0001193125-21-195910 Sample Contracts

TERM LOAN AGREEMENT dated as of June 10, 2021 among KRISPY KREME HOLDINGS, INC. as Borrower THE LENDERS PARTY HERETO and JPMORGAN CHASE BANK, N.A. as Administrative Agent MORGAN STANLEY SENIOR FUNDING, INC. and SANTANDER BANK, N.A. as Joint Lead...
Term Loan Agreement • June 22nd, 2021 • Krispy Kreme, Inc. • Retail-food stores • New York

TERM LOAN AGREEMENT dated as of June 10, 2021 (as amended, restated, increased, extended, supplemented or otherwise modified from time to time, this “Agreement”), among KRISPY KREME HOLDINGS, INC., as Borrower, the LENDERS from time to time party hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent.

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NOTE SUBSCRIPTION AGREEMENT dated as of April 15, 2019 Between KRISPY KREME HOLDCO, INC., as Issuer And KK G.P., as Initial Holder
Note Subscription Agreement • June 22nd, 2021 • Krispy Kreme, Inc. • Retail-food stores • New York

NOTE SUBSCRIPTION AGREEMENT (this “Agreement”), dated as of April 15, 2019, between KRISPY KREME HOLDCO, INC., a Delaware corporation, as issuer (the “Issuer”) and KK G.P., a Delaware general partnership, as the initial holder (the “Initial Holder”).

INVESTOR RIGHTS AGREEMENT by and among KRISPY KREME, INC., JAB HOLDINGS B.V. and
Investor Rights Agreement • June 22nd, 2021 • Krispy Kreme, Inc. • Retail-food stores • Delaware

This INVESTOR RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of [•], 2021, by and among Krispy Kreme, Inc., a Delaware corporation (the “Company”), JAB Holdings B.V. (“JAB”) and the Persons listed on Schedule A hereto (such Persons, in their capacity as holders of Registrable Securities, including any permitted transferees hereunder, the “Holders” and each a “Holder” and, the Holders together with the Company and JAB the “Parties”).

CREDIT AGREEMENT dated as of June 13, 2019 among COTTON PARENT, INC. as Holdings,
Credit Agreement • June 22nd, 2021 • Krispy Kreme, Inc. • Retail-food stores • New York

CREDIT AGREEMENT, dated as of June 13, 2019 (this “Agreement”) among COTTON PARENT, INC., a Delaware corporation (“Holdings”), KRISPY KREME DOUGHNUTS, INC., a North Carolina corporation (the “Parent Borrower”), the LENDERS party hereto from time to time and CITI BANK, N.A. (“Citi”), as Administrative Agent and as Collateral Agent.

SHARE REPURCHASE AGREEMENT
Share Repurchase Agreement • June 22nd, 2021 • Krispy Kreme, Inc. • Retail-food stores • Delaware

Share Repurchase Agreement, dated June , 2021 (the “Agreement”), by and between Krispy Kreme, Inc., a Delaware corporation (the “Company”), and the executive whose name appears on the signature line below (the “Shareholder”).

Krispy Kreme Doughnut Corporation Winston Salem, NC 27103
Employment Agreement • June 22nd, 2021 • Krispy Kreme, Inc. • Retail-food stores • North Carolina

You and Krispy Kreme Doughnut Corporation (the “Company”) are entering into an employment agreement, dated as of the date hereof (the “Employment Agreement”), pursuant to which you will serve as Chief Financial Officer of the Company commencing no later than April 1, 2017 (the “Effective Date”). This side letter agreement sets forth our understanding regarding certain provisions of the Employment Agreement related to the Company’s headquarters and your relocation to North Carolina.

KRISPY KREME DOUGHNUT CORPORATION KEY EMPLOYEE AGREEMENT
Key Employee Agreement • June 22nd, 2021 • Krispy Kreme, Inc. • Retail-food stores • North Carolina

This Key Employee Agreement (this “Agreement”) is entered into as of the 7th day of December, 2016 by and between MICHAEL TATTERSFIELD (“Executive”) and KRISPY KREME DOUGHNUT CORPORATION (the “Company”), a North Carolina corporation.

INDEMNIFICATION AGREEMENT
Indemnification Agreement • June 22nd, 2021 • Krispy Kreme, Inc. • Retail-food stores • Delaware

INDEMNIFICATION AGREEMENT (this “Agreement”), effective as of [DATE], 2021, between Krispy Kreme, Inc., a Delaware corporation (the “Company”), and [NAME OF INDEMNITEE] (“Indemnitee”).

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