Re: Amended and Restated Agreement and Plan of Merger dated September 30, 2020Agreement and Plan of Merger • November 16th, 2020 • NewAge, Inc. • Malt beverages
Contract Type FiledNovember 16th, 2020 Company IndustryThis letter agreement (this “Agreement”) is made by the undersigned under the Amended and Restated Agreement and Plan of Merger dated September 30, 2020 (the “Merger Agreement”), by and among NewAge, Inc., a Washington corporation (“Parent”), Ariel Merger Sub, LLC, a Utah limited liability company, Ariel Merger Sub 2, LLC, a Utah limited liability company, Ariix, LLC, a Utah limited liability company (the “Company”), the “Sellers” identified therein, and Frederick W. Cooper solely in his capacity as Sellers Agent thereunder (“Sellers Agent”). This Agreement waives certain provisions in and amends the Merger Agreement. Capitalized terms used but not defined in this Agreement have the respective meanings set forth in the Merger Agreement.