0001104659-17-005365 Sample Contracts

AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • January 31st, 2017 • Dr Pepper Snapple Group, Inc. • Beverages • Delaware

This Amendment No. 1, dated as of January 31, 2017 (this “Amendment”), to the Agreement and Plan of Merger (the “Merger Agreement”), dated as of November 21, 2016, by and among Bai Brands LLC, a New Jersey limited liability company (the “Company”), Dr Pepper Snapple Group, Inc., a Delaware corporation (the “Purchaser”), Superfruit Merger Sub, LLC (“Merger Sub”), and Fortis Advisors LLC, a Delaware limited liability company, in its capacity as the representative of the members of the Company (the “Member Representative”).

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