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2-Oct-2023 5:20:11 AM EST

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Non-Voting Class A shares and Class B Common Shares

A “Family Share Transaction” means any transfer of any kind of an interest in Class B common shares to one or more of the descendants of J.W. Sobey, now deceased and formerly a businessman of Stellarton, Nova Scotia. For this purpose, descendants include spouses, companies controlled by any such descendants or their affiliates and trusts for bona fide estate planning purposes primarily for the benefit of any such descendants.

The 2002 Preferred shares are issuable in series, with each series consisting of such number of shares and having such provisions as may be determined by the directors of the Company prior to issue. The 2002 Preferred shares rank in preference over Non-Voting Class A shares and Class B common shares in respect to the payment of dividends and in the distribution of assets in the event of liquidation, dissolution or winding-up of the Company. The 2002 Preferred shares of each series rank equally with the 2002 Preferred shares of every other series in respect to the payment of dividends and in the distribution of assets. The Company may not create or issue any shares ranking in priority or on a parity to the 2002 Preferred shares as to the payment of dividends or the distribution of assets without the approval of two thirds of the preferred shareholders.

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The monthly high and low share price and the TSX monthly average volumes for the Non-Voting Class A shares for the fiscal year ended May 1, 2021 are as follows:

MonthHigh ($ per share)Low ($ per share)Average Daily Volume (by month, in shares)
September 202238.2034.361,307,079
August 202240.2937.41575,461
July 202240.4338.86503,047
June 202241.4537.22732,673
May 202243.1140.00593,134
April 202245.6442.24604,697
March 202244.5839.56817,001
February 202239.8939.02449,943
January 202239.2236.94617,148
December 202139.8636.67709,076

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Further information within the Empire Company Limited investor centre can be found through the following links.

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