ESCROW AGREEMENTEscrow Agreement • November 5th, 2007 • Clorox Co /De/ • Specialty cleaning, polishing and sanitation preparations • New York
This Escrow Agreement (this “Escrow Agreement”) is made as of , 2007, by and among (the “Escrow Agent”), The Clorox Company, a Delaware corporation (“Purchaser”), Burt’s Bee’s, Inc., a Delaware corporation (the “Company”) and BBI Holdings LP, as Escrow Fund Recipient Agent (the “Escrow Fund Recipient Agent”) on behalf of the Escrow Fund Recipients (including the Securityholders (as of the Effective Time of the Merger) (the “Securityholders”)) of the Company. Capitalized terms used but not otherwise defined herein shall have the meaning set forth in the Merger Agreement (as defined below).
AGREEMENT AND PLAN OF MERGER by and among BURT’S BEES, INC., THE CLOROX COMPANY, BUZZ ACQUISITION CORP. and BBI HOLDINGS LP Dated as of October 30, 2007Merger Agreement • November 5th, 2007 • Clorox Co /De/ • Specialty cleaning, polishing and sanitation preparations • New York
This AGREEMENT AND PLAN OF MERGER (“Agreement”) is made and entered into this 30th day of October, 2007, by and among BURT’S BEES, INC., a Delaware corporation (the “Company”), The Clorox Company, a Delaware corporation (“Purchaser”), Buzz Acquisition Corp., a Delaware corporation wholly owned by Purchaser (“Merger Sub”), and BBI Holdings LP, as the initial Escrow Fund Recipient Agent.
