Underwriting AgreementUnderwriting Agreement • July 29th, 2019 • 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 250,000 shares of common stock, par value $0.0001 per share (“Stock”), of the Company, and the stockholders of the Company named in Schedule II hereto (the “Selling Stockholders”) propose, subject to the terms and conditions stated in this Agreement, to sell to the Underwriters an aggregate of 3,000,000 shares and, at the election of the Underwriters, up to 487,500 additional shares of Stock. The aggregate of 3,250,000 shares to be sold by the Company and the Selling Stockholders is herein called the “Firm Shares” and the 487,500 additional shares to be sold by the Selling Stockholders is herein called the “Optional Shares.” The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are he
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”).
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 16th, 2018 • Beyond Meat, Inc. • Food and kindred products
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (REVOLVING LINE) (this “Agreement”) dated as of June 27, 2018 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and SAVAGE RIVER, INC., a Delaware corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • October 16th, 2018 • Beyond Meat, Inc. • Food and kindred products • Delaware
OUTGOING WIRE REQUEST: Complete only if all or a portion of funds from the loan advance above is to be wired. Deadline for same day processing is noon, Pacific Time Beneficiary Name: Amount of Wire: $ Beneficiary Bank: Account Number: City and State: Beneficiary Bank Transit (ABA) #: Beneficiary Bank Code (Swift, Sort, Chip, etc.): (For International Wire Only) Intermediary Bank: Transit (ABA) #: For Further Credit to: Special Instruction: By signing below, I (we) acknowledge and agree that my (our) funds transfer request shall be processed in accordance with and subject to the terms and conditions set forth in the agreements(s) covering funds transfer service(s), which agreements(s) were previously received and executed by me (us). Authorized Signature: 2nd Signature (if required): Print Name/Title: Print Name/Title: Telephone #: Telephone #
BEYOND MEAT, INC. Common Stock ($0.0001 par value per share) Having an Aggregate Offering Price of up to Equity Distribution AgreementTerms Agreement • May 11th, 2023 • Beyond Meat, Inc. • Food and kindred products • New York
Beyond Meat, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with Goldman Sachs & Co. LLC (“Goldman”) (the “Manager”) as follows:
ContractBeyond Meat, Inc. • November 16th, 2018 • 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.
BEYOND MEAT, INC. and U.S. BANK NATIONAL ASSOCIATION as Trustee INDENTURE Dated as of March 5, 2021 0% Convertible Senior Notes due 2027Indenture • March 5th, 2021 • Beyond Meat, Inc. • Food and kindred products • New York
INDENTURE, dated as of March 5, 2021, between Beyond Meat, Inc., a Delaware corporation, as issuer (the “Company”), and U.S. Bank National Association, as trustee (the “Trustee”).
BEYOND MEAT, INC.Restricted Stock Unit Award Agreement • November 9th, 2023 • Beyond Meat, Inc. • Food and kindred products • California
Unless otherwise defined herein, the terms defined in the Beyond Meat, Inc. 2018 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Restricted Stock Unit Award Agreement (the “Award Agreement”).
ContractBeyond Meat, Inc. • November 16th, 2018 • 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
SAVAGE RIVER, INC.Beyond Meat, Inc. • November 16th, 2018 • Food and kindred products • Minnesota
January 7, 2019Employment Agreement • January 9th, 2019 • Beyond Meat, Inc. • Food and kindred products • California
On behalf of Beyond Meat, Inc. (the “Company”), I am pleased to continue your employment with the Company on the terms and conditions set forth in this employment agreement (the “Agreement”). This Agreement amends, restates and replaces in its entirety the employment agreement entered into by and between you and the Company dated November 29, 2018 (the “Prior Agreement”).
Beyond Meat September 3, 2021Beyond Meat, Inc. • September 3rd, 2021 • Food and kindred products
This letter (the “Agreement”) confirms the agreement between you and Beyond Meat, Inc. (the “Company”) regarding the end of your employment with the Company and the resolution of any disputes between us.
CONSULTING AGREEMENTConsulting Agreement • April 15th, 2019 • Beyond Meat, Inc. • Food and kindred products • California
This Second Amended & Restated Consulting Agreement (the “Agreement”) is made as of April 8 , 2019 by and between Savage River, Inc., a Delaware corporation (the “Company”), and Seth Goldman (“Consultant”).
America, Inc. SUPPLY AGREEMENTSupply Agreement • April 15th, 2019 • Beyond Meat, Inc. • Food and kindred products • Delaware
As of the below Effective Date, this Supply Agreement replaces and supersedes that certain Supply Agreement by and between the parties effective January 1, 2018 (originally covering the term January 1, 2018 to December 31, 2019).
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”).
ContractBeyond Meat, Inc. • April 15th, 2019 • 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.
BEYOND MEAT, INC. CONSULTING AGREEMENTConsulting Agreement • July 8th, 2021 • Beyond Meat, Inc. • Food and kindred products
This Consulting Agreement (as amended from time to time, this “Agreement”) is made effective as of June 5, 2021 (the “Effective Date”) by and between BEYOND MEAT, INC., a Delaware corporation (the “Company”), and Charles Muth, a resident of Florida (“Consultant”). Each of the Company and Consultant is sometimes referred to herein as a “Party” and together as the “Parties”.
SECOND LEASE AMENDMENTSecond Lease • March 19th, 2020 • Beyond Meat, Inc. • Food and kindred products
electronic PDF shall be binding to the same extent as original signatures. Each signatory of this Amendment on behalf of Tenant and Landlord represents that he or she has the authority to execute and deliver the same on behalf of the party hereto for which such signatory is acting. The headings of the paragraphs in this Amendment are for reference only and shall not affect the meaning or interpretation of this Amendment. Landlord and Tenant each acknowledges and reaffirms all of its obligations under the Lease, as the Lease has been amended by this Amendment, and agrees that any reference made in any other document to the Original Lease shall mean the Original Lease as amended by this Amendment.
MASTER SUPPLY AGREEMENTMaster Supply Agreement • March 8th, 2019 • Beyond Meat, Inc. • Food and kindred products • New York
This MASTER SUPPLY AGREEMENT (“Agreement”), made effective as of December 21, 2018 (the “Effective Date”), is between Beyond Meat, Inc. (“Beyond Meat”) with principal offices at 1325 East El Segundo Blvd., El Segundo, CA 90245 and PURIS Proteins, LLC (“Supplier” or “PURIS”) with principal offices at 811 Glenwood Ave., Ste. 230, Minneapolis, MN 55405. For purposes of this Agreement, Beyond Meat and Supplier are individually referred to as a “Party” and collectively referred to as the “Parties”.
Consulting Agreement Amendment No.1Consulting Agreement • March 1st, 2023 • Beyond Meat, Inc. • Food and kindred products
This Consulting Agreement Amendment No.1 (this “Amendment”) is made December 22, 2022 (the “Amendment Effective Date”) by Beyond Meat, Inc. (“Beyond Meat”), and Gary Schultz, a resident of California (“Consultant”) and amends and supplements the Beyond Meat® Consulting Agreement dated April 1, 2022 between the parties (the “Agreement”). Unless otherwise defined in this Amendment, capitalized terms used in this Amendment shall have the meaning ascribed to them in the Agreement. As of the Amendment Effective Date, all references to the Agreement shall mean the Agreement as amended.
THIRD LEASE AMENDMENTThird Lease Amendment • March 19th, 2020 • Beyond Meat, Inc. • Food and kindred products
THIS THIRD LEASE AMENDMENT (this “Amendment”) is made and entered into on March 16, 2020, by and between Sara Maguire LeMone as Trustee of the Sara Maguire LeMone Revocable Trust dated February 6, 2004, hereinafter “Landlord,” and BEYOND MEAT, INC., a Delaware corporation f/k/a Savage River, Inc., hereinafter “Tenant.” Defined terms used but not defined in this Amendment have the definitions ascribed to such terms in the Lease (as defined below).
ContractEnglish Warrant Agreement • January 9th, 2019 • Beyond Meat, Inc. • Food and kindred products • California
THIS WARRANT AND THE SECURITIES ISSUABLE UPON EXERCISE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AS AMENDED (the " 19 33 ACT"), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO YOU THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE 1933 ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.
FIRST AMENDMENT TO MASTER SUPPLY AGREEMENTMaster Supply Agreement • November 12th, 2019 • Beyond Meat, Inc. • Food and kindred products
THIS FIRST AMENDMENT TO MASTER SUPPLY AGREEMENT (this “First Amendment”) is made and entered into as of August 23, 2019, by and between Beyond Meat, Inc. (“Beyond Meat”) and PURIS Proteins, LLC (“Supplier”). For purposes of this First Amendment, each of Beyond Meat and Supplier is individually referred to as a “Party” and collectively referred to as the “Parties”.
AMENDMENT TO LEASELease • August 12th, 2021 • Beyond Meat, Inc. • Food and kindred products • California
THIS AMENDMENT TO LEASE (this “First Amendment”) is made as of July 1, 2021 (the “Effective Date”) by and between SMOKY HOLLOW INDUSTRIES, LLC, a California limited liability company (“Lessor”), and BEYOND MEAT, INC., a Delaware corporation formerly known as Savage River, Inc. (“Lessee”).
LEASELease • October 16th, 2018 • Beyond Meat, Inc. • Food and kindred products
THIS LEASE made and entered into as of the 13th day of March, 2014, by and between the Sara Maguire LeMone as Trustee of the Sara Maguire LeMone Revocable Trust dated February 6, 2004, hereinafter referred to as "Landlord," and Savage River, Inc., a Delaware corporation, hereinafter referred to as "Tenant,"
El Segundo, CA 90245 November 10, 2022 Lubi Kutua Re: Restated Amendment of Employment Terms Dear Lubi,Beyond Meat, Inc. • November 16th, 2022 • Food and kindred products
We are pleased to provide you with this letter agreement which sets forth certain amended terms of your employment with Beyond Meat, Inc., a Delaware corporation (the “Company”), effective as of October 13, 2022 (the “Commencement Date”). To the extent the terms set forth herein differ from the terms set forth in the offer letter entered into by and between you and the Company dated December 14, 2018, as amended by the Amendment of Employment Terms letter entered into by and between you and the Company dated October 13, 2022, (together, the “Offer Letter”), the terms of the Offer Letter are hereby superseded. Otherwise, the Offer Letter remains in full force and effect.
SUMMARY OF BASIC LEASE INFORMATIONBeyond Meat, Inc. • January 15th, 2021 • Food and kindred products • California
This Lease, which includes the preceding Summary of Basic Lease Information (the “Summary”) attached hereto and incorporated herein by this reference (the Lease and Summary to be known sometimes collectively hereafter as the “Lease”), dated as of the date set forth in Section 1 of the Summary, is made by and between HC Hornet Way, LLC, a Delaware limited liability company (“Landlord”), and Beyond Meat, Inc., a Delaware corporation (“Tenant”).
FIRST AMENDMENT OFMulti-Year Sales AgreementSales Agreement • August 11th, 2022 • Beyond Meat, Inc. • Food and kindred products
This First Amendment to the Multi-Year Sales Agreement (this “Amendment”), with an effective date of August 3, 2022 (the “Effective Date”) between ROQUETTE FRÈRES, a corporation organized under the laws of France having its registered office at 1 rue de la Haute Loge, Lestrem (62136), FRANCE, acting both in its own name, and in the name and on behalf of its Affiliated Companies which have duly empowered Roquette Frères for the purpose hereof, (hereinafter referred to as “Seller”); and
INDICATES THE PORTION OF THIS EXHIBIT THAT HAS BEEN OMITTED BECAUSE IT IS BOTH (i) NOT MATERIAL AND (ii) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSEDSales Agreement • August 9th, 2023 • Beyond Meat, Inc. • Food and kindred products
This Second Amendment to the Multi-Year Sales Agreement (the “Second Amendment”), with an effective date of July 1, 2023 (the “Second Amendment Effective Date”) between Roquette Frères, a corporation having its registered office at 1 rue de la Haute Loge, Lestrem (62136), FRANCE, (hereinafter referred to as “Seller”); and
LOGO]Beyond Meat, Inc. • March 19th, 2020 • Food and kindred products
Beyond Meat, Inc.Beyond Meat, Inc. • March 19th, 2020 • Food and kindred products
America, Inc. SUPPLY AGREEMENTSupply Agreement • January 9th, 2019 • Beyond Meat, Inc. • Food and kindred products • Delaware
As of the below Effective Date, this Supply Agreement replaces and supersedes that certain Supply Agreement by and between the parties effective January 1, 2018 (originally covering the term January 1, 2018 to December 31, 2019).
MULTI-YEAR SALES AGREEMENTMulti-Year Sales Agreement • January 15th, 2020 • Beyond Meat, Inc. • Food and kindred products • New York
This Multi-Year Sales Agreement (as amended from time to time, the “Agreement”) is made as of the Effective Date (as defined below) by and between:
FOURTH LEASE AMENDMENTFourth Lease Amendment • May 12th, 2022 • Beyond Meat, Inc. • Food and kindred products
THIS FOURTH LEASE AMENDMENT (this “Amendment”) is made and entered into on March 9th, 2022, by and between Sara Maguire LeMone as Trustee of the Sara Maguire LeMone Revocable Trust dated February 6, 2004, hereinafter “Landlord,” and BEYOND MEAT, INC., a Delaware corporation f/k/a Savage River, Inc., hereinafter “Tenant.” Defined terms used but not defined in this Amendment have the definitions ascribed to such terms in the Lease (as defined below).
