0001213900-22-052924 Sample Contracts

AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • September 1st, 2022 • Purple Innovation, Inc. • Household furniture • Utah

This Agreement and Plan of Merger (this “Agreement”) is made and entered into as of August 31, 2022, by and among: Purple Innovation, Inc., a Delaware corporation (“Parent”), Gelato Intermediate, LLC, a Delaware limited liability company (“Purchaser”); Gelato Merger Sub, Inc., a Utah corporation and wholly owned subsidiary of Purchaser (“Merger Sub”); Advanced Comfort Technologies, Inc., a Utah corporation (“Company”); and D. Scott Peterson, an individual, as Stockholders’ Agent. Capitalized terms used in this Agreement are defined or referenced in Exhibit A attached hereto.

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