0001193125-21-199935 Sample Contracts

KRISPY KREME, INC. [•] Shares of Common Stock Underwriting Agreement
Underwriting Agreement • June 25th, 2021 • Krispy Kreme, Inc. • Retail-food stores • New York

Krispy Kreme, 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 (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional [•] shares of Common Stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of Common Stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.

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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 25th, 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”).

CREDIT AGREEMENT dated as of June 13, 2019 among COTTON PARENT, INC. as Holdings,
Credit Agreement • June 25th, 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.

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