Common Stock, Par Value $0.0001 per Share Underwriting AgreementUnderwriting Agreement • November 16th, 2018 • Beyond Meat, Inc. • Food and kindred products • New York
Beyond Meat, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated in this agreement (this “Agreement”), to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ l ] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [ l ] additional shares (the “Optional Shares”) of common stock (“Stock”) of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).
ContractWarrant Agreement • November 16th, 2018 • Beyond Meat, Inc. • Food and kindred products • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • November 16th, 2018 • Beyond Meat, Inc. • Food and kindred products • California
No. Description Serial Number Registration Number 18. THE BEYOND BURGER 5,101,972 (12/13/2016) 19. THE FUTURE OF PROTEIN 4,852,710 (11/10/2015) 20. BEYOND BEEF 4,654,352 (12/09/2014) 21. BEYOND CHICKEN 4,654,351 (12/09/2014) 22. BEYOND MEAT (& design) 4,392,040 (08/27/2013) 23. BEYOND MEAT 4,314,689 (04/02/2013) 24. BEYOND BURGERS 86/918082
ContractWarrant Agreement • November 16th, 2018 • Beyond Meat, Inc. • Food and kindred products • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
SAVAGE RIVER, INC.Advisor Agreement • November 16th, 2018 • Beyond Meat, Inc. • Food and kindred products • Minnesota
CONSULTING AGREEMENTConsulting Agreement • November 16th, 2018 • Beyond Meat, Inc. • Food and kindred products • California
This Amended & Restated Consulting Agreement (the “Agreement”) is made as of November 15, 2018 by and between Savage River, Inc., a Delaware corporation (the “Company”), and Seth Goldman (“Consultant”).
INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • November 16th, 2018 • Beyond Meat, Inc. • Food and kindred products • Delaware
THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made as of October 5, 2018 by and among Beyond Meat, Inc. (f/k/a Savage River, Inc.), a Delaware corporation (the “Company”), each of the investors listed on Schedule A hereto (the “New Investors”), each of the investors listed on Schedule B hereto (the “Existing Investors” and, together with the New Investors, the “Investors”), and each of the stockholders or holders of options listed on Schedule C hereto (the “Key Holders”).
BEYOND MEAT, INC. EXECUTIVE CHANGE IN CONTROL SEVERANCE AGREEMENTExecutive Change in Control Severance Agreement • November 16th, 2018 • Beyond Meat, Inc. • Food and kindred products • California
This Executive Change in Control Severance Agreement (the “Agreement”) is made and entered into by and between _______________ (“Executive”) and Beyond Meat, Inc. (the “Company”), effective as of ____________ __, 2018 (the “Effective Date”).
