0001437749-14-012337 Sample Contracts

TENDER AND SUPPORT AGREEMENT

Tender and Support Agreement • July 2nd, 2014 • Vitacost.com, Inc. • Retail-catalog & mail-order houses • Delaware

• Contract Type
  Tender and Support Agreement
• Filed
  July 2nd, 2014
• Company
  Vitacost.com, Inc.
• Industry
  Retail-catalog & mail-order houses
• Jurisdiction
  Delaware

TENDER AND SUPPORT AGREEMENT, dated as of July 1, 2014 (this “Agreement”), among The Kroger Co., an Ohio corporation (“Parent”), Vigor Acquisition Corp., a Delaware corporation (“Acquisition Sub”), and the Person listed as “Stockholder” on the signature page hereto (“Stockholder”).

AGREEMENT AND PLAN OF MERGER by and among THE KROGER CO., VIGOR ACQUISITION CORP. and VITACOST.COM, INC. Dated as of July 1, 2014

Merger Agreement • July 2nd, 2014 • Vitacost.com, Inc. • Retail-catalog & mail-order houses • Delaware

• Contract Type
  Merger Agreement
• Filed
  July 2nd, 2014
• Company
  Vitacost.com, Inc.
• Industry
  Retail-catalog & mail-order houses
• Jurisdiction
  Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of July 1, 2014 by and among The Kroger Co., an Ohio corporation (“Parent”), Vigor Acquisition Corp., a Delaware corporation and a wholly-owned subsidiary of Parent (“Acquisition Sub”), and Vitacost.com, Inc., a Delaware corporation (the “Company”).