LOAN AGREEMENTLoan Agreement • July 2nd, 2024 • Yerbae Brands Corp. • Beverages • Michigan
This Loan Agreement dated as of May 16 , 2023, as amended, supplemented or otherwise modified from time to time in accordance with the provisions hereof (“Agreement”), is entered into between Yerbaé, LLC, a Delaware limited liability company whose address is 18891 North Thompson Peak Parkway, Suite D-380, Scottsdale, Arizona 85255 (the “Borrower”); Yerbaé Brands Co., a Delaware corporation whose address is 18801 N. Thompson Peak Parkway, Suite D-380, Scottsdale, Arizona 85255 and Yerbaé Brands Corp., a corporation formed under the laws of British Columbia, Canada whose address is 18801 N. Thompson Peak Parkway, Suite D- 380, Scottsdale, Arizona 85255 (collectively, the “Guarantor”); and Oxford Commercial Finance, a Michigan banking corporation whose address is 64 S. Washington Street, P.O. Box 17, Oxford, Michigan 48371 (the “Lender”).
Yerbaé Employment Agreement December 21st, 2023 Karrie Gibson Dear Karrie: We are delighted to offer you full-time employment with Yerbaé on the terms set forth herein as the COO of YerbaéEmployment Agreement • July 2nd, 2024 • Yerbae Brands Corp. • Beverages
NOW THEREFORE, in consideration of the mutual promises contained herein, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
Yerbaé Employment Agreement December 21st, 2023 Seth Smith Dear Seth: We are delighted to offer you full-time employment with Yerbaé on the terms set forth herein as the VP of Sales of YerbaéEmployment Agreement • July 2nd, 2024 • Yerbae Brands Corp. • Beverages
NOW THEREFORE, in consideration of the mutual promises contained herein, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
ARRANGEMENT AGREEMENT AND PLAN OF MERGER By and Among YERBAE BRANDS CO. KONA BAY TECHNOLOGIES INC. KONA BAY TECHNOLOGIES (DELAWARE) INC. 1362283 B.C. Ltd. TODD GIBSON AND KARRIE GIBSON Dated as of May 19, 2022Arrangement Agreement and Plan of Merger • July 2nd, 2024 • Yerbae Brands Corp. • Beverages • Delaware
This Arrangement Agreement and Plan of Merger (this “Agreement”), is entered into as of May 19, 2022 by and among YERBAE BRANDS CO., a Delaware corporation (the “Company”), KONA BAY TECHNOLOGIES INC., a British Columbia corporation (the “Parent”), KONA BAY TECHNOLOGIES (DELAWARE) INC., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), 1362283 B.C. LTD., a British Columbia corporation (“Finco”), TODD GIBSON, a businessperson (“Todd”) and KARRIE GIBSON, a businessperson (“Karrie” and together with Todd, the “Principal Shareholders”). Capitalized terms used herein (including in the immediately preceding sentence) and not otherwise defined herein shall have the meanings set forth in Section 9.1 hereof.
Employment Offer Letter December 21st, 2023 Todd Gibson Dear Todd: We are delighted to offer you full-time employment with Yerbaé on the terms set forth herein as the CEO of YerbaéYerbae Brands Corp. • July 2nd, 2024 • Beverages
NOW THEREFORE, in consideration of the mutual promises contained herein, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
COMMERCIAL LEASE BETWEEN CANYON VILLAGE HUI, LLC, an Arizona limited liability company AS LANDLORD AND YERBAE, LLC, a Delaware limited liability company AS TENANT 18801 North Thompson Peak Parkway, Scottsdale, Arizona 85255 Suite D-380Commercial Lease • July 2nd, 2024 • Yerbae Brands Corp. • Beverages
THIS COMMERCIAL LEASE (this “Lease”) is made as of 10/05/2022 (the “Lease Date”) by and between CANYON VILLAGE HUI, LLC, an Arizona limited liability company (the “Landlord”), and YERBAE, LLC, a Delaware limited liability company (the “Tenant”).
