FIFTH SUPPLEMENTAL AGREEMENTFifth Supplemental Agreement • December 6th, 2021 • Acacia Research Corp • Patent owners & lessors • New York
THIS FIFTH SUPPLEMENTAL AGREEMENT, dated as of November 30, 2021 (this “Agreement”), by and between Acacia Research Corporation, a Delaware corporation (the “Company”), Merton Acquisition HoldCo LLC, a Delaware limited liability company and wholly-owned Subsidiary of the Company (“Merton”), certain other direct and indirect Subsidiaries of the Company, and Starboard Value LP (the “Designee”) on behalf of itself and on behalf of the funds and accounts under its management that as of the date hereof hold, or that will after the date hereof hold, Preferred Shares, Series A Warrants, Series B Warrants and/or Notes (each as defined in the Securities Purchase Agreement (as defined below)) (the “Starboard Funds”).
