ADVISORY AGREEMENTAdvisory Agreement • February 23rd, 2021 • Blue Apron Holdings, Inc. • Retail-catalog & mail-order houses • New York
This ADVISORY AGREEMENT (this “Agreement”), is made as of December 10, 2020 and shall be effective as of December 31, 2020 (the “Effective Date”), by and among (i) Blue Apron, LLC, a Delaware limited liability company having its principal place of business at 28 Liberty Street, 28th Floor, New York, NY 10005 (the “Company”), (ii) solely with respect to certain provisions hereof, Blue Apron Holdings, Inc., a Delaware corporation having its principal place of business at 28 Liberty Street, 28th Floor, New York, NY 10010 (“Holdings”), and (iii) Timothy S. Bensley (“Advisor”). The Company, Holdings and Advisor are each referred to herein individually as a “Party” and collectively, as applicable, as the “Parties.”
AMENDMENT NO. 1 TO FINANCING AGREEMENTFinancing Agreement • February 23rd, 2021 • Blue Apron Holdings, Inc. • Retail-catalog & mail-order houses • New York
THIS AMENDMENT NO. 1 TO FINANCING AGREEMENT (this “Amendment”), dated as of November 19, 2020, is entered into by and among BLUE APRON, LLC, a Delaware limited liability company (the “Borrower”), BLUE APRON HOLDINGS, INC., a Delaware corporation (the “Parent”), each of the Subsidiary Guarantors (as defined in the Financing Agreement (as defined below)) party hereto (together with the Borrower and the Parent, the “Loan Parties” and each, a “Loan Party”), the Lenders (as defined below) party hereto, and BLUE TORCH FINANCE LLC, a Delaware limited liability company, as collateral agent for the Lenders (in such capacity, “Collateral Agent”) and as administrative agent for the Lenders (in such capacity, the “Administrative Agent” and together with the Collateral Agent, the “Agents” and each, an “Agent”).
