3 unchanged sentences
Number Exhibit Description
−Removed: Business Combination Agreement, dated as of June 5, 2020, by and among Collier Creek Holdings, Series U of UM Partners, LLC, Series R of UM Partners, LLC and Utz Brands Holdings, LLC (incorporated by reference to Exhibit 2.1 of Collier Creek’s Form 8-K (File No.
−Removed: 001-38686), filed with the Commission on June 5, 2020.
Certificate of Domestication of the Company.
3 unchanged sentences
333-227295), filed with the Commission on September 12, 2018.
−Removed: Warrant Agreement, dated October 4, 2018, between Continental Stock Transfer & Trust Company and Collier Creek (incorporated by reference to Exhibit 4.1 of Collier Creek’s Form 8-K (File No.
−Removed: 001-38686), filed with the Commission on October 10, 2018).
−Removed: Third Amended and Restated Limited Liability Company Agreement of Utz Brands Holdings, LLC, dated as of August 28, 2020, by and among Utz Brands Holdings, LLC, Utz Brands, Inc., Series U of UM Partners, LLC, Series R of UM Partners, LLC and each other person who is or at any time becomes a member of Utz Brands Holdings, LLC, incorporated by reference to Exhibit 10.1 to Utz Brands, Inc.’s Current Report on Form 8-K (File No.
−Removed: 001-38686), filed with the Commission on September 3, 2020).
−Removed: Tax Receivable Agreement, dated August 28, 2020, by and among Utz Brands, Inc., Utz Brands Holdings, LLC, Series U of UM Partners, LLC, Series R of UM Partners, LLC and the TRA Party Representative, incorporated by reference to Exhibit 10.2 to Utz Brands, Inc.’s Current Report on Form 8-K (File No.
−Removed: 001-38686), filed with the Commission on September 3, 2020).
−Removed: Investor Rights Agreement, dated as of August 28, 2020, by and among Utz Brands, Inc., Series U of UM Partners, LLC, Series R of UM Partners, LLC, the Sponsor Parties and the Sponsor Representative, incorporated by reference to Exhibit 10.3 to Utz Brands, Inc.’s Current Report on Form 8-K (File No.
−Removed: 001-38686), filed with the Commission on September 3, 2020).
−Removed: Standstill Agreement, dated as of August 28, 2020, by and among Utz Brands, Inc., Series U of UM Partners, LLC, Series R of UM Partners, LLC, Collier Creek Partners LLC, certain founder holders and certain beneficial owners and related parties of Series U of UM Partners, LLC and Series R of UM Partners, LLC (incorporate by reference to Exhibit 10.4 to Utz Brands, Inc.’s Current Report on Form 8-K (File No.
−Removed: 001-38686), filed with the Commission on September 3, 2020).
−Removed: Sponsor Side Letter Agreement, dated June 5, 2020, by and among Collier Creek Holdings, Collier Creek Partners, LLC, Chinh E.
−Removed: Chu, Jason Giordano, Roger Deromedi and certain of their family members and affiliates and the independent directors of Collier Creek Holdings, Inc.
−Removed: (incorporated by reference to Exhibit 10.1 of Collier Creek’s Form 8-K (File No.
−Removed: 001-38686), filed with the Commission on June 5, 2020).
−Removed: Unit Purchase Agreement, dated June 5, 2020, by and among Collier Creek Partners LLC, BSOF SN LLC, Series U of UM Partners, LLC and Series R of UM Partners, LLC (incorporated by reference to Exhibit 10.2 of Collier Creek’s Form 8-K (File No.
−Removed: 001-38686), filed with the Commission on June 5, 2020).
−Removed: Form of Forward Purchase Agreement between the Company and the investor named therein (incorporated by reference to Exhibit 10.9 of Collier Creek’s Form S-1 (File No.
−Removed: 333-227295), filed with the SEC on September 12, 2018).
−Removed: First Lien Term Loan Credit Agreement, dated November 21, 2017, entered into by and among Utz Quality Foods, LLC, Bank of America, N.A.
−Removed: and the other parties thereto as amended July 23, 2020 (incorporated by reference to Exhibit 10.10 of Collier Creek’s Registration Statement on Form S-4 (File No.
−Removed: 333-239151), filed with the Commission on August 3, 2020).
−Removed: ABL Credit Agreement, dated November 21, 2017, entered into by and among Utz Quality Foods, LLC, Bank of America, N.A.
−Removed: and the other parties thereto as amended September 3, 2019, April 1, 2020, and July 23, 2020 (incorporated by reference to Exhibit 10.11 to Collier Creek’s Registration Statement on Form S-4 (File No.
−Removed: 333-239151), filed with the Commission on August 3, 2020).
−Removed: Offer Letter dated August 28, 2020 by and between the Company and Dylan Lissette (incorporated by reference to Exhibit 10.10 to Utz Brands, Inc.’s Current Report on Form 8-K (File No.
−Removed: 001-38686), filed with the Commission on September 3, 2020).
−Removed: Offer Letter, dated June 27, 2017, entered into by and between Utz Quality Foods, LLC and Ajay Kataria (incorporated by reference to Exhibit 10.9 to Collier Creek’s Registration Statement on Form S-4 (File No.
−Removed: 333-239151), filed with the Commission on August 3, 2020).
−Removed: Utz Brands, Inc.
−Removed: 2020 Omnibus Equity Incentive Plan and forms of award agreements thereunder (incorporated by reference to Exhibit 10.12 to Utz Brands, Inc.’s Current Report on Form 8-K (File No.
−Removed: 001-38686), filed with the Commission on September 3, 2020).
−Removed: Utz Quality Foods, LLC 2020 Long-Term Incentive Plan and form of award agreement thereunder (incorporated by reference to Exhibit 10.13 to Utz Brands, Inc.’s Current Report on Form 8-K (File No.
−Removed: 001-38686), filed with the Commission on September 3, 2020) .
−Removed: Utz Brands, Inc.
−Removed: Executive Severance Benefit Plan (incorporated by reference to Exhibit 10.14 to Utz Brands, Inc.’s Current Report on Form 8-K (File No.
−Removed: 001-38686), filed with the Commission on September 3, 2020).
−Removed: Utz Brands, Inc.
−Removed: Change in Control Severance Benefit Plan (incorporated by reference to Exhibit 10.15 to Utz Brands, Inc.’s Current Report on Form 8-K (File No.
−Removed: 001-38686), filed with the Commission on September 3, 2020).
−Removed: Utz Quality Foods, Inc.
−Removed: Non-qualified deferred Compensation Plan, adopted April 15, 2008 (incorporated by reference to Exhibit 10.16 to Utz Brands, Inc.’s Current Report on Form 8-K (File No.
−Removed: 001-38686), filed with the Commission on September 3, 2020).
+Added: Amendment No.
+Added: 2 to Credit Agreement, dated as of January 20, 2021, to the First Lien Credit Agreement, dated November 21, 2017, as amended, among Utz Quality Foods, LLC, Utz Brands Holdings, LLC, Bank of America, N.A., as Administrative Agent and Collateral Agent, and each lender from time to time party thereto (incorporated by reference from the Company’s Form 8-K (File No.
+Added: 001-38686), filed with the Commission on January 20, 2021).
Certification of Chief Executive Officer pursuant to Rule 13a-14 and 15d-14 promulgated under the Securities Exchange Act of 1934.
4 unchanged sentences
Section 1350, as adopted to Section 906 of Sarbanes-Oxley Act of 2002.
−Removed: 101.INS* XBRL Instance Document.
−Removed: 101.SCH* XBRL Taxonomy Extension Schema Document.
−Removed: 101.CAL* XBRL Taxonomy Extension Calculation Linkbase Document.
−Removed: 101.DEF* XBRL Taxonomy Extension Definition Linkbase Document.
−Removed: 101.LAB* XBRL Taxonomy Extension Label Linkbase Document.
−Removed: 101.PRE* XBRL Taxonomy Extension Presentation Linkbase Document
+Added: 101.INS* Inline XBRL Instance Document.
+Added: 101.SCH* Inline XBRL Taxonomy Extension Schema Document.
+Added: 101.CAL* Inline XBRL Taxonomy Extension Calculation Linkbase Document.
+Added: 101.DEF* Inline XBRL Taxonomy Extension Definition Linkbase Document.
+Added: 101.LAB* Inline XBRL Taxonomy Extension Label Linkbase Document.
+Added: 101.PRE* Inline XBRL Taxonomy Extension Presentation Linkbase Document
+Added: 104* Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101)
* Filed herewith
** Furnished herewith
−Removed: + Indicates a management or compensatory plan.
−Removed: † Schedules to this exhibit have been omitted pursuant to Item 601(b)(2) of Registration S-K.
−Removed: The Registrant hereby agrees to furnish a copy of any omitted schedules to the Commission upon request.
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
−Removed: November 5, 2020 UTZ BRANDS, INC.
+Added: May 13, 2021 UTZ BRANDS, INC.
/s/ Cary Devore
1 unchanged sentence
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.