FIRST INCREMENTAL AMENDMENTCredit Agreement • June 28th, 2021 • Olaplex Holdings, Inc. • Perfumes, cosmetics & other toilet preparations • New York
CREDIT AGREEMENT, dated as of January 8, 2020 (as amended by the First Amendment on the First Amendment Effective Date, this “Agreement”), by and among Olaplex, Inc., a Delaware corporation (the “Borrower”), Penelope Intermediate Corp., a Delaware corporation (“Holdings”), the Lenders from time to time party hereto, the Issuing Banks from time to time party hereto and MidCap Financial Trust (“MidCap”), in its capacities as administrative agent for the Lenders and collateral agent for the Secured Parties (in such capacities and together with its successors and assigns, the “Administrative Agent”).
Penelope Holdings Corp. Nonqualified Stock Option Award AgreementRestrictive Covenants Agreement • June 28th, 2021 • Olaplex Holdings, Inc. • Perfumes, cosmetics & other toilet preparations • Delaware
THIS AGREEMENT (this “Award Agreement”), is made effective as of [Insert Grant Date] (the “Grant Date”), by and between Penelope Holdings Corp., a Delaware corporation (the “Company”), and [Insert Employee Name] (the “Participant”). Capitalized terms used but not otherwise defined herein shall have the meanings so indicated in the Penelope Holdings Corp. 2020 Omnibus Equity Incentive Plan (the “Plan”).
TERMINATION PROTECTION AGREEMENTTermination Protection Agreement • June 28th, 2021 • Olaplex Holdings, Inc. • Perfumes, cosmetics & other toilet preparations • Delaware
This TERMINATION PROTECTION AGREEMENT (this “Agreement”) is made and entered into as of January 28, 2020 by and between Olaplex, Inc. (formerly Penelope Acquisition Corp.) (the “Company”) and JuE Wong (the “Executive”), and is effective as of the Closing Date, as such term is defined in the Purchase Agreement by and among Olaplex LLC, Liqwd, Inc., Christal Family Trust Dated May 22, 2014, Christal Investment Trust Dated May 22, 2014, the Company and the other parties thereto, dated as of November 17, 2019 (the “Purchase Agreement”). In the event that the Closing (as such term is defined in the Purchase Agreement) does not occur, this Agreement will be void and of no force or effect.
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO OLAPLEX HOLDINGS, INC. IF PUBLICLY DISCLOSED. MANUFACTURING SERVICES AGREEMENTManufacturing Services Agreement • June 28th, 2021 • Olaplex Holdings, Inc. • Perfumes, cosmetics & other toilet preparations
This Manufacturing Services Agreement (“Agreement”) is entered into as of January 1, 2020 (the “Effective Date”) by and between Olaplex (“Olaplex”), with an address at 1187 Coast Village Rd, Suite 1-520, Santa Barbara, CA 93108, and Cosway Company Inc. (“Cosway”), with an address at 20633 South Fordyce Avenue, Carson, California 90810 (each, a “Party” and collectively, the “Parties”).
TERMINATION PROTECTION AGREEMENTTermination Protection Agreement • June 28th, 2021 • Olaplex Holdings, Inc. • Perfumes, cosmetics & other toilet preparations • California
This TERMINATION PROTECTION AGREEMENT (this “Agreement”) is made and entered into as of January 8, 2020 by and between Olaplex, Inc. (formerly Penelope Acquisition Corp.) (the “Company”) and Tiffany M. Walden (the “Executive”), and is effective as of the Closing Date, as such term is defined in the Purchase Agreement by and among Olaplex LLC, Liqwd, Inc., Christal Family Trust Dated May 22, 2014, Christal Investment Trust Dated May 22, 2014, the Company and the other parties thereto, dated as of November 17, 2019 (the “Purchase Agreement”). In the event that the Closing (as such term is defined in the Purchase Agreement) does not occur, this Agreement will be void and of no force or effect.
