0001493152-23-022809 Sample Contracts

ESCROW AGREEMENT
Escrow Agreement • June 28th, 2023 • Commonwealth Thoroughbreds LLC • Services-racing, including track operation • New York

This Escrow Agreement (this “Agreement”), effective as of the effective date set forth on the signature page hereto (“Effective Date”), is entered into by the following:

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Exhibit Justify ‘21 Series Designation of Series Justify ‘21, a series of Commonwealth Thoroughbreds LLC
Commonwealth Thoroughbreds LLC • June 28th, 2023 • Services-racing, including track operation

In accordance with the Amended and Restated Limited Liability Company Agreement of Commonwealth Thoroughbreds LLC (the “Company”) dated as of September 27, 2019 (the “LLC Agreement”) and amended as of October 1, 2022 and upon the execution of this Exhibit Justify ‘21 by the Company and Commonwealth Markets, Inc. in its capacity as Managing Member of the Company and Initial Member of Series Justify ‘21, a series of Commonwealth Thoroughbreds LLC (“Series Justify ‘21”), this exhibit shall be attached to, and deemed incorporated in its entirety into, the LLC Agreement as “Exhibit Justify ‘21”.

Exhibit Head of the Class Series Designation of Series Head of the Class, a series of Commonwealth Thoroughbreds LLC
Commonwealth Thoroughbreds LLC • June 28th, 2023 • Services-racing, including track operation

In accordance with the Amended and Restated Limited Liability Company Agreement of Commonwealth Thoroughbreds LLC (the “Company”) dated as of September 27, 2019 (the “LLC Agreement”) and amended as of October 1, 2022 and upon the execution of this Exhibit Head of the Class by the Company and Commonwealth Markets, Inc. in its capacity as Managing Member of the Company and Initial Member of Series Head of the Class, a series of Commonwealth Thoroughbreds LLC (“Series Head of the Class”), this exhibit shall be attached to, and deemed incorporated in its entirety into, the LLC Agreement as “Exhibit Head of the Class”.

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