The Duckhorn Portfolio, Inc. [ ● ] Shares of Common Stock Underwriting AgreementUnderwriting Agreement • March 10th, 2021 • Duckhorn Portfolio, Inc. • Beverages • New York
The Duckhorn Portfolio, 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, and certain stockholders of the Company named in Schedule 2 hereto (the “Selling Stockholders”) propose to sell to the several Underwriters an aggregate of [ ● ] shares of Common Stock of the Company (collectively, the “Underwritten Shares”). In addition, the Company proposes to issue and sell, at the option of the Underwriters, up to an additional [ ● ] shares of Common Stock of the Company, and the Selling Stockholders propose to sell, at the option of the Underwriters, up to an additional [ ● ] shares of Common Stock of the Company (collectively, the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as t
THE DUCKHORN PORTFOLIO, INC. NON-STATUTORY STOCK OPTION AGREEMENTNon-Statutory Stock Option Agreement • March 10th, 2021 • Duckhorn Portfolio, Inc. • Beverages
This agreement (this “Agreement”) evidences a stock option granted by The Duckhorn Portfolio, Inc., a Delaware corporation (the “Company”), to the individual named above (the “Participant”), pursuant to and subject to the terms of the The Duckhorn Portfolio, Inc. 2021 Equity Incentive Plan (as from time to time amended and in effect, the “Plan”). Except as otherwise defined herein, all capitalized terms used herein have the same meaning as in the Plan.
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 10th, 2021 • Duckhorn Portfolio, Inc. • Beverages • California
This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of March 8, 2021 by and among Duckhorn Wine Company (the “Company”), The Duckhorn Portfolio, Inc. (“Parent,” together with the Company, the “Companies”) and Zach Rasmuson (the “Executive”), and is effective as of the day prior to the date on which Parent becomes subject to the reporting obligations of Section 12 of the Securities Exchange Act of 1934, as amended (the “Effective Date”). This Agreement amends and restates in its entirety the employment agreement by and between the Company and the Executive, effective as of October 14, 2016 (the “Prior Agreement”).
THE DUCKHORN PORTFOLIO, INC. RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • March 10th, 2021 • Duckhorn Portfolio, Inc. • Beverages
This agreement (this “Agreement”) evidences a grant (the “Award”) of Restricted Stock Units (“RSUs”) by The Duckhorn Portfolio, Inc., a Delaware corporation (the “Company”), to the individual named above (the “Participant”), pursuant to and subject to the terms of The Duckhorn Portfolio, Inc. 2021 Equity Incentive Plan (as from time to time amended and in effect, the “Plan”). Except as otherwise defined herein, all capitalized terms used herein have the same meaning as in the Plan.
