AGREEMENT AND PLAN OF MERGER among ASP FLAG INTERMEDIATE HOLDINGS, INC., ASP FLAG MERGER SUB, INC. and FOUNDATION BUILDING MATERIALS, INC. Dated as of November 14, 2020Agreement and Plan of Merger • November 16th, 2020 • Foundation Building Materials, Inc. • Wholesale-lumber & other construction materials • Delaware
Contract Type FiledNovember 16th, 2020 Company Industry JurisdictionAGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of November 14, 2020, among ASP Flag Intermediate Holdings, Inc., a Delaware corporation (“Parent”), ASP Flag Merger Sub, Inc., a Delaware corporation and a wholly-owned Subsidiary of Parent (“Merger Sub”), and Foundation Building Materials, Inc., a Delaware corporation (the “Company”).
TAX RECEIVABLE TERMINATION AGREEMENTTax Receivable Termination Agreement • November 16th, 2020 • Foundation Building Materials, Inc. • Wholesale-lumber & other construction materials • Delaware
Contract Type FiledNovember 16th, 2020 Company Industry JurisdictionThis Tax Receivable Termination Agreement (this “Agreement”) is entered into as of November 14, 2020, by and among Foundation Building Materials, Inc., a Delaware corporation (the “Company”), and LSF9 Cypress Parent 2 LLC, a Delaware limited liability company (“TRA Holder”) (collectively, the “Parties”).