Collins & Aikman Floor Coverings Inc Sample Contracts

Collins & Aikman Floor Coverings Inc – COLLINS & AIKMAN FLOORCOVERINGS, INC. EMPLOYMENT AGREEMENT (April 30th, 2007)

THIS AGREEMENT is made as of February 2, 2007, between Collins & Aikman Floorcoverings, Inc., a Delaware corporation (the “Company”), and Glen A. Hussmann (“Executive”).

Collins & Aikman Floor Coverings Inc – Dated 05 February 2007 Interior Projects Solutions Limited (as the Purchaser) Collins & Aikman Floorcoverings Inc (as the Vendor) (April 30th, 2007)
Collins & Aikman Floor Coverings Inc – TANDUS NAMES GLEN A. HUSSMANN AS PRESIDENT AND CHIEF EXECUTIVE OFFICER (February 6th, 2007)

DALTON, Ga. (February 2, 2007) — Tandus Group, Inc. (“Tandus” and “the Company”), announced today that Glen A. Hussmann has been named as president and chief executive officer and will serve as a member of the board of directors for the Company and its wholly owned subsidiary Collins & Aikman Floorcoverings, Inc. The selection of Mr. Hussmann, who will join Tandus on February 19, 2007, successfully concludes the candidate search announced previously.

Collins & Aikman Floor Coverings Inc – LOAN AND SECURITY AGREEMENT Dated January 18, 2007 (January 25th, 2007)

THIS LOAN AND SECURITY AGREEMENT is dated January 18, 2007, among COLLINS & AIKMAN FLOORCOVERINGS, INC., a Delaware corporation (“Collins”), TANDUS US, INC., a Delaware corporation (“Tandus US”), and CAF EXTRUSION, INC., a Delaware corporation (“CAF”, and together with Collins and Tandus US, collectively, “U.S. Borrowers”), TANDUS CANADA LIMITED, a Nova Scotia corporation (“Canadian Borrower”, and Canadian Borrower together with U.S. Borrowers, collectively, “Borrowers”), the Affiliates and Subsidiaries of Borrowers party hereto from time to time as Guarantors, the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), BANK OF AMERICA, N.A., a national banking association, individually as a U.S. Lender and an Issuing Bank and in its capacity as Administrative Agent, and BANK OF AMERICA, N.A., a national banking association, acting through its Canada Branch as a Canadian Lender and in its capacity as Canadian Agent.

Collins & Aikman Floor Coverings Inc – TANDUS GROUP, INC. EMPLOYMENT AND SEPARATION AGREEMENT (September 12th, 2006)

THIS AGREEMENT is made as of August 31, 2006, between Tandus Group, Inc. (“Parent”), Collins & Aikman Floorcoverings, Inc. (the “Company”), and Edgar M. Bridger (“Executive”).

Collins & Aikman Floor Coverings Inc – Summary of the Employment and Separation Agreement by and among Tandus Group, Inc. (“Parent”), Collins & Aikman Floorcoverings Inc. (the “Company”) and Edgar M. Bridger, dated August 31, 2006 (the “Agreement”) (September 7th, 2006)

Under the Agreement, Mr. Bridger has agreed to continue to serve as Chief Executive Officer and President of Parent and the Company and assist the Company through a transition period. The transition period will last until January 27, 2007, the end of the Company’s current fiscal year, unless it terminates earlier for another reason.

Collins & Aikman Floor Coverings Inc – Contract (September 7th, 2006)

DALTON, GA, (September 1, 2006) – Tandus Group, Inc. (“Tandus”), the sole shareholder of Collins & Aikman Floorcoverings, Inc. (“C&A Floorcoverings”), announced today that its board of directors has accepted the resignation of Edgar “Mac” Bridger from the boards of Tandus and C&A Floorcoverings, effective August 31, 2006, and as president and chief executive officer of both entities, effective no later than January 27, 2007. After thorough deliberations, the board has concluded that the company would be best served by a change in leadership. Tandus has launched a search to identify a new CEO, and Bridger has agreed to stay on with the company through a transition period to ensure a smooth transfer of leadership and to consult with the company for a period of time thereafter.

Collins & Aikman Floor Coverings Inc – Contract (December 14th, 2005)

AMENDMENT No. 4 and AGREEMENT dated as of October 29, 2005 (this “Amendment”), to the Credit Agreement dated as of January 25, 2001, as amended by Amendment No. 1 and Agreement dated as of February 11, 2002, Amendment No. 2 dated as of May 1, 2004 and Amendment No. 3, Consent and Release dated as of August 18, 2004 (the “Credit Agreement”), among COLLINS & AIKMAN FLOORCOVERINGS, INC., a Delaware corporation (the “Borrower”), TANDUS GROUP, INC., a Virginia corporation formerly named CAF Holdings, Inc. (“Holdings”), the Lenders (as defined therein) and CREDIT SUISSE (formerly known as Credit Suisse First Boston), as administrative agent (in such capacity, the “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral Agent”) for the Lenders.

Collins & Aikman Floor Coverings Inc – CHROMA TRANSITION AGREEMENT (December 13th, 2004)

THIS CHROMA TRANSITION AGREEMENT (this “Agreement”), dated as of the 8th day of November, 2004, among Collins & Aikman Floorcoverings, Inc., a Delaware corporation (“C&A”), as guarantor of the obligations of Monterey Carpets, Inc., a California corporation and a wholly-owned subsidiary of C&A (“Monterey Carpets”), Monterey Carpets, Monterey Color Systems, Inc., a California corporation and a wholly-owned subsidiary of Monterey Carpets (“MSCI”), Chroma Technologies, Inc., a California corporation (“CTI”), and a wholly-owned subsidiary of The Dixie Group, Inc., a Tennessee corporation (“Dixie”), Dixie, as guarantor of the obligations of CTI, and Chroma Systems Partners, a California general partnership (“Chroma”).

Collins & Aikman Floor Coverings Inc – Contract (August 24th, 2004)

AMENDMENT No. 3, CONSENT and RELEASE dated as of August 18, 2004 (this “Amendment”), to the Credit Agreement dated as of January 25, 2001, as amended by Amendment No. 1 and Agreement dated as of February 11, 2002 and Amendment No. 2 dated as of May 1, 2004 (the “Credit Agreement”), among COLLINS & AIKMAN FLOORCOVERINGS, INC., a Delaware corporation (the “Borrower”), TANDUS GROUP, INC., a Virginia corporation formerly named CAF Holdings, Inc. (“Holdings”), the Lenders (as defined therein) and CREDIT SUISSE FIRST BOSTON, as administrative agent (in such capacity, the “Administrative Agent”) and as a collateral agent (in such capacity, the “Collateral Agent”) for the Lenders.

Collins & Aikman Floor Coverings Inc – Information: Stephanie Styles Director, Marketing Communications (August 11th, 2004)
Collins & Aikman Floor Coverings Inc – Contract (June 15th, 2004)

AMENDMENT No. 2 dated as of May 1, 2004 (this “Amendment”), to the Credit Agreement dated as of January 25, 2001, as amended by Amendment No. 1 and Agreement dated as of February 11, 2002 (the “Credit Agreement”), among COLLINS & AIKMAN FLOORCOVERINGS, INC., a Delaware corporation (the “Borrower”), TANDUS GROUP, INC., a Virginia corporation formerly named CAF Holdings, Inc. (“Holdings”), the Lenders (as defined therein) and CREDIT SUISSE FIRST BOSTON, as administrative agent (in such capacity, the “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral Agent”) for the Lenders.

Collins & Aikman Floor Coverings Inc – PRESS RELEASE COLLINS & AIKMAN FLOORCOVERINGS, INC. ANNOUNCES DEPARTURE OF ITS CHIEF FINANCIAL OFFICER (February 9th, 2004)

Dalton, Georgia, (February 6, 2004)—Collins & Aikman Floorcoverings, Inc. (“C&A”), a Tandus company, today announced that Darrel V. McCay is leaving his positions as Vice President, Chief Financial Officer and Secretary of C&A and as a director of Tandus Group, effective immediately. Mac Bridger, CEO, expressed the Company’s gratitude for Mr. McCay’s 14 years of service.

Collins & Aikman Floor Coverings Inc – 2001 CAF HOLDINGS, INC. MANAGEMENT STOCK PURCHASE PLAN (April 25th, 2003)
Collins & Aikman Floor Coverings Inc – 2001 CAF HOLDINGS, INC. EXECUTIVE AND MANAGEMENT STOCK OPTION PLAN (April 25th, 2003)

changes in the number and type of shares of Common Stock covered by outstanding Options and the prices specified therein.

Collins & Aikman Floor Coverings Inc – DEBT RESTRUCTURING AGREEMENT (April 25th, 2003)

NOW THEREFORE THIS AGREEMENT WITNESSETH that for valuable consideration, the receipt and sufficiency whereof is hereby acknowledged by each of the parties hereto, each of the parties agrees with the other as follows:

Collins & Aikman Floor Coverings Inc – SIXTH AMENDMENT (December 10th, 1999)

EXHIBIT 10.1E SIXTH AMENDMENT --------------- SIXTH AMENDMENT (this "Amendment"), dated as of October 7, 1999, among CAF HOLDINGS, INC. ("Holdings"), COLLINS & AIKMAN FLOORCOVERINGS, INC. (the "Borrower"), the financial institutions party to the Credit Agreement referred to below (each, a "Bank" and, collectively, the "Banks"), and BANKERS TRUST COMPANY, as Agent for the Banks (in such capacity, the "Agent"). All capitalized terms used herein and not otherwise defined herein shall have the respective meanings provided such terms in the Credit Agreement. W I T N E S S E T H: ------------------- WHEREAS, Holdings, the Borrower, the Banks and the Agent are parties to a Credit Agreement, dated as of February 6, 1997 (as amended, modified or supplemented to the date hereof, the

Collins & Aikman Floor Coverings Inc – FIFTH AMENDMENT AND CONSENT (September 14th, 1999)

FIFTH AMENDMENT AND CONSENT --------------------------- FIFTH AMENDMENT AND CONSENT (this "Amendment"), dated as of June 3, 1999, among CAF HOLDINGS, INC. ("Holdings"), COLLINS & AIKMAN FLOORCOVERINGS, INC. (the "Borrower"), the financial institutions party to the Credit Agreement referred to below (each, a "Bank" and, collectively, the "Banks"), BANKERS TRUST COMPANY, as Agent for the Banks (in such capacity, the "Agent") and BANKERS TRUST COMPANY, as Pledgee and Collateral Agent (the "Pledgee") under the Pledge referred to below. All capitalized terms used herein and not otherwise defined herein shall have the respective meanings provided such terms in the Credit Agreement referred to below. W I T N E S S E T H: - - - - - - - - - - WHEREAS, Holdings, the Borrower, the Banks and the Agent are parties to a Credit Agreement, dated as of February 6, 199

Collins & Aikman Floor Coverings Inc – AGREEMENT AND PLAN OF MERGER (July 9th, 1999)

================================================================================ AGREEMENT AND PLAN OF MERGER AMONG COLLINS & AIKMAN FLOORCOVERINGS, INC., MONTEREY MERGER COMPANY, INC. AND MONTEREY CARPETS, INC. Dated as of June 4, 1999 ================================================================================ TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS 1.1 Definitions.................................................... 1 ARTICLE II

Collins & Aikman Floor Coverings Inc – FOURTH AMENDMENT AND WAIVER (April 30th, 1999)

FOURTH AMENDMENT AND WAIVER --------------------------- FOURTH AMENDMENT AND WAIVER (this "Amendment"), dated as of April 29, 1999, among CAF HOLDINGS, INC. ("Holdings"), COLLINS & AIKMAN FLOORCOVERINGS, INC. (the "Borrower"), the financial institutions party to the Credit Agreement referred to below (each, a "Bank" and, collectively, the "Banks"), and BANKERS TRUST COMPANY, as Agent for the Banks (in such capacity, the "Agent"). All capitalized terms used herein and not otherwise defined herein shall have the respective meanings provided such terms in the Credit Agreement. W I T N E S S E T H: ------------------- WHEREAS, Holdings, the Borrower, the Banks and the Agent are parties to a Credit Agreement, dated as of February 6, 1997 (as amended, modified or supplemented to the date hereof, the "Credit Agreement"); WHEREAS, the Borrower h

Collins & Aikman Floor Coverings Inc – THIRD AMENDMENT (December 15th, 1998)

THIRD AMENDMENT --------------- THIRD AMENDMENT (this "Amendment"), dated as of October 9, 1998, among CAF HOLDINGS, INC. ("Holdings"), COLLINS & AIKMAN FLOORCOVERINGS, INC. (the "Borrower"), the financial institutions party to the Credit Agreement referred to below (each, a "Bank" and, collectively, the "Banks"), and BANKERS TRUST COMPANY, as Agent for the Banks (in such capacity, the "Agent"). All capitalized terms used herein and not otherwise defined herein shall have the respective meanings provided such terms in the Credit Agreement. W I T N E S S E T H: - - - - - - - - - - WHEREAS, Holdings, the Borrower, the Banks and the Agent are parties to a Credit Agreement, dated as of February 6, 1997 (as amended, modified or supplemented to the date hereof, the "Credit Agreement"); WHEREAS, the Borrower has requested a certain a

Collins & Aikman Floor Coverings Inc – SECOND AMENDMENT TO CREDIT AGREEMENT (September 11th, 1998)

SECOND AMENDMENT TO CREDIT AGREEMENT ------------------------------------ SECOND AMENDMENT TO CREDIT AGREEMENT (this "Amendment"), dated as of May 27, 1998, among CAF HOLDINGS, INC. ("Holdings"), COLLINS & AIKMAN FLOORCOVERINGS, INC. (the Borrower"), the financial institutions party to the Credit Agreement referred to below (each, a "Bank" and, collectively, the "Banks"), and BANKERS TRUST COMPANY, as Agent for the Banks (in such capacity, the "Agent"). All capitalized items used herein and not otherwise defined herein shall have the respective meanings provided such terms in the Credit Agreement. W I T N E S S E T H : - - - - - - - - - - WHEREAS, Holdings, the Borrower, the Banks and the Agent are parties to a Credit Agreement, dated as of February 6, 1997 (as amended, modified or supplemented to the date thereof

Collins & Aikman Floor Coverings Inc – FIRST AMENDMENT AND CONSENT (June 15th, 1998)

FIRST AMENDMENT AND CONSENT --------------------------- FIRST AMENDMENT AND CONSENT (this "Amendment"), dated as of April 13, 1998, among CAF HOLDINGS, INC. ("Holdings"), COLLINS & AIKMAN FLOORCOVERINGS, INC. (the "Borrower"), the financial institutions party to the Credit Agreement referred to below (each, a "Bank" and, collectively, the "Banks"), and BANKERS TRUST COMPANY, as Agent for the Banks (in such capacity, the "Agent"). All capitalized terms used herein and not otherwise defined herein shall have the respective meanings provided such terms in the Credit Agreement. WITNESSETH: ----------- WHEREAS, Holdings, the Borrower, the Banks and the Agent are parties to a Credit Agreement, dated as of February 6, 1997 (the "Credit Agreement"); WHEREAS, the Borrower desires to acquire, through Collins & Aikman Floorcoverings UK

Collins & Aikman Floor Coverings Inc – TRADENAME LICENSE AGREEMENT (April 7th, 1997)

Exhibit 10.2 ------------ TRADENAME LICENSE AGREEMENT --------------------------- THIS TRADENAME LICENSE AGREEMENT (this "Agreement") is made and entered into as of February 6, 1997, by and between Collins & Aikman Floor Coverings Group, Inc., a Delaware corporation ("Licensor"), CAF Holdings, Inc., a Virginia corporation, and Collins & Aikman Floor Coverings, Inc., a Delaware corporation (collectively, "Licensee"). Capitalized terms used herein but not defined have the meaning given them in the Acquisition Agreement, dated as of December 9, 1996 (the "Acquisition Agreement") between Licensor and certain other Persons relating to the purchase and sale of stock of Licensee. RECITALS: -------- A. Licensor has certa

Collins & Aikman Floor Coverings Inc – SERIES B 10% SENIOR SUBORDINATED NOTE DUE 2007 (April 7th, 1997)

EXHIBIT 4.3 ----------- CUSIP No.: COLLINS & AIKMAN FLOORCOVERINGS, INC. SERIES B 10% SENIOR SUBORDINATED NOTE DUE 2007 No. $ COLLINS & AIKMAN FLOORCOVERINGS, INC , a Delaware corporation (the "Company," which term includes any successor entity), for value received promises to pay to or registered assigns, the principal sum of Dollars, on January 15, 2007. Interest Payment Dates: January 15 and July 15 Record Dates: January 1 and July 1 Reference is made to the further provisions of this Note contained herein, which will for all purposes have the same effect as if s

Collins & Aikman Floor Coverings Inc – INDENTURE (April 7th, 1997)

EXHIBIT 4.1 CAF ACQUISITION CORPORATION, as Issuer and IBJ SCHRODER BANK & TRUST COMPANY, as Trustee ____________________ INDENTURE Dated as of February 6, 1997 ____________________ $100,000,000 10% Senior Subordinated Notes due 2007 and Series B 10% Senior Subordinated Notes due 2007 CROSS-REFERENCE TABLE TIA Indenture Section Section -------

Collins & Aikman Floor Coverings Inc – TAX SHARING AGREEMENT (April 7th, 1997)

Exhibit 10.6 ------------ TAX SHARING AGREEMENT This TAX SHARING AGREEMENT is dated as of February 6, 1997 between CAF HOLDINGS, INC., a Virginia corporation ("Parent") and COLLINS & AIKMAN FLOORCOVERINGS, INC., a Delaware corporation (the "Subsidiary"). A. Parent and the Subsidiary are members of an affiliated group as defined in Section 1504(a) of the Internal Revenue Code of 1986, as amended (the "Affiliated Group"). B. The Affiliated Group expects to file a consolidated federal income tax return. C. Parent and Subsidiary desire to establish a method for (i) allocating the consolidated federal income tax liability of the Affiliated Group between the Parent and the Subsidiary and (ii) reimbursing Parent for payment of such tax liability. NOW THEREFORE, the partie

Collins & Aikman Floor Coverings Inc – FIRST SUPPLEMENTAL INDENTURE (April 7th, 1997)

EXHIBIT 4.2 COLLINS & AIKMAN FLOORCOVERINGS, INC., as Issuer and IBJ SCHRODER BANK & TRUST COMPANY, as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of February 6, 1997 to INDENTURE Dated as of February 6, 1997 between CAF ACQUISITION CORPORATION, as Issuer and IBJ SCHRODER BANK & TRUST COMPANY, as Trustee -------------------- $100,000,000 10% Senior Subordinated Notes due 2007

Collins & Aikman Floor Coverings Inc – CREDIT AGREEMENT (April 7th, 1997)

Exhibit 10.1 ------------ -------------------------------------------------------------------------------- CREDIT AGREEMENT among CAF HOLDINGS, INC., CAF ACQUISITION CORPORATION, VARIOUS LENDING INSTITUTIONS, and BANKERS TRUST COMPANY, AS AGENT -------------------------------- Dated as of February 6, 1997 -------------------------------- $85,000,000 -------------------------------------------------------------------------------- TABLE OF C

Collins & Aikman Floor Coverings Inc – 1997 STOCK OPTION PLAN (April 7th, 1997)

EXHIBIT 10.4 CAF HOLDINGS, INC. 1997 STOCK OPTION PLAN 1. Purpose. The purpose of this CAF Holdings, Inc. 1997 Stock Option Plan (the "Plan") is to further the long term stability and financial success of CAF Holdings, Inc. (the "Company") by attracting and retaining key employees of the Company and its Subsidiaries through the use of stock incentives. It is believed that ownership of Company Stock will stimulate the efforts of those employees of the Company upon whose judgment and interest the Company is and will be largely dependent for the successful conduct of its business. It is also believed that Option Awards granted to such employees of the Company under this Plan will strengthen their desire to remain with the Company and will further the identification of those employees' interests with those of the Company's shareholders. 2

Collins & Aikman Floor Coverings Inc – NON-COMPETITION AGREEMENT (April 7th, 1997)

Exhibit 10.5 ------------ ================================================================================ NON-COMPETITION AGREEMENT AMONG CAF HOLDINGS, INC., COLLINS & AIKMAN FLOOR COVERINGS, INC. COLLINS & AIKMAN CORPORATION AND COLLINS & AIKMAN PRODUCTS CO. -------------------------------------- Dated as of February 6, 1997 -------------------------------------- ================================================================================ Table of Contents --------------

Collins & Aikman Floor Coverings Inc – REGISTRATION RIGHTS AGREEMENT (April 7th, 1997)

EXHIBIT 4.4 -------------------------------------------------------------------------------- REGISTRATION RIGHTS AGREEMENT Dated as of February 6, 1997 By and Between CAF ACQUISITION CORPORATION and BT SECURITIES CORPORATION, as Initial Purchaser 10% Senior Subordinated Notes due 2007 -------------------------------------------------------------------------------- TABLE OF CONTENTS ----------------- Page ---- 1. Definitions................................................ 2

Collins & Aikman Floor Coverings Inc – CONSULTING SERVICES AGREEMENT (April 7th, 1997)

EXHIBIT 10.3 ------------ CONSULTING SERVICES AGREEMENT This Agreement is made as of February _, 1997, among CAF HOLDINGS, INC., a Virginia corporation ("Holdings") and COLLINS & AIKMAN FLOORCOVERINGS, INC., a Delaware corporation ("Floorcoverings") and QUAD-C, INC., a Delaware corporation (the "Consultant"). RECITALS: A. Floorcoverings is engaged in the business of designing, manufacturing and distributing carpet and other floorcoverings for installation in buildings and other structures (the "Business"). Holdings owns all of the outstanding common stock of Floorcoverings. B. Consultant has expertise in the management and operation of businesses and Holdings desires that they provide consulting services to the Business. NOW, THEREFORE, the parties