Common Contracts

second AMENDED AND RESTATED Business Combination AGREEMENT by and among BANYAN ACQUISITION CORPORATION, PANTHER MERGER SUB inc. AND PINSTRIPES, INC. Dated as of november 22, 2023

Business Combination Agreement • November 22nd, 2023 • Banyan Acquisition Corp • Retail-eating & drinking places • Delaware

• Contract Type
  Business Combination Agreement
• Filed
  November 22nd, 2023
• Company
  Banyan Acquisition Corp
• Industry
  Retail-eating & drinking places
• Jurisdiction
  Delaware

This Second Amended and Restated Business Combination Agreement (this “Agreement”) is made and entered into as of November 22, 2023 (the “Amendment Date”) by and among (a) Banyan Acquisition Corporation, a Delaware corporation (the “SPAC”), (b) Panther Merger Sub Inc., a Delaware corporation and a wholly-owned subsidiary of the SPAC (“Merger Sub”, together with the SPAC, the “SPAC Parties”), and (c) Pinstripes, Inc., a Delaware corporation (the “Company”). The SPAC, Merger Sub and the Company shall each also be referred to herein from time to time as a “Party” and collectively as the “Parties”. Capitalized terms used but not otherwise defined herein have their respective meanings as set forth in Section 1.1.

AMENDED AND RESTATED Business Combination AGREEMENT by and among BANYAN ACQUISITION CORPORATION, PANTHER MERGER SUB inc. AND PINSTRIPES, INC. Dated as of SEPTEMBER 26, 2023

Business Combination Agreement • September 27th, 2023 • Banyan Acquisition Corp • Retail-eating & drinking places • Delaware

• Contract Type
  Business Combination Agreement
• Filed
  September 27th, 2023
• Company
  Banyan Acquisition Corp
• Industry
  Retail-eating & drinking places
• Jurisdiction
  Delaware

This Amended and Restated Business Combination Agreement (this “Agreement”) is made and entered into as of September 26, 2023 (the “Amendment Date”) by and among (a) Banyan Acquisition Corporation, a Delaware corporation (the “SPAC”), (b) Panther Merger Sub Inc., a Delaware corporation and a wholly-owned subsidiary of the SPAC (“Merger Sub”, together with the SPAC, the “SPAC Parties”), and (c) Pinstripes, Inc., a Delaware corporation (the “Company”). The SPAC, Merger Sub and the Company shall each also be referred to herein from time to time as a “Party” and collectively as the “Parties”. Capitalized terms used but not otherwise defined herein have their respective meanings as set forth in Section 1.1.