0001104659-20-101577.txt : 20200901 0001104659-20-101577.hdr.sgml : 20200901 20200901214153 ACCESSION NUMBER: 0001104659-20-101577 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20200828 FILED AS OF DATE: 20200901 DATE AS OF CHANGE: 20200901 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Mannelly Matthew CENTRAL INDEX KEY: 0001471658 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-38686 FILM NUMBER: 201155603 MAIL ADDRESS: STREET 1: C/O SPARTANNASH STREET 2: 850 76TH SW CITY: GRAND RAPIDS STATE: MI ZIP: 49518 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: Utz Brands, Inc. CENTRAL INDEX KEY: 0001739566 STANDARD INDUSTRIAL CLASSIFICATION: MISCELLANEOUS FOOD PREPARATIONS & KINDRED PRODUCTS [2090] IRS NUMBER: 981425274 FISCAL YEAR END: 0103 BUSINESS ADDRESS: STREET 1: 900 HIGH STREET CITY: HANOVER STATE: PA ZIP: 17331 BUSINESS PHONE: 717-637-6644 MAIL ADDRESS: STREET 1: 900 HIGH STREET CITY: HANOVER STATE: PA ZIP: 17331 FORMER COMPANY: FORMER CONFORMED NAME: Collier Creek Holdings DATE OF NAME CHANGE: 20180503 4 1 tm2029480-29_4.xml OWNERSHIP DOCUMENT X0306 4 2020-08-28 1 0001739566 Utz Brands, Inc. UTZ 0001471658 Mannelly Matthew C/O COLLIER CREEK PARTNERS, LLC 200 PARK AVENUE, 58TH FLOOR NEW YORK NY 10166 1 0 0 0 Class A common stock 2020-08-28 4 J 0 45000 A 45000 D Class A common stock 2020-08-28 4 A 0 100000 10.00 A 145000 D Class B ordinary shares 2020-08-28 4 J 0 45000 D Class A ordinary shares 45000 0 D Warrants to purchase Class A common stock 11.50 2020-08-28 4 A 0 33333 A Class A common stock 33333 33333 D In connection with the Business Combination Agreement, dated June 5, 2020, by and among Collier Creek Holdings ("CCH"), Utz Brands Holdings, LLC ("Utz Brands Holdings"), and the other parties thereto (the transactions contemplated thereby, the "Business Combination"), CCH domesticated as a Delaware corporation (the "Domestication") and changed its name to "Utz Brands, Inc." ("Utz"). In connection with the Domestication, the Reporting Person's Class B ordinary shares, par value $0.0001 per share, of CCH, which were previously convertible into Class A ordinary shares of CCH, were automatically converted into shares of Class A common stock of Utz, par value $0.0001 per share, on a one-for-one basis. Pursuant to the Forward Purchase Agreement, dated as of September 7, 2018, by and between CCH and the Reporting Person, the Reporting Person agreed to purchase, on a private placement basis upon the consummation of the Business Combination, certain Class A ordinary shares (automatically converted to Class A common stock pursuant to the Domestication) (the "Forward Purchase Shares") and warrants to purchase Class A ordinary shares, which automatically became exercisable for Class A common stock pursuant to the Domestication (the "Forward Purchase Warrants") for a combined price of $10.00 per Forward Purchase Share purchased. The Forward Purchase Warrants will become exercisable on September 27, 2020 and will expire on August 28, 2025 or earlier upon redemption or the liquidation of Utz, as described in the Warrant Agreement (filed as Exhibit 4.4 to CCH's registration statement on Form S-1 (File No. 333-227295)). Exhibit 24.1 Power of Attorney /s/ Jason K. Giordano, Attorney-in-Fact 2020-09-01 EX-24.1 2 tm2029480d29_ex24-1.htm POWER OF ATTORNEY

Exhibit 24.1

POWER OF ATTORNEY

The undersigned constitutes and appoints Jason K. Giordano, or any of them acting singly, as the undersigned’s true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for the undersigned and in the undersigned’s name, place and stead, to:

1. prepare, sign, and submit to the U.S. Securities and Exchange Commission (the “SEC”) on its Electronic Data Gathering, Analysis, and Retrieval (“EDGAR”) Filer Management website a Form ID application, including any amendments and exhibits thereto, and any other related documents as may be necessary or appropriate, to obtain from the SEC access codes to permit filing on the SEC’s EDGAR system, granting unto said attorney-in-fact and agent full power and authority to do and perform each act and thing requisite and necessary to be done as required by any rule or regulation of the SEC and the EDGAR Filer Manual as fully and to all intents and purposes as the undersigned might or could do in person, hereby ratifying and confirming all that said attorney-in-fact and agent may lawfully do or cause to be done by virtue hereof; and

2. sign any and all SEC statements of beneficial ownership of securities of Collier Creek Holdings (the “Company”) on Schedule 13D as required under Section 13 and Forms 3, 4 and 5 as required under Section 16(a) of the Securities Exchange Act of 1934, as amended, and any amendments thereto, and to file the same with all exhibits thereto, and other documents in connection therewith, with the SEC, the Company and any stock exchange on which any of the Company’s securities are listed, granting unto said attorney-in-fact and agent full power and authority to do and perform each act and thing requisite and necessary to be done under said Section 13 and Section 16(a), as fully and to all intents and purposes as the undersigned might or could do in person, hereby ratifying and confirming all that said attorney-in-fact and agent may lawfully do or cause to be done by virtue hereof.

A copy of this power of attorney shall be filed with the SEC. The authorization set forth above shall continue in full force and effect until the undersigned revokes such authorization by written instructions to the attorney-in-fact.

The authority granted hereby shall in no event be deemed to impose or create any duty on behalf of the attorney-in-fact with respect to the undersigned’s obligations to file a Form ID, Schedule 13Ds and Forms 3, 4 and 5 with the SEC.

Dated: September 1, 2020

/s/ Matthew Mannelly

Matthew Mannelly