0001140361-21-006413 Sample Contracts

Underwriting Agreement
Underwriting Agreement • February 26th, 2021 • Freshpet, Inc. • Grain mill products • New York

Freshpet, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of 2,100,000 shares of Common Stock, par value $0.001 (“Stock”) of the Company. The 2,100,000 shares of Stock to be sold by the Company are called the “Firm Shares.” In addition, the Company has granted to the Underwriters an option to purchase up to an additional 315,000 shares of Stock as provided in Section 2. The additional 315,000 shares of Stock to be sold by the Company pursuant to such option are collectively called the “Optional Shares.” The Firm Shares and, if and to the extent such option is exercised, the Optional Shares are collectively called the “Shares.”

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