Kind Operations Inc. v. Aua Private Equity Partners, Llc, Aog, Llc d/b/a Trufood Manufacturing, Pa Co-Man, Inc. F/K/A Trufood Mfg., Inc., Tsudis Holding Company, Peter Tsudis, George Tsudis, Andy Unanue, David Benyaminy, Kyce Chihi, Jack Lin

KIND is a food company that markets and sells, among other products, energy

bars, snack bars, and granola. KIND has a contractual relationship with TruFood under which

TruFood manufactures bars and granola for KIND using KIND’s confidential intellectual

property and proprietary information. To make these products for KIND, TruFood obtains

ingredients on KIND’s behalf through separate contractual relationships with ingredient and

packaging suppliers. KIND then purchases finished goods from TruFood, the price of which

includes the ingredients and packaging, at cost, plus a tolling fee.

The business relationship between KIND and TruFood is governed by the

Amended and Restated Manufacturing Agreement, dated July 1, 2015 and amended January 1,

2018 (the “Manufacturing Agreement”). Under Section 7.1(b) of the Manufacturing Agreement,

Causes of Action

COUNT I Breach of Contract – Against TruFood and Tsudis and/or AOG

COUNT II Breach of Implied Covenant of Good Faith and Fair Dealing – Against TruFood and Tsudis

COUNT III Tortious Interference with Contractual Relations – Against AUA and AOG

COUNT IV Declaratory Judgment – Against AOG (Offset or Recoupment

COUNT V Declaratory Judgment – Against AOG