0001628280-20-016457 Sample Contracts

AGREEMENT AND PLAN OF MERGER among ASP FLAG INTERMEDIATE HOLDINGS, INC., ASP FLAG MERGER SUB, INC. and FOUNDATION BUILDING MATERIALS, INC. Dated as of November 14, 2020

Merger Agreement • November 16th, 2020 • Foundation Building Materials, Inc. • Wholesale-lumber & other construction materials • Delaware

• Contract Type
  Merger Agreement
• Filed
  November 16th, 2020
• Company
  Foundation Building Materials, Inc.
• Industry
  Wholesale-lumber & other construction materials
• Jurisdiction
  Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of November 14, 2020, among ASP Flag Intermediate Holdings, Inc., a Delaware corporation (“Parent”), ASP Flag Merger Sub, Inc., a Delaware corporation and a wholly-owned Subsidiary of Parent (“Merger Sub”), and Foundation Building Materials, Inc., a Delaware corporation (the “Company”).

TAX RECEIVABLE TERMINATION AGREEMENT

Tax Receivable Termination Agreement • November 16th, 2020 • Foundation Building Materials, Inc. • Wholesale-lumber & other construction materials • Delaware

• Contract Type
  Tax Receivable Termination Agreement
• Filed
  November 16th, 2020
• Company
  Foundation Building Materials, Inc.
• Industry
  Wholesale-lumber & other construction materials
• Jurisdiction
  Delaware

This Tax Receivable Termination Agreement (this “Agreement”) is entered into as of November 14, 2020, by and among Foundation Building Materials, Inc., a Delaware corporation (the “Company”), and LSF9 Cypress Parent 2 LLC, a Delaware limited liability company (“TRA Holder”) (collectively, the “Parties”).