ROCKY MOUNTAIN CHOCOLATE FACTORY EXCLUSIVE SUPPLIER OPERATING AGREEMENTExclusive Supplier Operating Agreement • December 23rd, 2019 • Rocky Mountain Chocolate Factory, Inc. • Sugar & confectionery products • Delaware
This EXCLUSIVE SUPPLIER OPERATING AGREEMENT (this “Agreement”) is made and entered into on this 20th day of December, 2019 (the “Effective Date”) by and between Rocky Mountain Chocolate Factory, Inc., a Delaware corporation (“RMCF”) and Edible Arrangements, LLC, a Delaware limited liability company (“EA”). RMCF and EA may be referred to herein individually as a “Party” or collectively as the “Parties”. In consideration of the mutual covenants exchanged herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
STRATEGIC ALLIANCE AGREEMENTStrategic Alliance Agreement • December 23rd, 2019 • Rocky Mountain Chocolate Factory, Inc. • Sugar & confectionery products • New York
AMENDMENT TO RIGHTS AGREEMENTRights Agreement • December 23rd, 2019 • Rocky Mountain Chocolate Factory, Inc. • Sugar & confectionery products • Delaware
This Amendment (the “Amendment”) to Rights Agreement is entered into as of December 20, 2019, by and between Rocky Mountain Chocolate Factory, Inc., a Delaware corporation (the “Company”), and Computershare Trust Company, N.A., a federally chartered trust company, as rights agent (the “Rights Agent”). All capitalized terms used herein and not otherwise defined herein shall have the meaning(s) ascribed to them in that certain Rights Agreement dated as of March 1, 2015, by and between the Company and the Rights Agent (the “Rights Agreement”).
