Utz Brands, Inc. 10-Q

ITEM 5. OTHER INFORMATION (a) The information below is reported in lieu of information that would be reported under Item 5.02 on Form 8-K. On November [8], 2023, the Company and Howard Friedman, Chief Executive Officer of the Company, entered into an amendment (the “Amendment”) to the offer letter dated September 30, 2022 by and between the Company and Mr. Friedman (the “Offer Letter”). The Amendment adjusted the annual lump sum stipend described in the Offer Letter to $100,000. The foregoing summary of the Amendment is qualified in its entirety by reference to the full text of the Amendment. (b) None. (c) During the three months ended September 30, 2023, no director or officer of the Company adopted or terminated a ‘Rule 10b5-1 trading arrangement’ or ‘non-Rule 10b5-1 trading arrangement,’ as each term is defined in Item 408(a) of Regulation S-K. ITEM 6. EXHIBITS The exhibits listed in the following exhibit index are furnished as part of this report. EXHIBIT INDEX Exhibit Number Exhibit Description 3.1 Certificate of Domestication of the Company (incorporated by reference to Exhibit 3.1 of Utz Brands, Inc.’s Current Report on Form 8-K dated August 28, 2020 (File No: 001-38686), filed with the Commission September 3, 2020). 3.2 Certificate of Incorporation of the Company (incorporated by reference to Exhibit 3.2 of Utz Brands, Inc.’s Current Report on Form 8-K dated August 28, 2020 (File No: 001-38686), filed with the Commission September 3, 2020). 3.3 Bylaws of the Company, as Amended and Restated (incorporated by reference on Exhibit 3.3 to Utz Brands, Inc.’s Quarterly Report on Form 10-Q for the quarter ended April 2, 2023 (File No. 001-38686), filed with the Commission May 11, 2023). 10.1 Eighth Amendment to ABL Facility, dated July 20, 2023 (incorporated by reference to Exhibit 10.1 to Utz Brands, Inc.’s Current Report on Form 8-K (File No. 001-38686) dated July 20, 2023 and filed with the Commission on July 21, 2023). 10.2*+ Amendment No. 1 to Howard Friedman Offer Letter, dated November 8 , 2023. 31.1* Certification of Chief Executive Officer pursuant to Rule 13a-14 and 15d-14 promulgated under the Securities Exchange Act of 1934. 35 31.2* Certification of Chief Financial Officer pursuant to Rule 13a-14 and 15d-14 promulgated under the Securities Exchange Act of 1934. 32.1** Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted to Section 906 of Sarbanes-Oxley Act of 2002. 32.2** Certification of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted to Section 906 of Sarbanes-Oxley Act of 2002. 101.INS* Inline XBRL Instance Document. 101.SCH* Inline XBRL Taxonomy Extension Schema Document. 101.CAL* Inline XBRL Taxonomy Extension Calculation Linkbase Document. 101.DEF* Inline XBRL Taxonomy Extension Definition Linkbase Document. 101.LAB* Inline XBRL Taxonomy Extension Label Linkbase Document. 101.PRE* Inline XBRL Taxonomy Extension Presentation Linkbase Document 104* Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101) * Filed herewith ** Furnished herewith + Indicates a management or compensatory plan. SIGNATURES 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. Date: November 9, 2023 UTZ BRANDS, INC. By: /s/ Ajay Kataria Name: Ajay Kataria Title: Executive Vice President, Chief Financial Officer 36