AMENDED AND RESTATED WARRANT AGREEMENTWarrant Agreement • June 30th, 2020 • Whole Earth Brands, Inc. • Sugar & confectionery products • New York
THIS AMENDED AND RESTATED WARRANT AGREEMENT (this “Agreement”), dated as of June 25, 2020, is by and between Whole Earth Brands, Inc., a Delaware corporation (f/k/a Act II Global Acquisition Corp., a Cayman Islands exempted company) (the “Company”) and Continental Stock Transfer & Trust Company, a New York corporation, as warrant agent (the “Warrant Agent”, also referred to herein, in its capacity as the Company’s transfer agent, as the “Transfer Agent”).
ESCROW AGREEMENTEscrow Agreement • June 30th, 2020 • Whole Earth Brands, Inc. • Sugar & confectionery products • New York
THIS ESCROW AGREEMENT (this “Agreement”) is made and entered into as of June 25, 2020, by and among Whole Earth Brands, Inc. (f/k/a Act II Global Acquisition Corp.), a Delaware corporation (“Purchaser”), Act II Global LLC, a Delaware limited liability company (“Purchaser Sponsor”), and Continental Stock Transfer & Trust Company, a New York corporation (the “Escrow Agent”). Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such term in the Purchase Agreement (as defined below).
LOAN AGREEMENT AMONG WHOLE EARTH BRANDS, INC., AS BORROWER THE FINANCIAL INSTITUTIONS WHOSE NAMES APPEAR AS LENDERS ON THE SIGNATURE PAGES HEREOF, AND TORONTO DOMINION (TEXAS) LLC, AS ADMINISTRATIVE AGENT WITH BOFA SECURITIES, INC., AS SYNDICATION...Loan Agreement • June 30th, 2020 • Whole Earth Brands, Inc. • Sugar & confectionery products • New York
This Loan Agreement (this “Agreement”) is entered into as of June 25, 2020, by and among Whole Earth Brands, Inc., a Delaware corporation (formerly Act II Global Acquisition Corp., a Cayman Islands exempted company) (the “Borrower”), the financial institutions signatory hereto (together with their respective successors and permitted assigns, the “Lenders”) and Toronto Dominion (Texas) LLC, as administrative agent (together with its successors and permitted assigns, the “Administrative Agent”) for itself and on behalf of the Lenders and the Issuing Bank.
