EX-99 3 exhibit-99_berry.txt Exhibit 99 Of the 12,495 shares of common stock shown in Column 2 of Table I: 1) Includes 0 shares held directly. 2) Includes performance-based restricted stock unit awards under the Issuer's 2021 Equity Incentive Plan that provides for vesting rates based on certain performance-based criteria: a. 1,890*# shares granted on 10/21/2021, with a three-year performance period (9/1/2021-8/31/2024); b. 2,205*# shares granted on 10/20/2022, with a three-year performance period (9/1/2022-8/31/2025); and c. 1,295*# shares granted on 10/19/2023, with a three-year performance period (9/1/2023-8/31/2026). 3) Includes time-based restricted stock unit awards under the Issuer's 2021 Equity Incentive Plan: a. 1,004* shares granted on 10/21/2021, which will vest on the third anniversary of the grant date; b. 2,051* shares granted on 10/20/2022, of which 879 shares will vest on the second anniversary and 1,172 shares will vest on the third anniversary of the grant date; c. 1,750* shares granted on 10/19/2023, of which 525 shares will vest on the first anniversary, 525 shares will vest on the second anniversary and 700 shares will vest on the third anniversary of the grant date; and d. 2,300* shares granted on 10/19/2023, of which 1,150 shares will vest on the first anniversary and 1,150 shares will vest on the second anniversary of the grant date. *Each restricted stock unit represents the right to receive one share of Issuer's Common Stock at vesting. #The number of shares listed represents the maximum number of shares that may be issued upon vesting of the award if the maximum target is met.