0001213900-24-073448 Sample Contracts

SUBSCRIPTION AGREEMENT in connection with
Subscription Agreement • August 28th, 2024 • Heritage Distilling Holding Company, Inc. • Beverages • Delaware

This Subscription Agreement (the “Agreement”) is executed by the undersigned (the “Subscriber”) in connection with the offering (the “Offering”) by Heritage Distilling Holding Company, Inc., a Delaware corporation (the “Company”), of up to 500,000 Common Stock Purchase Warrants of the Company (each, a “Common Warrant”), plus an additional 75,000 Common Warrants to cover over-subscriptions, if any], at a purchase price of $[ ] per Common Warrant. The form and terms of the Common Warrants are set in Addendum A attached hereto.

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Form of outstanding restricted stock units issued under the 2019 Plan after January 1, 2024 HERITAGE DISTILLING HOLDING COMPANY, INC. RESTRICTED STOCK UNIT AWARD AGREEMENT
Restricted Stock Unit Award Agreement • August 28th, 2024 • Heritage Distilling Holding Company, Inc. • Beverages • Delaware

This Restricted Stock Award Agreement (“Agreement”) is made and entered into as of the date of grant set forth below (“Date of Grant”) by and between Heritage Distilling Holding Company, Inc., a Delaware corporation (“Company”), and the participant named below (“Participant”). Capitalized terms not defined herein shall have the respective meanings ascribed to them in the Company’s 2019 Stock Incentive Plan (“Plan”). A copy of the Plan has been provided to Participant.

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