Common use of Public Statements; Confidentiality Clause in Contracts

Public Statements; Confidentiality. (a) Within four business days after the execution of this Agreement, the Company will file a Current Report on Form 8-K (the “Form 8-K”) to report the parties’ entry into this Agreement. The Form 8-K shall be consistent with the terms of this Agreement. The Company shall provide Impala with a reasonable opportunity to review and comment on the Form 8-K prior to the filing with the SEC and consider in good faith any comments of Impala. The Company will also disclose this Agreement in its definitive proxy statement relating to the 2020 Annual Meeting in a manner consistent with the manner in which it is disclosed in the Form 8-K. (The disclosures contemplated by this Section 7(a), the “Agreement Disclosures”.) (b) Without the prior written consent of the Company, Impala shall not, and shall cause its Representatives not to, disclose to any other person, including by issuing any press release, making any public statement, speaking on the record or on background with the media or otherwise, (i) this Agreement, its existence or any of its terms or conditions or (ii) that discussions or negotiations have taken place between the parties with respect to this Agreement or the subject matter of this Agreement or the Agreement Disclosures (such information in clauses (i) and (ii), the “Agreement Information”). Subject to Section 7(c), Impala hereby agrees and acknowledges that, except as provided in Section 7(a), the Company shall retain full and final authority, in its sole and absolute discretion, with respect to the disclosure, if any, of any Agreement Information. (c) In the event that Impala or any of its Representatives are required by applicable Legal Requirement to disclose any of the Agreement Information, Impala will promptly notify (except where such notice would be legally prohibited) the Company in writing by email and Federal Express so that the Company may seek a protective order or other appropriate remedy (and if the Company seeks such a remedy, Impala will provide such cooperation as the Company shall reasonably request and not oppose such remedy), at the Company’s sole cost and expense. Nothing herein shall be deemed to prevent Impala or its Representatives, as the case may be, from honoring a Legal Requirement that requires discovery, disclosure or production of the Agreement Information if (i) Impala produces or discloses only that portion of the Confidential Information that Impala’s legal counsel advises Impala is legally required to be so produced or disclosed and Impala informs the recipient of such Agreement Information of the existence of this Agreement and the confidential nature of such Agreement Information, or (ii) the Company consents in writing to having the Agreement Information produced or disclosed pursuant to the Legal Requirement. 64834-9001-6440.3

Public Statements; Confidentiality. (a) Within four business days after the execution of this AgreementSeller and Purchaser agree that, the Company unless otherwise required by law, they will file a Current Report on Form 8-K (the “Form 8-K”) to report the parties’ entry into this Agreement. The Form 8-K shall be consistent with the terms of this Agreement. The Company shall provide Impala with a reasonable opportunity to review and comment on the Form 8-K prior to the filing with the SEC and consider in good faith not make any comments of Impala. The Company will also disclose this Agreement in its definitive proxy statement relating to the 2020 Annual Meeting in a manner consistent with the manner in which it is disclosed in the Form 8-K. (The disclosures contemplated by this Section 7(a), the “Agreement Disclosures”.) (b) Without the prior written consent of the Company, Impala shall not, and shall cause its Representatives not to, disclose to any other personpublic statement, including by issuing without limitation, any press release, making any public statement, speaking on the record or on background with the media or otherwise, (i) this Agreement, its existence or any of its terms or conditions or (ii) that discussions or negotiations have taken place between the parties with respect to this Agreement or and the subject matter transactions contemplated hereby without first allowing the other party an opportunity to review such statement and render an approval thereof. It is the intention of this Agreement subparagraph that Seller and Purchaser must agree as to the timing and content of any information contained in any public statement or press release regarding the Agreement Disclosures transaction contemplated hereby. The parties agree to exercise reasonableness when asked to consent to the content of any such press release or other public statement regarding this transaction. Notwithstanding the above, either party may make any public disclosure required by law (such as disclosures required by Form 8-K) without the consent of the other party. Any information supplied by Seller to Purchaser pursuant hereto will be treated as confidential and will not be communicated to any third parties (other than Purchaser’s counsel, accountants and other experts advising Purchaser in clauses connection with this transaction). Such information will be made available by Purchaser only on a need to know basis. The obligation of confidentiality does not apply to any information which: (i) and (ii), was in the “Agreement Information”). Subject to Section 7(c), Impala hereby agrees and acknowledges that, except as provided in Section 7(a), public domain at the Company shall retain full and final authority, in its sole and absolute discretion, with respect to the disclosure, if any, of any Agreement Information. (c) In the event that Impala or any time of its Representatives are required by applicable Legal Requirement communication to disclose any of the Agreement Information, Impala will promptly notify (except where such notice would be legally prohibited) the Company in writing by email and Federal Express so that the Company may seek a protective order or other appropriate remedy (and if the Company seeks such a remedy, Impala will provide such cooperation as the Company shall reasonably request and not oppose such remedy), at the Company’s sole cost and expense. Nothing herein shall be deemed to prevent Impala Purchaser or its Representativesrepresentative, as the case may be, from honoring a Legal Requirement that requires discovery, disclosure or production of the Agreement Information if (i) Impala produces or discloses only that portion of the Confidential Information that Impala’s legal counsel advises Impala is legally required to be so produced or disclosed and Impala informs the recipient of such Agreement Information of the existence of this Agreement and the confidential nature of such Agreement Information, or (ii) enters the Company consents in writing to having the Agreement Information produced or disclosed pursuant public domain through no fault of Purchaser subsequent to the Legal Requirementtime of its communication to Purchaser, and (iii) was in the possession of Purchaser free of any obligation of confidence at the time of its communication to Purchaser or its representatives. 64834-9001-6440.3SIGNATURE PAGE TO REAL PROPERTY PURCHASE AGREEMENT BY AND BETWEEN KRISPY KREME DOUGHNUT CORPORATION, SELLER, and XXXXXX BAKERIES, INC., PURCHASER

Public Statements; Confidentiality. Neither the Seller nor the Purchaser shall issue (anor shall the Seller permit the Company or any of its Affiliates to issue) Within four business any press release or other public statement concerning the transactions contemplated by this Agreement at any time and in any event without first providing the other with a written copy of the text of such release or statement and obtaining the consent of the other respecting such release or statement (which consent may be withheld in each Party’s sole discretion), except that such consent will not be required to the extent disclosure may be required by a Requirement of Law (including, without limitation, stock exchange regulation) or to secure regulatory approval of the transactions contemplated by this Agreement. The Purchaser and the Seller shall keep, and shall cause their respective Affiliates and its and their respective officers, directors, employees and agents to keep, this Agreement, the terms hereof (including, without limitation, the identity of the Purchaser and the Seller), and all documents and information relating hereto, or furnished pursuant to or in connection with, this Agreement or the transactions contemplated hereby confidential, except to the extent disclosure may be required by a Requirement of Law (including, without limitation, stock exchange regulation) or to secure regulatory approval of the transactions contemplated by this Agreement; provided, however, that the Party required to make such disclosure provides the other Party with notice thereof to the extent legally permissible. If the other Party seeks an appropriate protective order or other such remedy as such Party deems appropriate prior to such disclosure, the Party required to make such disclosure (at the other Party’s sole expense) shall provide reasonable cooperation and cause its representatives to provide reasonable cooperation to the other Party in seeking any such remedy. Notwithstanding the foregoing, following the Closing, the restrictions set forth in this Section 11.5 shall not apply to Purchaser’s or any of its Affiliates’ use of documents and information concerning the Company furnished by or on behalf of the Company or the Seller. In the event the transactions contemplated hereby are not consummated and this Agreement is terminated, upon the request of the other Party, each Party shall, and shall cause its Affiliates, promptly (and in no event later than five (5) days after such request) to redeliver or cause to be redelivered all copies of documents and information furnished by the execution other Party in connection with this Agreement or the transactions contemplated hereby and destroy or cause to be destroyed all notes, memoranda, summaries, analyses, compilations and other writings related thereto or based thereon prepared by the Party that furnished such documents and information or its officers, directors, employees and agents. Notwithstanding any other provision of this Agreement, the Company will file a Current Report on Form 8-K (the “Form 8-K”) to report the parties’ entry into this Agreement. The Form 8-K shall be consistent with the terms of this Agreement. The Company shall provide Impala with a reasonable opportunity to review and comment on the Form 8-K prior to the filing with the SEC and consider in good faith any comments of Impala. The Company will also disclose this Agreement in its definitive proxy statement relating to the 2020 Annual Meeting in a manner consistent with the manner in which it is disclosed in the Form 8-K. (The disclosures contemplated by this Section 7(a)Seller, the “Agreement Disclosures”.) Purchaser and the Company (bincluding any of their respective employees, representatives or other agents) Without the prior written consent of the Company, Impala shall not, and shall cause its Representatives not to, may disclose to any other personand all Persons, including by issuing without limitation of any press release, making any public statement, speaking on the record or on background with the media or otherwise, (i) this Agreement, its existence or any of its terms or conditions or (ii) that discussions or negotiations have taken place between the parties with respect to this Agreement or the subject matter of this Agreement or the Agreement Disclosures (such information in clauses (i) and (ii)kind, the “Agreement Information”). Subject to Section 7(c), Impala hereby agrees tax treatment and acknowledges that, except as provided in Section 7(a), the Company shall retain full and final authority, in its sole and absolute discretion, with respect to the disclosure, if any, of any Agreement Information. (c) In the event that Impala or any of its Representatives are required by applicable Legal Requirement to disclose any of the Agreement Information, Impala will promptly notify (except where such notice would be legally prohibited) the Company in writing by email and Federal Express so that the Company may seek a protective order or other appropriate remedy (and if the Company seeks such a remedy, Impala will provide such cooperation as the Company shall reasonably request and not oppose such remedy), at the Company’s sole cost and expense. Nothing herein shall be deemed to prevent Impala or its Representatives, as the case may be, from honoring a Legal Requirement that requires discovery, disclosure or production of the Agreement Information if (i) Impala produces or discloses only that portion of the Confidential Information that Impala’s legal counsel advises Impala is legally required to be so produced or disclosed and Impala informs the recipient of such Agreement Information of the existence tax structure of this Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to the confidential nature of Seller, the Purchaser and the Company relating to such Agreement Informationtax treatment or tax structure; provided that the foregoing does not constitute an authorization to disclose information identifying the Seller, the Purchaser or the Company or any parties to transactions engaged by the Seller, the Purchaser and the Company or (ii) the Company consents in writing to having the Agreement Information produced or disclosed pursuant except to the Legal Requirement. 64834-9001-6440.3extent relating to such tax structure or tax treatment) any nonpublic commercial or financial information.

Public Statements; Confidentiality. Neither the Seller nor the Purchaser shall issue (anor shall the Seller permit the Company or any of its Affiliates to issue) Within four business any press release or other public statement concerning the transactions contemplated by this Agreement at any time and in any event without first providing the other with a written copy of the text of such release or statement and obtaining the consent of the other respecting such release or statement (which consent may be withheld in each Party’s sole discretion), except that such consent will not be required to the extent disclosure may be required by a Requirement of Law (including, without limitation, stock exchange regulation) or to secure regulatory approval of the transactions contemplated by this Agreement. The Purchaser and the Seller shall keep, and shall cause their respective Affiliates and its and their respective officers, directors, employees and agents to keep, this Agreement, the terms hereof (including, without limitation, the identity of the Purchaser and the Seller), and all documents and information relating hereto, or furnished pursuant to or in connection with, this Agreement or the transactions contemplated hereby confidential, except to the extent disclosure may be required by a Requirement of Law (including, without limitation, stock exchange regulation) or to secure regulatory approval of the transactions contemplated by this Agreement; provided, however, that the Party required to make such disclosure provides the other Party with notice thereof to the extent legally permissible. If the other Party seeks an appropriate protective order or other such remedy as such Party deems appropriate prior to such disclosure, the Party required to make such disclosure (at the other Party’s sole expense) shall provide reasonable cooperation and cause its representatives to provide reasonable cooperation to the other Party in seeking any such remedy. Notwithstanding the foregoing, following the Closing, the restrictions set forth in this Section 11.6 shall not apply to Purchaser’s or any of its Affiliates’ use of documents and information concerning the Company furnished by or on behalf of the Company or the Seller. In the event the transactions contemplated hereby are not consummated and this Agreement is terminated, upon the request of the other Party, each Party shall, and shall cause its Affiliates, promptly (and in no event later than five (5) days after such request) to redeliver or cause to be redelivered all copies of documents and information furnished by the execution other Party in connection with this Agreement or the transactions contemplated hereby and destroy or cause to be destroyed all notes, memoranda, summaries, analyses, compilations and other writings related thereto or based thereon prepared by the Party that furnished such documents and information or its officers, directors, employees and agents. Notwithstanding any other provision of this Agreement, the Company will file a Current Report on Form 8-K (the “Form 8-K”) to report the parties’ entry into this Agreement. The Form 8-K shall be consistent with the terms of this Agreement. The Company shall provide Impala with a reasonable opportunity to review and comment on the Form 8-K prior to the filing with the SEC and consider in good faith any comments of Impala. The Company will also disclose this Agreement in its definitive proxy statement relating to the 2020 Annual Meeting in a manner consistent with the manner in which it is disclosed in the Form 8-K. (The disclosures contemplated by this Section 7(a)Seller, the “Agreement Disclosures”.) Purchaser and the Company (bincluding any of their respective employees, representatives or other agents) Without the prior written consent of the Company, Impala shall not, and shall cause its Representatives not to, may disclose to any other personand all Persons, including by issuing without limitation of any press release, making any public statement, speaking on the record or on background with the media or otherwise, (i) this Agreement, its existence or any of its terms or conditions or (ii) that discussions or negotiations have taken place between the parties with respect to this Agreement or the subject matter of this Agreement or the Agreement Disclosures (such information in clauses (i) and (ii)kind, the “Agreement Information”). Subject to Section 7(c), Impala hereby agrees tax treatment and acknowledges that, except as provided in Section 7(a), the Company shall retain full and final authority, in its sole and absolute discretion, with respect to the disclosure, if any, of any Agreement Information. (c) In the event that Impala or any of its Representatives are required by applicable Legal Requirement to disclose any of the Agreement Information, Impala will promptly notify (except where such notice would be legally prohibited) the Company in writing by email and Federal Express so that the Company may seek a protective order or other appropriate remedy (and if the Company seeks such a remedy, Impala will provide such cooperation as the Company shall reasonably request and not oppose such remedy), at the Company’s sole cost and expense. Nothing herein shall be deemed to prevent Impala or its Representatives, as the case may be, from honoring a Legal Requirement that requires discovery, disclosure or production of the Agreement Information if (i) Impala produces or discloses only that portion of the Confidential Information that Impala’s legal counsel advises Impala is legally required to be so produced or disclosed and Impala informs the recipient of such Agreement Information of the existence tax structure of this Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to the confidential nature of Seller, the Purchaser and the Company relating to such Agreement Informationtax treatment or tax structure; provided that the foregoing does not constitute an authorization to disclose information identifying the Seller, the Purchaser or the Company or any parties to transactions engaged by the Seller, the Purchaser and the Company or (ii) the Company consents in writing to having the Agreement Information produced or disclosed pursuant except to the Legal Requirement. 64834-9001-6440.3extent relating to such tax structure or tax treatment) any nonpublic commercial or financial information.

Public Statements; Confidentiality. (a) Within four business days after Except as required by law or as necessary to obtain the execution Court Order and approval of the Form A, Purchaser and Conservator shall not engage in, encourage, or support any publicity or disclosure of any kind or form in connection with this Agreement or the transactions contemplated hereby unless Purchaser and Conservator mutually agree in advance on the form, timing, and contents of any such publicity, announcement, or disclosure, whether to the financial community, Governmental Authorities, or to the public generally. Purchaser and Conservator may disclose the transactions contemplated by this Agreement without the consent or agreement of the other party to their members, directors, officers, employees and agents that are bound by similar confidentiality provisions, the CDI and the Conservation Court if it believes that such disclosure is required or advisable provided that it describes such intended disclosure to the other party hereto in advance and the disclosing party seeks confidential treatment for such portions of the disclosure or filing as may be requested by the other party. Notwithstanding the foregoing, nothing in this Section 12.4 shall prohibit Purchaser from disclosing the transactions contemplated pursuant to this Agreement to financial institutions in negotiations regarding financing related to such transactions. Purchaser and Conservator shall keep this Agreement, the Company will file a Current Report on Form 8-K (the “Form 8-K”) to report the parties’ entry into terms hereof, and all documents and information relating hereto, or furnished pursuant to, or in connection with this Agreement, or the transactions contemplated hereby, confidential, except as may be required by law. The Form 8-K No party or its respective affiliates, officers, directors, members or principals shall be consistent with use the terms name of this Agreement. The Company shall provide Impala with a reasonable opportunity to review and comment on the Form 8-K prior to the filing with the SEC and consider other party in good faith any comments of Impala. The Company will also disclose this Agreement in its definitive proxy statement relating to the 2020 Annual Meeting in a manner consistent with the manner in which it is disclosed in the Form 8-K. (The disclosures contemplated by this Section 7(a)press release, the “Agreement Disclosures”.) (b) Without notice or other publication without the prior written consent of the Companysuch other party, Impala which shall notnot be unreasonably withheld or delayed, and provided, however, that this subparagraph of Section 12.4 shall cause its Representatives not to, disclose apply with respect to any other person, including by issuing any press release, making any public statement, speaking on the record or on background communications with the media or otherwise, (i) this AgreementAmTrust North America, its existence or any of its terms or conditions or (ii) that discussions or negotiations have taken place between the parties with respect to this Agreement or the subject matter of this Agreement or the Agreement Disclosures (such information in clauses (i) and (ii), the “Agreement Information”). Subject to Section 7(c), Impala hereby agrees and acknowledges that, except as provided in Section 7(a), the Company shall retain full and final authority, in its sole and absolute discretion, with respect to the disclosure, if any, of any Agreement Information. (c) In the event that Impala or any of its Representatives are required by applicable Legal Requirement to disclose any of the Agreement Information, Impala will promptly notify (except where such notice would be legally prohibited) the Company in writing by email and Federal Express so that the Company may seek a protective order or other appropriate remedy (and if the Company seeks such a remedy, Impala will provide such cooperation as the Company shall reasonably request and not oppose such remedy), at the Company’s sole cost and expense. Nothing herein shall be deemed to prevent Impala or its Representatives, as the case may be, from honoring a Legal Requirement that requires discovery, disclosure or production of the Agreement Information if (i) Impala produces or discloses only that portion of the Confidential Information that Impala’s legal counsel advises Impala is legally required to be so produced or disclosed and Impala informs the recipient of such Agreement Information of the existence of this Agreement and the confidential nature of such Agreement Information, or Inc.; (ii) the Company consents in writing to having CDI; (iii) any Governmental Authority that issued any of the Agreement Information produced Certificates of Authority; or disclosed pursuant to (iv) the Legal Requirement. 64834-9001-6440.3Company’s former shareholders.

Public Statements; Confidentiality. (a) Within four business days after None of the execution Seller Bank, on the one hand, or Parent or State Bank, on the other hand, shall issue any press release or make any public announcement or comment concerning this Agreement, the Letters of Transmittal and the Shareholder Written Consents or the transactions contemplated hereby and thereby without obtaining the prior written approval of Parent or the Seller Bank, as applicable (which approval will not be unreasonably withheld, conditioned or delayed), unless and only to the extent, (i) disclosure by a Party is required to enforce its rights and remedies under this Agreement or (ii) in the judgment of such Party upon the advice of its outside counsel, disclosure is required by applicable Law (including the periodic reporting requirements under the Exchange Act) or under the rules of any securities exchange on which the securities of such Party or any of its Affiliates are listed; provided that to the extent so required by applicable Law, the Party intending to issue such press release or make such public announcement or comment shall use its reasonable best efforts consistent with applicable Law to consult with the other Parties in advance of such press release, public announcement or comment with respect to the text or content thereof. (b) Each of the Parties shall keep this Agreement, the Letters of Transmittal and the Shareholder Written Consents and the terms and conditions set forth herein and therein strictly confidential and shall not disclose or otherwise make any of the foregoing available to any other Person and shall not publicly file copies of this Agreement, the Company will file Letters of Transmittal and the Shareholder Written Consents, except (i) where such disclosure, availability or filing, upon the advice of outside counsel, is required by applicable Law (including the periodic reporting requirements under the Exchange Act) and only to the extent required by such Law or under the rules of any securities exchange on which the securities of such Party or any of its Affiliates are listed, (ii) disclosure by any Significant Shareholder or their respective Affiliates of customary information to investors or potential investors of such Significant Shareholder or to investors or potential investors of any Affiliate of such Significant Shareholder who are subject to customary confidentiality obligations, (iii) disclosure by a Current Report on Form 8-K (the “Form 8-K”) Party is required to report the parties’ entry into enforce its rights and remedies under this Agreement, (iv) disclosure by a Party if such disclosure is required to comply with such Party’s obligations under Section 6.02, (v) disclosure as may be necessary or appropriate in connection with any Tax matter and (vi) as otherwise agreed by each of the Parties. The Form 8-K shall be consistent with In the event that any such disclosure, availability or filing is required by applicable Law (other than any filing required by the Exchange Act or the Securities Act), each Party agrees to use its commercially reasonable efforts to obtain “confidential treatment” or similar treatment of this Agreement, the Letters of Transmittal and the Shareholder Written Consents and to redact such terms of this Agreement. The Company shall provide Impala with a reasonable opportunity to review and comment on the Form 8-K prior to the filing with the SEC and consider in good faith any comments of Impala. The Company will also disclose this Agreement in its definitive proxy statement relating to the 2020 Annual Meeting in a manner consistent with the manner in which it is disclosed in the Form 8-K. (The disclosures contemplated by this Section 7(a), the “Agreement Disclosures”.) (b) Without Letters of Transmittal and the prior written consent of the Company, Impala shall not, and shall cause its Representatives not to, disclose to any other person, including by issuing any press release, making any public statement, speaking on the record or on background with the media or otherwise, (i) this Agreement, its existence or any of its terms or conditions or (ii) that discussions or negotiations have taken place between the parties with respect to this Agreement or the subject matter of this Agreement or the Agreement Disclosures (such information in clauses (i) and (ii), the “Agreement Information”). Subject to Section 7(c), Impala hereby agrees and acknowledges that, except as provided in Section 7(a), the Company shall retain full and final authority, in its sole and absolute discretion, with respect to the disclosure, if any, of any Agreement Information. (c) In the event that Impala or any of its Representatives are required by applicable Legal Requirement to disclose any of the Agreement Information, Impala will promptly notify (except where such notice would be legally prohibited) the Company in writing by email and Federal Express so Shareholder Written Consents that the Company may seek a protective order or other appropriate remedy (and if the Company seeks such a remedy, Impala will provide such cooperation as the Company Parties shall reasonably request and not oppose such remedy), at the Company’s sole cost and expense. Nothing herein shall be deemed to prevent Impala or its Representatives, as the case may be, from honoring a Legal Requirement that requires discovery, disclosure or production of the Agreement Information if (i) Impala produces or discloses only that portion of the Confidential Information that Impala’s legal counsel advises Impala is legally required to be so produced or disclosed and Impala informs the recipient of such Agreement Information of the existence of this Agreement and the confidential nature of such Agreement Information, or (ii) the Company consents in writing to having the Agreement Information produced or disclosed pursuant to the Legal Requirement. 64834-9001-6440.3request.