin Computing, Inc., as borrowers, the financial institutions party thereto as Lenders, and Bank of America, N.A.
+Added: as the agent for the lenders (incorporated by reference to Exhibit 10.1 of the Registrant’s Current Report on Form 8-K filed with the SEC on December 29, 2020).
Certification of Principal Executive Officer pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as adopted pursuant to Section 302(a) of the Sarbanes-Oxley Act of 2002.
4 unchanged sentences
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
−Removed: XBRL Instance Document
−Removed: XBRL Taxonomy Extension Schema Document
−Removed: XBRL Taxonomy Extension Calculation Linkbase Document
−Removed: XBRL Taxonomy Extension Label Linkbase Document
−Removed: XBRL Taxonomy Extension Presentation Linkbase Document
−Removed: XBRL Taxonomy Extension Definition Linkbase Document
+Added: Inline XBRL Instance Document
+Added: Inline XBRL Taxonomy Extension Schema Document
+Added: Inline XBRL Taxonomy Extension Calculation Linkbase Document
+Added: Inline XBRL Taxonomy Extension Label Linkbase Document
+Added: Inline XBRL Taxonomy Extension Presentation Linkbase Document
+Added: Inline XBRL Taxonomy Extension Definition Linkbase Document
+Added: Cover Page Interactive Data File (formatted as inline XBRL with applicable taxonomy extension information contained in Exhibits 101)
+Added: Portions of this exhibit have been omitted pursuant to Rule 601(b)(2) of Regulation S-K.
+Added: The omitted information is not material and would likely cause competitive harm to the registrant if publicly disclosed.
Filed herewith.
2 unchanged sentences
SMART GLOBAL HOLDINGS, INC.
−Removed: /s/ AJAY SHAH
−Removed: Chairman of the Board, President and Chief
−Removed: Executive Officer (Principal Executive Officer)
+Added: January 5, 2021
+Added: /s/ MARK ADAMS
+Added: President and Chief Executive Officer
+Added: (Principal Executive Officer and Director)
+Added: January 5, 2021
/s/ JACK PACHECO
2 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.