EXHIBIT 10.3.3 AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • January 14th, 1998 • Qep Co Inc • Wholesale-hardware • Connecticut
ARTICLE 1Warrant Agreement • May 29th, 2001 • Qep Co Inc • Cutlery, handtools & general hardware • Ohio
BETWEENStock Purchase Agreement • May 28th, 1998 • Qep Co Inc • Wholesale-hardware
WITNESSETH:Lease Agreement • May 28th, 1997 • Qep Co Inc • Wholesale-hardware • Florida
Exhibit 10.2 SECOND AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • January 13th, 2003 • Qep Co Inc • Cutlery, handtools & general hardware • Connecticut
RECITALSPurchase and Sale Agreement • May 28th, 1998 • Qep Co Inc • Wholesale-hardware • Delaware
Q.E.P. CO., INC. SERIES A COMMON STOCK PURCHASE WARRANTQep Co Inc • November 3rd, 1997 • Wholesale-hardware • Florida
AMONGStock Purchase Agreement • November 3rd, 1997 • Qep Co Inc • Wholesale-hardware • New York
Execution Copy EMPLOYMENT AGREEMENT AGREEMENT dated as of the 1st day of May, 2002 by and between Q. E. P. Co., Inc., a Delaware corporation, with an address at 1081 Holland Drive, Boca Raton, FL, 33487 (the "Company") and Lewis Gould, residing at 596...Employment Agreement • January 13th, 2003 • Qep Co Inc • Cutlery, handtools & general hardware
ESCROW AGREEMENT This Escrow Agreement is entered into as of October 21, 1997 by and among IBJ Schroder Bank & Trust Company, a banking corporation organized under the laws of the State of New York (the "Escrow Agent"), Q.E.P. Co., Inc. a Delaware...Escrow Agreement • November 3rd, 1997 • Qep Co Inc • Wholesale-hardware
PREAMBLEAgreement • May 27th, 1999 • Qep Co Inc • Wholesale-hardware • Connecticut
RECITALSIntercreditor and Subordination Agreement • May 29th, 2001 • Qep Co Inc • Cutlery, handtools & general hardware • Connecticut
PREAMBLESecond Agreement • July 14th, 1999 • Qep Co Inc • Wholesale-hardware • New York
EXHIBIT 10.2.7 INDUSTRIAL LEASELease • May 28th, 1997 • Qep Co Inc • Wholesale-hardware • California
PREAMBLEFourth Agreement • May 29th, 2001 • Qep Co Inc • Cutlery, handtools & general hardware • Connecticut
WITNESSETH:First Amendatory Agreement • October 14th, 1997 • Qep Co Inc • Wholesale-hardware • Connecticut
ELEVENTH AMENDMENT AGREEMENTEleventh Amendment Agreement • May 29th, 2008 • Qep Co Inc • Cutlery, handtools & general hardware • Connecticut
THIS ELEVENTH AMENDMENT AGREEMENT (this “Agreement”), is dated as of May 21, 2008 by and between Q.E.P. CO., INC., a Delaware corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 33487, Q.E.P. - O’TOOL, INC., a corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway, NW, Suite A, Boca Raton, Florida, 33437, MARION TOOL CORPORATION, a corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 33487, ROBERTS CONSOLIDATED INDUSTRIES, INC., a Delaware corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 33487, ROBERTS HOLDING INTERNATIONAL, INC., a Delaware corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 3348
GUARANTY AGREEMENTGuaranty Agreement • May 28th, 2003 • Qep Co Inc • Cutlery, handtools & general hardware • Connecticut
This Guaranty Agreement, dated as of May 8, 2003, is executed by LEWIS GOULD, an individual resident of Florida (the “Guarantor”) to FLEET CAPITAL CORPORATION (the “Agent”), a Rhode Island corporation having an office at One Landmark Square, Stamford, Connecticut 06901, as agent for itself and HSBC Bank USA (the “Lenders”).
FIFTH AMENDMENT AND WAIVER AGREEMENTAnd Waiver Agreement • June 15th, 2005 • Qep Co Inc • Cutlery, handtools & general hardware • Connecticut
THIS FIFTH AMENDMENT AND WAIVER AGREEMENT (this “Agreement”), is dated as of June 14, 2005, by and between Q.E.P. CO., INC., a Delaware corporation with its chief executive office and principal place of business at 1081 Holland Drive, Boca Raton, Florida 33487, Q.E.P. - O’TOOL, INC., a Nevada corporation with its chief executive office and principal place of business at 1070 Mary Crest Road, Henderson, NV 89014, MARION TOOL CORPORATION, an Indiana corporation with its chief executive office and principal place of business at 1081 Holland Drive, Boca Raton, Florida 33487, ROBERTS CONSOLIDATED INDUSTRIES, INC., a Delaware corporation with its chief executive office and principal place of business at 1081 Holland Drive, Boca Raton, Florida 33487, ROBERTS JAPAN KK, an entity organized in Japan with its chief executive office and principal place of business at 1081 Holland Drive, Boca Raton, Florida 33487, ROBERTS HOLDING INTERNATIONAL, INC., a Delaware corporation with its chief executive
LIABILITY AND ASSET GUARANTEELiability and Asset Guarantee • September 27th, 2004 • Qep Co Inc • Cutlery, handtools & general hardware
In terms of the agreement dated of the (“the Agreement”) the two parties signing below agreed to assign all 8,200 shares in PRCI for a mutually agreed price based on the Company’s Balance Sheet as of 31 December 2003 (“the Balance Sheet”).
FIFTEENTH AMENDMENT AGREEMENTFifteenth Amendment Agreement • January 22nd, 2009 • Qep Co Inc • Cutlery, handtools & general hardware • Connecticut
THIS FIFTEENTH AMENDMENT AGREEMENT (this “Agreement”), is dated as of November 5, 2008 by and between Q.E.P. CO., INC., a Delaware corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 33487 (“Q.E.P.”), Q.E.P. - O’TOOL, INC., a corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway, NW, Suite A, Boca Raton, Florida, 33437, MARION TOOL CORPORATION, a corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 33487, ROBERTS CONSOLIDATED INDUSTRIES, INC., a Delaware corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 33487, ROBERTS HOLDING INTERNATIONAL, INC., a Delaware corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Rat
Employment LetterQep Co Inc • January 17th, 2006 • Cutlery, handtools & general hardware
NINTH AMENDMENT AGREEMENTNinth Amendment Agreement • May 29th, 2007 • Qep Co Inc • Cutlery, handtools & general hardware • Connecticut
THIS NINTH AMENDMENT AGREEMENT (this “Agreement”), is dated as of April 26, 2007 by and between Q.E.P. CO., INC., a Delaware corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 33487, Q.E.P. - O’TOOL, INC., a Nevada corporation with its chief executive office and principal place of business at 1070 Mary Crest Road, Henderson, NV 89014, MARION TOOL CORPORATION, an Indiana corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 33487, ROBERTS CONSOLIDATED INDUSTRIES, INC., a Delaware corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 33487, ROBERTS JAPAN KK, an entity organized in Japan with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 33487, ROBERTS HOLDING INTE
SEVENTH AMENDMENT AND WAIVER AGREEMENTSeventh Amendment and Waiver Agreement • June 13th, 2006 • Qep Co Inc • Cutlery, handtools & general hardware • Connecticut
THIS SEVENTH AMENDMENT AND WAIVER AGREEMENT (this “Agreement”), is dated as of June 1, 2006, by and between Q.E.P. CO., INC., a Delaware corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 33487, Q.E.P. – O’TOOL, INC., a Nevada corporation with its chief executive office and principal place of business at 1070 Mary Crest Road, Henderson, NV 89014, MARION TOOL CORPORATION, an Indiana corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 33487, ROBERTS CONSOLIDATED INDUSTRIES, INC., a Delaware corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 33487, ROBERTS JAPAN KK, an entity organized in Japan with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 33487, ROBERTS
SECOND AMENDMENT AND WAIVER AGREEMENTSecond Amendment and Waiver Agreement • January 14th, 2004 • Qep Co Inc • Cutlery, handtools & general hardware • Connecticut
THIS SECOND AMENDMENT AND WAIVER AGREEMENT (this “Agreement”), is dated as of January , 2004, by and between Q.E.P. CO., INC., a Delaware corporation with its chief executive office and principal place of business at 1081 Holland Drive, Boca Raton, Florida 33487, Q.E.P. - O’TOOL, INC., a Nevada corporation with its chief executive office and principal place of business at 1070 Mary Crest Road, Henderson, NV 89014, MARION TOOL CORPORATION, an Indiana corporation with its chief executive office and principal place of business at 1081 Holland Drive, Boca Raton, Florida 33487, ROBERTS CONSOLIDATED INDUSTRIES, INC., a Delaware corporation with its chief executive office and principal place of business at 1081 Holland Drive, Boca Raton, Florida 33487, ROBERTS JAPAN KK, an entity organized in Japan with its chief executive office and principal place of business at 1081 Holland Drive, Boca Raton, Florida 33487, ROBERTS HOLDING INTERNATIONAL, INC., a Delaware corporation with its chief executiv
Tatum LLC Interim Executive Services AgreementServices Agreement • January 17th, 2006 • Qep Co Inc • Cutlery, handtools & general hardware • New York
March 16, 2009Qep Co Inc • March 16th, 2009 • Cutlery, handtools & general hardware
AGREEMENTAgreement • May 28th, 2003 • Qep Co Inc • Cutlery, handtools & general hardware • Florida
THIS AGREEMENT (“Agreement”) dated as of the 22nd day of May, 2003, is between Q.E.P. Co., Inc., a Delaware corporation (the “Company”) and Lewis Gould, the Company’s Chairman of the Board and Chief Executive Officer (“Mr. Gould”). All capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Guaranty or the Loan Agreement (as hereinafter defined).
TRUST UNDER THE QEP EXECUTIVE DEFERRED COMPENSATION PLANExecutive Deferred Compensation Plan • January 3rd, 2005 • Qep Co Inc • Cutlery, handtools & general hardware • Georgia
THIS AGREEMENT is made this [27th ] day of December, 2004 by and between Q.E.P. Co., Inc. as a Corporation organized under the laws of Delaware (the “Company”) and Reliance Trust Company, a trust organization under the laws of the United States of America and having its principal office and place of business in Atlanta, Georgia, as trustee (the “Trustee”).
January 22, 2009Qep Co Inc • January 22nd, 2009 • Cutlery, handtools & general hardware • Connecticut
$14,000,000 dated December 31, 2008 and payable to the order of HSBC (as amended and in effect from time to time, the “HSBC Revolving Credit Note” and together with the BOA Revolving Credit Note, the “Revolving Credit Note”); and (b) a mortgage loan in the outstanding principal balance as of June 10, 2008 of $2,298,187.10 (CAD) as evidenced by, in addition to the Loan Agreement, that certain (i) Amended and Restated Mortgage Note in the principal amount of $1,328,912.25 (CAD) dated June 10, 2008 and payable to the order of BOA (as amended and in effect from time to time, the “BOA Mortgage Note”); and (d) Amended and Restated Mortgage Note in the principal amount of $919,274.85 (CAD) dated June 10, 2008 and payable to the order of HSBC (as amended and in effect from time to time, the “HSBC Mortgage Note” and together with the BOA Mortgage Note, the “Mortgage Note”) (hereinafter the Revolving Note and the Term Note are collectively referred to as the “Notes”), which Notes are secured by,
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • June 15th, 2005 • Qep Co Inc • Cutlery, handtools & general hardware • Delaware
THIS ASSET PURCHASE AGREEMENT, dated as of May 5, 2005 (this “Agreement”), is entered into by and among Halex Corporation, a California corporation (“Halex”), Roberts Capitol, Inc., a Florida corporation (“Roberts”), Roberts Consolidated Industries, Inc., a Delaware corporation (“RCI”, and together with Roberts, the “Roberts Group”), and, solely for the purposes of Article VII, Section 8.1 and Section 8.25 of this Agreement, Q.E.P. Co., Inc., a Delaware corporation (“QEP”).
FIRST AMENDMENT AGREEMENTFirst Amendment Agreement • April 14th, 2009 • Qep Co Inc • Cutlery, handtools & general hardware • Connecticut
THIS FIRST AMENDMENT AGREEMENT (this “Agreement”), is dated as of April 14, 2009 by and between Q.E.P. CO., INC., a Delaware corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway, NW, Suite A, Boca Raton, Florida 33487 (“Q.E.P.”), ROBERTS CONSOLIDATED INDUSTRIES, INC., a Delaware corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway, NW, Suite A, Boca Raton, Florida 33487, ROBERTS HOLDING INTERNATIONAL, INC., a Delaware corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway, NW, Suite A, Boca Raton, Florida 33487, ROBERTS COMPANY CANADA LIMITED, a corporation amalgamated under the laws of the province of Ontario, Canada with its chief executive office and principal place of business at 2070 Steeles Avenue, Bramalea, Ontario, Canada L6T1A7, Q.E.P. ZOCALIS HOLDING L.L.C., a Delaware limited liability company with a place of business at 10
THIRTEENTH AMENDMENT AGREEMENTThirteenth Amendment Agreement • January 22nd, 2009 • Qep Co Inc • Cutlery, handtools & general hardware • Connecticut
THIS THIRTEENTH AMENDMENT AGREEMENT (this “Agreement”), is dated as of August 13, 2008 by and between Q.E.P. CO., INC., a Delaware corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 33487 (“Q.E.P.”), Q.E.P. - O’TOOL, INC., a corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway, NW, Suite A, Boca Raton, Florida, 33437, MARION TOOL CORPORATION, a corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 33487, ROBERTS CONSOLIDATED INDUSTRIES, INC., a Delaware corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Raton, Florida 33487, ROBERTS HOLDING INTERNATIONAL, INC., a Delaware corporation with its chief executive office and principal place of business at 1001 Broken Sound Parkway NW, Suite A, Boca Rat
New York, New York November __, 2002 FOR VALUE RECEIVED, the undersigned, Q.E.P. CO., INC., a Delaware corporation with its chief executive office and principal place of business at 1081 Holland Drive, Boca Raton, Florida 33487, Q.E.P. - O'TOOL, INC.,...Qep Co Inc • January 13th, 2003 • Cutlery, handtools & general hardware
FOURTH AMENDMENT AND WAIVER AGREEMENTFourth Amendment and Waiver Agreement • June 15th, 2005 • Qep Co Inc • Cutlery, handtools & general hardware • Connecticut
THIS FOURTH AMENDMENT AND WAIVER AGREEMENT (this “Agreement”), is dated as of March 31, 2005, by and between Q.E.P. CO., INC., a Delaware corporation with its chief executive office and principal place of business at 1081 Holland Drive, Boca Raton, Florida 33487, Q.E.P. - O’TOOL, INC., a Nevada corporation with its chief executive office and principal place of business at 1070 Mary Crest Road, Henderson, NV 89014, MARION TOOL CORPORATION, an Indiana corporation with its chief executive office and principal place of business at 1081 Holland Drive, Boca Raton, Florida 33487, ROBERTS CONSOLIDATED INDUSTRIES, INC., a Delaware corporation with its chief executive office and principal place of business at 1081 Holland Drive, Boca Raton, Florida 33487, ROBERTS JAPAN KK, an entity organized in Japan with its chief executive office and principal place of business at 1081 Holland Drive, Boca Raton, Florida 33487, ROBERTS HOLDING INTERNATIONAL, INC., a Delaware corporation with its chief executiv
