SETTLEMENT AGREEMENTSettlement Agreement • April 13th, 2018 • Potbelly Corp • Retail-eating places • Delaware
Contract Type FiledApril 13th, 2018 Company Industry JurisdictionThis SETTLEMENT AGREEMENT (this “Agreement”) is made and entered into as of April 12, 2018, by and among Potbelly Corporation, a Delaware corporation (the “Company”), on the one hand, and Privet Fund LP, a Delaware limited partnership (“Privet Fund”), Privet Fund Management LLC, a Delaware limited liability company (“Privet Fund Management”), Ryan Levenson, solely in his capacity as a Principal and Portfolio Manager of Privet Fund Management LLC and Ben Rosenzweig, solely in his capacity as a Partner of Privet Fund Management LLC (the “Privet Designee” and collectively with Privet Fund, Privet Fund Management and Ryan Levenson, “Privet”), on the other hand. The Company and Privet are each herein referred to as a “party” and collectively, the “parties.”