AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • May 23rd, 2022 • Gores Holdings VIII Inc. • Industrial organic chemicals • Delaware
THIS AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER (this “Amendment No. 1”) is made and entered into as of May 20, 2022, by and among Gores Holdings VIII, Inc., a Delaware corporation (“Parent”), Frontier Merger Sub II, LLC, a Delaware limited liability company and a direct, wholly-owned subsidiary of Parent (“Second Merger Sub”), Frontier Merger Sub, Inc., a Delaware corporation and a direct, wholly-owned subsidiary of Second Merger Sub (“First Merger Sub”), and Footprint International Holdco, Inc., a Delaware corporation (the “Company” and together with Parent, First Merger Sub, Second Merger Sub and the Company, the “Parties”), and amends that certain Agreement and Plan of Merger, dated as of December 13, 2021, by and among the Parties (the “Merger Agreement”). Except as otherwise set forth herein, capitalized terms used herein have the meanings set forth in the Merger Agreement.
TERMINATION AGREEMENTTermination Agreement • May 23rd, 2022 • Gores Holdings VIII Inc. • Industrial organic chemicals • Delaware
TERMINATION AGREEMENT (this “Agreement”), dated as of May 20, 2022, by and between Gores Holdings VIII, Inc., a Delaware corporation (the “Company”), and KSP Footprint Investments, LLC, a Delaware limited liability company (“Subscriber”).
AMENDMENT TO WAIVER AND SHARE SURRENDER AGREEMENTWaiver and Share Surrender Agreement • May 23rd, 2022 • Gores Holdings VIII Inc. • Industrial organic chemicals • Delaware
THIS AMENDMENT TO WAIVER AND SHARE SURRENDER AGREEMENT (this “Amendment”) is made and entered into as of May 20, 2022, by and among Gores Holdings VIII, Inc., a Delaware corporation (the “Company”), Gores Sponsor VIII LLC, a Delaware limited liability company (“Sponsor” and together with the Company, the “Parties”), and amends that certain Waiver and Share Surrender Agreement, dated as of December 13, 2021, by and among the Parties (the “Surrender Agreement”). Except as otherwise set forth herein, capitalized terms used herein have the meanings set forth in the Surrender Agreement.
