PARTIV ITEM 15. EXHIBITS, FINANCIAL STATEMENT SCHEDULES. The following exhibits are included as part of, or incorporated by reference to, this annual report: EXHIBIT NO. DESCRIPTION OF EXHIBIT 2.1* Plan of Conversion. 3.1* Amended and Restated Certificate of Incorporation of The Real Good Food Company, Inc. 3.2* Amended and Restated Bylaws of The Real Good Food Company, Inc. 4.1** Description of Capital Stock 10.1* Tax Receivable Agreement, dated as of November 4, 2021, by and among The Real Good Food Company, Inc., Bryan Freeman, and each of the other persons from time to time party thereto. 10.2* Registration Rights Agreement, by and among The Real Good Food Company, Inc., the members of Real Good Foods, LLC, the Fidelity entities party thereto, Bryan Freeman, Gerard G. Law, and Akshay Jagdale. 10.3* Limited Liability Company Agreement of Real Good Foods, LLC. 10.4*# Form of Indemnification Agreement, entered into in September and October 2021, by and between The Real Good Food Company, Inc. and each of its directors and officers. 10.5*# The Real Good Food Company, Inc. 2021 Stock Incentive Plan and related forms of stock award agreements. 10.6*# The Real Good Food Company, Inc. 2021 Employee Stock Purchase Plan. 10.7* Exchange Agreement, dated as of November 4, 2021, by and among The Real Good Food Company, Inc., Real Good Foods, LLC, the members of Real Good Foods, LLC, and the Fidelity entities party thereto. 10.8*# Executive Employment Agreement, dated as of October 27, 2021, by and between Real Good Foods, LLC and Bryan Freeman. 10.9*# Executive Employment Agreement, dated as of October 27, 2021, by and between Real Good Foods, LLC and Gerard G. Law. 10.10*# Executive Employment Agreement, dated as of October 27, 2021, by and between Real Good Foods, LLC and Akshay Jagdale. 10.11* Standard Industrial/Commercial Single-Tenant Lease—Gross, dated February 26, 2021, by and between Real Good Foods, LLC (f/k/a The Real Good Food Company LLC) and DAHSCO Properties Yeager Avenue, LLC. 10.12* Sublease for a Single Sublessee, dated March 9, 2021, by and between Real Good Foods, LLC (f/k/a The Real Good Food Company LLC) and LO Entertainment, LLC. 10.13*† Purchase Agreement, dated as of February 16, 2021, by and between Real Good Foods, LLC (f/ k/a The Real Good Food Company LLC) and PMC Financial Services Group, LLC. 10.14* Profit Participation Agreement, dated as of April 1, 2017, by and between Real Good Foods, LLC (f/k/a The Real Good Food Company LLC) and CPG Solutions, LLC. 10.15*† Lease, dated as of June 1, 2021, by and between Real Good Foods, LLC (f/k/a The Real Good Food Company LLC) and 3 ECCH Owner LLC. 10.16* Loan and Security Agreement, dated as of June 30, 2016, by between Real Good Foods, LLC (f/k/a The Real Good Food Company LLC) and PMC Financial Services Group, LLC. 80
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