A Delaware corporation) 10,000,000 Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • September 27th, 2021 • A.K.A. Brands Holding Corp. • Retail-catalog & mail-order houses • New York
INDEMNIFICATION AGREEMENTIndemnification Agreement • August 24th, 2021 • A.K.A. Brands Holding Corp. • Retail-catalog & mail-order houses • Delaware
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is made and entered into as of [ ], 2021 between a.k.a. Brands Holding Corp., a Delaware corporation (the “Company”), and [ ] (“Indemnitee”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 27th, 2021 • A.K.A. Brands Holding Corp. • Retail-catalog & mail-order houses • Delaware
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of September 24, 2021 among a.k.a. Brands Holding Corp, a Delaware corporation (the “Company”), each of the investors listed on the signature pages hereto under the caption “Sponsor Investors” (collectively, the “Sponsor Investors”), each Person listed on the signature pages under the caption “Other Investors” or who executes a Joinder as an “Other Investor” (collectively, the “Other Investors”) and each of the executives listed on the signature pages under the caption “Executives” or who executes a Joinder as an “Executive” (collectively, the “Executives”). Except as otherwise specified herein, all capitalized terms used in this Agreement are defined in Exhibit A attached hereto.
EMPLOYMENT AGREEMENTEmployment Agreement • March 9th, 2023 • A.K.A. Brands Holding Corp. • Retail-catalog & mail-order houses • California
This EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of April 8, 2021, and effective as of April 8, 2021 (the “Effective Date”), by and between a.k.a. Brands, Inc., a Delaware corporation (the “Company”), and Ciaran Long (“Executive”). Certain terms used but not otherwise defined herein shall have the meaning set forth in Section 9.
DIRECTOR NOMINATION AGREEMENTDirector Nomination Agreement • September 27th, 2021 • A.K.A. Brands Holding Corp. • Retail-catalog & mail-order houses • Delaware
THIS DIRECTOR NOMINATION AGREEMENT (this “Agreement”) is made and entered into as of September 24, 2021, by and among a.k.a. Brands Holding Corp., a Delaware corporation (the “Company”), New Excelerate, L.P., Summit Partners, L.P., Summit Partners GE IX AIV, Ltd., Summit Partners GE IX AIV, L.P., Summit Partners Growth Equity Fund IX- B AIV, L.P., Summit Partners GE IX, LLC, Summit Partners GE IX, L.P., Summit Partners Growth Equity Fund IX-A AIV, L.P., and Excelerate GP, Ltd, (collectively, “Summit”). This Agreement shall be effective from the date hereof (the “Effective Date”).
SEVERANCE AGREEMENT AND GENERAL RELEASE OF CLAIMSSeverance Agreement and General Release of Claims • January 28th, 2022 • A.K.A. Brands Holding Corp. • Retail-catalog & mail-order houses
This Severance Agreement and General Release of Claims (hereinafter “Agreement”) is made and entered into between a.k.a. Brands, Inc. (“a.k.a. Brands” or “Employer”) and Jonathan Harvey (“Employee”) (hereinafter Employer and Employee are collectively referred to as “the Parties”), and is made in light of the following:
SYNDICATED FACILITY AGREEMENT Dated as of March 31, 2021 among POLLY HOLDCO PTY LTD, as the Borrower, EXCELERATE, L.P., as Holdings, DBFLF EXCL ADMN LLC, as Administrative Agent, Collateral Agent and Lead Arranger, and THE LENDERS PARTY HERETOSyndicated Facility Agreement • August 24th, 2021 • A.K.A. Brands Holding Corp. • Retail-catalog & mail-order houses
This SYNDICATED FACILITY AGREEMENT (this “Agreement”) is entered into as of March 31, 2021, among Polly Holdco Pty Ltd ACN 627 160 794, an Australian corporation (“Polly Holdco”), as the borrower (the “Borrower”), Excelerate, L.P., a Cayman Islands exempted limited partnership acting by its general partner Excelerate GP, Limited (“Holdings”), DBFLF EXCL ADMN LLC (“FCC”), as administrative agent (in such capacity, including any permitted successor thereto, the “Administrative Agent”), as collateral agent and security trustee (in such capacities, including any permitted successor thereto, the “Collateral Agent”) and as lead arranger (in such capacity, including any permitted successor thereto, the “Lead Arranger”), under the Loan Documents, each lender from time to time party hereto (collectively, the “Lenders” and, individually, each, a “Lender”), and the other Persons party hereto from time to time.
December 23, 2020Transition Letter Agreement • August 24th, 2021 • A.K.A. Brands Holding Corp. • Retail-catalog & mail-order houses
This letter agreement is intended to memorialize our discussions regarding the amendment of that certain Transition Letter Agreement (the “Agreement”), dated October 14, 2020, by and between you, Excelerate US, Inc., and Excelerate, L.P. (“Excelerate”). Capitalized terms used but not defined herein shall have the meaning given to such terms in the Agreement.
CONFIDENTIAL **Letter Agreement • August 24th, 2021 • A.K.A. Brands Holding Corp. • Retail-catalog & mail-order houses
This letter agreement (this “Letter Agreement”) confirms our understanding regarding your transition within and separation from employment with Excelerate US, Inc. (the “Company”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in that certain Employment Agreement, entered into as of September 20, 2018 and effective as of September 24, 2018, by and between you and the Company (the “Employment Agreement”).
EMPLOYMENT AGREEMENTEmployment Agreement • April 18th, 2024 • A.K.A. Brands Holding Corp. • Retail-catalog & mail-order houses • California
This EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of April 12, 2024, and effective as of June 6, 2022 (the “Effective Date”), by and between a.k.a. Brands, Inc., a Delaware corporation (the “Company”), and Kenneth C. White (“Executive”). Certain terms used but not otherwise defined herein shall have the meaning set forth in Section 9.
EXHIBIT A JOINT FILING AGREEMENTJoint Filing Agreement • February 14th, 2022 • A.K.A. Brands Holding Corp. • Retail-catalog & mail-order houses
This will confirm the agreement by and among the undersigned that the Schedule 13G filed with the Securities and Exchange Commission on or about the date hereof with respect to the beneficial ownership by the undersigned of the Common Stock, par value $0.001 per share, of a.k.a. Brands Holding Corp. (this “Agreement”), is being filed, and all amendments thereto will be filed, by Bryett Enterprises Trust as designated filer on behalf of each of the persons and entities named below that is named as a reporting person in such filing in accordance with Rule 13d-1(k) under the Securities Exchange Act of 1934, as amended. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
EXHIBIT A JOINT FILING AGREEMENTJoint Filing Agreement • February 14th, 2022 • A.K.A. Brands Holding Corp. • Retail-catalog & mail-order houses
This will confirm the agreement by and among the undersigned that the Schedule 13G filed with the Securities and Exchange Commission on or about the date hereof with respect to the beneficial ownership by the undersigned of the shares of Common Stock, par value $0.001 per share, of a.k.a. Brands Holding Corp. (this “Agreement”), is being filed, and all amendments thereto will be filed, on behalf of each of the persons and entities named below that is named as a reporting person in such filing in accordance with Rule 13d-1(k) under the Securities Exchange Act of 1934, as amended. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
CONFIDENTIAL **Letter Agreement • August 24th, 2021 • A.K.A. Brands Holding Corp. • Retail-catalog & mail-order houses
This letter agreement (this “Letter Agreement”) confirms our understanding regarding your separation from employment with Excelerate US, Inc. (the “Company”).
STOCKHOLDERS AGREEMENTStockholders Agreement • August 24th, 2021 • A.K.A. Brands Holding Corp. • Retail-catalog & mail-order houses • Delaware
THIS STOCKHOLDERS AGREEMENT (this “Agreement”), dated as of June 23, 2021, is made by and among a.k.a. Brands Holdings Corp., a Delaware corporation (the “Company”), New Excelerate, L.P., a Cayman exempted limited partnership (the “Sponsor”), certain equityholders of the Company (the “Management Stockholders”), and the Summit Investors (as defined below). The Sponsor and the Management Stockholders are collectively referred to herein as the “Stockholders” and individually as a “Stockholder.” Except as otherwise provided herein, capitalized terms used herein are defined in Section 4(a) hereof.
