0001193125-17-371341 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among: THE HERSHEY COMPANY, ALPHABET MERGER SUB INC. AND AMPLIFY SNACK BRANDS, INC. Dated as of December 17, 2017

Agreement and Plan of Merger • December 18th, 2017 • Amplify Snack Brands, INC • Food and kindred products • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  December 18th, 2017
• Company
  Amplify Snack Brands, INC
• Industry
  Food and kindred products
• Jurisdiction
  Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of December 17, 2017, by and among: THE HERSHEY COMPANY, a Delaware corporation (“Parent”); ALPHABET MERGER SUB, INC., a Delaware corporation and a wholly owned subsidiary of Parent (“Acquisition Sub”); and AMPLIFY SNACK BRANDS, INC., a Delaware corporation (the “Company” and, together with Parent and Acquisition Sub, the “Parties,” and each a “Party”).

FORM OF SUPPORT AGREEMENT

Form of Support Agreement • December 18th, 2017 • Amplify Snack Brands, INC • Food and kindred products • Delaware

• Contract Type
  Form of Support Agreement
• Filed
  December 18th, 2017
• Company
  Amplify Snack Brands, INC
• Industry
  Food and kindred products
• Jurisdiction
  Delaware

THIS SUPPORT AGREEMENT (this “Agreement”), is made and entered into as of December 17, 2017, by and among The Hershey Company, a Delaware corporation (“Parent”), Alphabet Merger Sub, Inc., a Delaware corporation and direct, wholly-owned Subsidiary of Parent (“Acquisition Sub”), and (“Stockholder”).