KRISPY KREME, INC. [•] Shares of Common Stock Underwriting AgreementUnderwriting Agreement • June 25th, 2021 • Krispy Kreme, Inc. • Retail-food stores • New York
Krispy Kreme, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of [•] shares of common stock, par value $0.01 per share (“Common Stock”), of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional [•] shares of Common Stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of Common Stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
CREDIT AGREEMENT dated as of June 13, 2019 among COTTON PARENT, INC. as Holdings,Credit Agreement • June 25th, 2021 • Krispy Kreme, Inc. • Retail-food stores • New York
CREDIT AGREEMENT, dated as of June 13, 2019 (this “Agreement”) among COTTON PARENT, INC., a Delaware corporation (“Holdings”), KRISPY KREME DOUGHNUTS, INC., a North Carolina corporation (the “Parent Borrower”), the LENDERS party hereto from time to time and CITI BANK, N.A. (“Citi”), as Administrative Agent and as Collateral Agent.
NOTE SUBSCRIPTION AGREEMENT dated as of April 15, 2019 Between KRISPY KREME HOLDCO, INC., as Issuer And KK G.P., as Initial HolderNote Subscription Agreement • June 25th, 2021 • Krispy Kreme, Inc. • Retail-food stores • New York
NOTE SUBSCRIPTION AGREEMENT (this “Agreement”), dated as of April 15, 2019, between KRISPY KREME HOLDCO, INC., a Delaware corporation, as issuer (the “Issuer”) and KK G.P., a Delaware general partnership, as the initial holder (the “Initial Holder”).
INVESTOR RIGHTS AGREEMENT by and among KRISPY KREME, INC., JAB HOLDINGS B.V. andInvestor Rights Agreement • June 22nd, 2021 • Krispy Kreme, Inc. • Retail-food stores • Delaware
This INVESTOR RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of [•], 2021, by and among Krispy Kreme, Inc., a Delaware corporation (the “Company”), JAB Holdings B.V. (“JAB”) and the Persons listed on Schedule A hereto (such Persons, in their capacity as holders of Registrable Securities, including any permitted transferees hereunder, the “Holders” and each a “Holder” and, the Holders together with the Company and JAB the “Parties”).
ContractRestricted Stock Unit Agreement • February 9th, 2023 • Krispy Kreme, Inc. • Retail-food stores • Delaware
ContractMatching Award Agreement Terms and Conditions • February 27th, 2024 • Krispy Kreme, Inc. • Retail-food stores • Delaware
TERM LOAN AGREEMENT dated as of June 10, 2021 among KRISPY KREME HOLDINGS, INC. as Borrower THE LENDERS PARTY HERETO and JPMORGAN CHASE BANK, N.A. as Administrative Agent MORGAN STANLEY SENIOR FUNDING, INC. and SANTANDER BANK, N.A. as Joint Lead...Term Loan Agreement • June 22nd, 2021 • Krispy Kreme, Inc. • Retail-food stores • New York
TERM LOAN AGREEMENT dated as of June 10, 2021 (as amended, restated, increased, extended, supplemented or otherwise modified from time to time, this “Agreement”), among KRISPY KREME HOLDINGS, INC., as Borrower, the LENDERS from time to time party hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
JOINDER TO CREDIT AGREEMENTCredit Agreement • July 13th, 2021 • Krispy Kreme, Inc. • Retail-food stores • New York
JOINDER TO CREDIT AGREEMENT, dated as of July 8, 2021 (this “Agreement”) to the Credit Agreement, dated as of June 13, 2019 (as amended by that certain Master Amendment No. 1, dated as of July 8, 2021 (the “Amendment”), and as may be further amended, restated, amended and restated, supplemented and/or otherwise modified from time to time, the “Credit Agreement”), among Cotton Parent, Inc., a Delaware corporation (“Holdings”), Krispy Kreme Doughnuts, Inc., a North Carolina corporation (the “Parent Borrower”), the lenders party thereto from time to time, the Administrative Agent and the Collateral Agent, and the other parties thereto from time to time.
MASTER AMENDMENT NO. 1Credit Agreement • July 13th, 2021 • Krispy Kreme, Inc. • Retail-food stores • New York
Refinancing”), and (B) pay fees, costs and expenses related to the Transactions (including accrued and unpaid interest and applicable premiums). The proceeds of the Revolving Loans and Swingline Loans, and any Letters of Credit, as applicable, will be used (A) on the Closing Date, (i) to fund the Existing Indebtedness Refinancing and to pay fees, costs and expenses related to the Transactions, (ii) to fund working capital needs, and (iii) to replace, backstop or cash collateralize Existing Letters of Credit (including by “grandfathering” such Existing Letters of Credit in the Revolving Facility), and (B) after the Closing Date, for general corporate purposes and for any other purpose not prohibited by the Loan Documents.
SHARE REPURCHASE AGREEMENTShare Repurchase Agreement • June 22nd, 2021 • Krispy Kreme, Inc. • Retail-food stores • Delaware
Share Repurchase Agreement, dated June , 2021 (the “Agreement”), by and between Krispy Kreme, Inc., a Delaware corporation (the “Company”), and the executive whose name appears on the signature line below (the “Shareholder”).
Krispy Kreme Doughnut Corporation Winston Salem, NC 27103Terms and Conditions • June 22nd, 2021 • Krispy Kreme, Inc. • Retail-food stores • North Carolina
You and Krispy Kreme Doughnut Corporation (the “Company”) are entering into an employment agreement, dated as of the date hereof (the “Employment Agreement”), pursuant to which you will serve as Chief Financial Officer of the Company commencing no later than April 1, 2017 (the “Effective Date”). This side letter agreement sets forth our understanding regarding certain provisions of the Employment Agreement related to the Company’s headquarters and your relocation to North Carolina.
ContractExecution Version Unit Purchase Agreement • August 8th, 2024 • Krispy Kreme, Inc. • Retail-food stores • Delaware
JAB Holdings B.V. Piet Heinkade 55 1019 GM Amsterdam The Netherlands Krispy Kreme, Inc. 2116 Hawkins Street Charlotte, North Carolina 28203 Ladies and Gentleman: This letter agreement (this “Agreement”) is made by and among JAB Indulgences B.V., a...Krispy Kreme, Inc. • March 16th, 2022 • Retail-food stores
KRISPY KREME DOUGHNUT CORPORATION KEY EMPLOYEE AGREEMENTKey Employee Agreement • June 22nd, 2021 • Krispy Kreme, Inc. • Retail-food stores • North Carolina
This Key Employee Agreement (this “Agreement”) is entered into as of the 7th day of December, 2016 by and between MICHAEL TATTERSFIELD (“Executive”) and KRISPY KREME DOUGHNUT CORPORATION (the “Company”), a North Carolina corporation.
ContractTransition and Separation Agreement • March 14th, 2024 • Krispy Kreme, Inc. • Retail-food stores • North Carolina
ContractDistribution Agreement • May 11th, 2022 • Krispy Kreme, Inc. • Retail-food stores • New York
EXECUTION VERSION 1271225-NYCSR02A - MSW CREDIT AGREEMENT dated as of March 23, 2023 among KRISPY KREME, INC., as PubCo, COTTON PARENT, INC., as Holdings, KRISPY KREME DOUGHNUTS, INC., as the Parent Borrower, The Other Borrowers Party Hereto From Time...Credit Agreement • March 23rd, 2023 • Krispy Kreme, Inc. • Retail-food stores • New York
INDEMNIFICATION AGREEMENTIndemnification Agreement • June 22nd, 2021 • Krispy Kreme, Inc. • Retail-food stores • Delaware
INDEMNIFICATION AGREEMENT (this “Agreement”), effective as of [DATE], 2021, between Krispy Kreme, Inc., a Delaware corporation (the “Company”), and [NAME OF INDEMNITEE] (“Indemnitee”).
ContractKey Employee Agreement • November 13th, 2023 • Krispy Kreme, Inc. • Retail-food stores • North Carolina
ContractDirector and Advisor Services Agreement • February 27th, 2024 • Krispy Kreme, Inc. • Retail-food stores • North Carolina
ContractOption Agreement • February 9th, 2023 • Krispy Kreme, Inc. • Retail-food stores • Delaware
July 17, 2024 Page 2 2 1. You consent to the treatment of the Insomnia REUs outlined in this Agreement, notwithstanding anything to the contrary contained in the Award Agreement or the Plan or any other document. Further, you accept the terms set...Krispy Kreme, Inc. • August 8th, 2024 • Retail-food stores
