1 EXHIBIT 10.4 REVOLVING CREDIT AGREEMENTLoan Agreement • December 14th, 1998 • Pawnmart Inc • Retail-miscellaneous shopping goods stores • Michigan
PAWNMART, INC.Underwriting Agreement • February 9th, 1998 • Pawnmart Inc • Retail-miscellaneous shopping goods stores • Texas
3 4 ask price as quoted on the National Association of Securities Dealer's OTC Bulletin Board or in the "pink sheets" published by the National Daily Quotation Bureau for the first day immediately preceding the date of exercise on which the Common...Warrant Agreement • February 9th, 1998 • Pawnmart Inc • Retail-miscellaneous shopping goods stores • Texas
EXHIBIT 99.5 REGISTRATION RIGHTS AGREEMENT REGISTRATION RIGHTS AGREEMENT, dated as of September 1, 1999 (this "Agreement"), by and between PawnMart, Inc., a Delaware corporation (the "Company"), and JESSE L. UPCHURCH, Trustee of TRUST C of THE...Registration Rights Agreement • September 1st, 1999 • Pawnmart Inc • Retail-miscellaneous shopping goods stores • Delaware
1 2 an agreement equivalent to this Agreement, the naming, appointing or electing of Indemnitee as director or officer being deemed equivalent to execution of this Agreement by such entity, jointly and severally shall indemnify the Indemnitee against...Indemnity Agreement • February 9th, 1998 • Pawnmart Inc • Retail-miscellaneous shopping goods stores • Delaware
PAWNMART, INC. 8% CONVERTIBLE PREFERRED STOCK AND WARRANT PURCHASE AGREEMENTRegistration Rights Agreement • September 1st, 1999 • Pawnmart Inc • Retail-miscellaneous shopping goods stores • Delaware
EXHIBIT 10.2 STOCK PURCHASE AGREEMENT This stock purchase agreement (the "Agreement") is made and entered into as of January 6, 2006 by and between Slammer Partners L.P., a Texas limited partnership ("Slammer"), Tim D. Edmondson ("Edmondson"), and...Stock Purchase Agreement • February 15th, 2006 • Xponential Inc • Retail-miscellaneous shopping goods stores • Texas
RECITALSPawnmart Inc • September 1st, 1999 • Retail-miscellaneous shopping goods stores
1 EXHIBIT 4.4 WARRANT AGREEMENT THIS WARRANT AGREEMENT ("Agreement") is made and entered into as of the 13th day of __________, 1998, by and between PawnMart, Inc., a Delaware corporation ("Company"), and Continental Stock Transfer & Trust Company, a...Warrant Agreement • February 9th, 1998 • Pawnmart Inc • Retail-miscellaneous shopping goods stores • Texas
1 Exhibit 4.10 SUBSCRIPTION ESCROW AGREEMENT THIS AGREEMENT made effective on March __, 1999 by and between PawnMart, Inc., ("Issuer"), Massie Capital, Ltd., ("Dealer"), and Norwest Bank Texas, N.A., ("Agent"). WHEREAS, the Issuer is offering for...Subscription Escrow Agreement • March 10th, 1999 • Pawnmart Inc • Retail-miscellaneous shopping goods stores • Texas
SUPPLEMENTAL WARRANT AGREEMENTSupplemental Warrant Agreement • February 24th, 1999 • Pawnmart Inc • Retail-miscellaneous shopping goods stores
BEST EFFORTS UNDERWRITING AGREEMENT PAWNMART, INC.Efforts Underwriting Agreement • March 10th, 1999 • Pawnmart Inc • Retail-miscellaneous shopping goods stores • Texas
Exhibit 4.9 BROKER-DEALER SELLING AGREEMENT FOR THE SALE OF 12% SUBORDINATED NOTES DUE 2004 ISSUED BY PAWNMART, INC. By our signature to this Broker-Dealer Selling Agreement, we agree with PawnMart, Inc. (the "Issuer") and Massie Capital, Ltd. (the...Broker-Dealer Selling Agreement • February 24th, 1999 • Pawnmart Inc • Retail-miscellaneous shopping goods stores • Texas
1 EXHIBIT 10.6 SEVERANCE PROTECTION AGREEMENT THIS AGREEMENT made as of the first day of June 2000, by and between PawnMart, Inc. (the "Company") and _______________(the "Executive"). WHEREAS, the Board of Directors and the Executive desire to enter...Severance Protection Agreement • August 18th, 2000 • Pawnmart Inc • Retail-miscellaneous shopping goods stores • Texas
REVOLVING CREDIT AGREEMENT BETWEEN PAWNMART, INC. AND COMERICA BANK AUGUST 30, 2002Revolving Credit Agreement • November 21st, 2002 • Pawnmart Inc • Retail-miscellaneous shopping goods stores • Michigan
THIS REVOLVING CREDIT AGREEMENT made as of the 30th day of August, 2002, by and between PawnMart, Inc. ("Borrower") and Comerica Bank ("Bank").
EXHIBIT 4.6 SERIES C WARRANT AGREEMENT THIS WARRANT AGREEMENT ("Agreement") is made and entered into as of the ___ day of __________, 1999, by and between PawnMart, Inc., a Delaware corporation ("Company"), and Continental Stock Transfer & Trust...Series C Warrant Agreement • January 15th, 1999 • Pawnmart Inc • Retail-miscellaneous shopping goods stores • Texas
PAWNMART, INC.Tia Indenture • February 24th, 1999 • Pawnmart Inc • Retail-miscellaneous shopping goods stores • Texas
BEST EFFORTS SELLING AGREEMENT XPONENTIAL, INC.Selling Agreement • January 26th, 2004 • Xponential Inc • Retail-miscellaneous shopping goods stores • Texas
This Best Efforts Selling Agreement (the "Agreement") is made and entered into this 31st day of December, 2003 by and between Xponential, Inc., a Delaware corporation, whose address is 2175 Old Concord Road SE, Suite 200, Smyrna, Georgia 30080 (the "Company"), and Massie Capital, Ltd., a Texas limited partnership, whose address is 7009 Riverport Road, Fort Worth, Texas 76116 (the "Selling Agent").
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 28th, 2005 • Xponential Inc • Retail-miscellaneous shopping goods stores • Georgia
THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Agreement”) is made and entered into as of the 30th day of June, 2005, among FCC, LLC, d/b/a First Capital, a Florida limited liability company (“Lender”), PAWNMART, INC., a Nevada corporation (“Borrower”), and XPONENTIAL, INC., a Delaware corporation (“Parent”; Borrower and Parent are sometimes referred to herein individually as an “Obligor” and collectively as the “Obligors”).
SUPPLEMENTAL INDENTURE Dated as of October 8, 2004 to Indenture Dated as of October 8, 2004Supplemental Indenture • February 18th, 2005 • Xponential Inc • Retail-miscellaneous shopping goods stores • New York
SUPPLEMENTAL INDENTURE dated as of October 8, 2004, by and between XPONENTIAL INC., a Delaware corporation (the “Company”), and THE BANK OF NEW YORK TRUST COMPANY, N.A., a national banking association, as trustee (the “Trustee”).
MANAGEMENT AGREEMENTManagement Agreement • January 26th, 2004 • Xponential Inc • Retail-miscellaneous shopping goods stores • Delaware
This management agreement (the "Agreement") is made this 3rd day of October, 2003, between American IronHorse Motorcycle Company, Inc., a Texas corporation ("AIMC"), and Xponential, Inc., a Delaware corporation ("Xponential").
ContractXponential Inc • April 7th, 2006 • Retail-miscellaneous shopping goods stores • Texas
THE INDEBTEDNESS EVIDENCED BY THIS PROMISSORY NOTE IS SUBORDINATE TO THE EXTENT AND IN THE MANNER SET FORTH IN THAT CERTAIN SUBORDINATION AGREEMENT DATED AS OF APRIL 3, 2006 BY AND AMONG XPONENTIAL, INC., CURTISWOOD CAPITAL, LLC, AMERICAN IRONHORSE MOTORCYCLE COMPANY, INC., AND TEXTRON FINANCIAL CORPORATION.
RECITALSPawnmart Inc • September 1st, 1999 • Retail-miscellaneous shopping goods stores
Tatum, LLC Full-Time Permanent Engagement Resources AgreementResources Agreement • May 29th, 2007 • Xponential Inc • Retail-miscellaneous shopping goods stores • Georgia
Tatum, LLC (“Tatum”) understands that each of Xponential, Inc. (“Xponential”) and American IronHorse Motorcycle Company, Inc. (“American Ironhorse”) (collectively, the “Company”) desire to hire Robert Schleizer, one of our partners, as an employee of the Company (the “Employee”). The Company acknowledges that the Employee is and will remain a partner in our firm so that he will have access to our firm’s resources for use in his employment with the Company. This Full-Time Permanent Engagement Resources Agreement (the “Resources Agreement”) sets forth the rights of the Company, through the Employee, to use such resources for the benefit of the Company and for the payment for such services and for making the Employee available for service to the Company.
1 EXHIBIT 10.5 EMPLOYMENT AGREEMENT This agreement, made effective as of September 7, 1998, is by and between PawnMart, Inc., hereinafter referred to collectively as the "Company", with its principal office at 301 Commerce Street, Suite 3600, Fort...Employment Agreement • January 15th, 1999 • Pawnmart Inc • Retail-miscellaneous shopping goods stores • Texas
REVOLVING CREDIT AGREEMENTCredit Agreement • October 14th, 2003 • Xponential Inc • Retail-miscellaneous shopping goods stores • Michigan
THIS REVOLVING CREDIT AGREEMENT made as of the 19th day of May, 2003, by and between PAWNMART, INC. and XPONENTIAL, INC. (collectively, "Borrower") and COMERICA BANK ("Bank").
SUBORDINATION AGREEMENTSubordination Agreement • April 7th, 2006 • Xponential Inc • Retail-miscellaneous shopping goods stores • Texas
This Subordination Agreement (“Agreement”) is made and entered into this 3rd day of April, 2006 among Xponential, Inc., Curtiswood Capital, LLC (each a “Junior Creditor” and collectively the “Junior Creditors”), American IronHorse Motorcycle Company, Inc., a Texas corporation (“Debtor”), and Textron Financial Corporation (“Senior Creditor”).
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • October 10th, 2006 • Xponential Inc • Retail-miscellaneous shopping goods stores • Texas
This Purchase and Sale Agreement (“Agreement”) is made as of this 15th day of September, 2006 between PawnMart, Inc. (“Buyer”) and Ancora Securities, Inc. (“Broker”). Sometimes Buyer and Broker are referred to herein individually as a “party” and collectively as the “parties.”
AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 28th, 2005 • Xponential Inc • Retail-miscellaneous shopping goods stores • Georgia
THIS AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Agreement”) is made and entered into as of the 23rd day of September, 2005 among FCC, LLC, d/b/a First Capital, a Florida limited liability company (“Lender”), PAWNMART, INC., a Nevada corporation (“PawnMart”), and XPONENTIAL, INC., a Delaware corporation (“Parent”).
AGREEMENTAgreement • October 10th, 2006 • Xponential Inc • Retail-miscellaneous shopping goods stores
This agreement (“Agreement”) is made as of this 4th day of October, 2006 between PawnMart, Inc. (“PawnMart”) and Integrity Mutual Funds, Inc. (“Integrity”). Sometimes PawnMart and Integrity are referred to herein individually as a “party” and collectively as the “parties.”
EMPLOYMENT AND RESTRICTIVE COVENANT AGREEMENTEmployment and Restrictive Covenant Agreement • March 21st, 2007 • Xponential Inc • Retail-miscellaneous shopping goods stores • Texas
This Employment And Restrictive Covenant Agreement (the “Agreement”) is made on this 1st day of January, 2007 (“Effective Date”), by and between PawnMart, Inc. (the “Company”) and Thomas K. Haas (the “Executive”).
American IronHorse Motorcycle Company, Inc. 4600 Blue Mound Road Fort Worth, Texas 76106 817-665-2000 April 3, 2006Xponential Inc • April 7th, 2006 • Retail-miscellaneous shopping goods stores
AGREEMENTAgreement • October 10th, 2006 • Xponential Inc • Retail-miscellaneous shopping goods stores • Texas
This agreement (the “Agreement”) is made and entered into as of September ___, 2006 by and between ___ (“Seller”) and PawnMart, Inc., a Nevada corporation (“Buyer”). Seller and Buyer are hereinafter sometimes referred to individually as a “party” and collectively as the “parties.”
EXHIBIT 10.1 SALES CONTRACTSales Contract • February 15th, 2006 • Xponential Inc • Retail-miscellaneous shopping goods stores • Georgia
ACCOUNT CONTROL AGREEMENTAccount Control Agreement • January 26th, 2004 • Xponential Inc • Retail-miscellaneous shopping goods stores • Michigan
This Account Control Agreement dated as of May 19, 2003 among Comerica Bank ("Secured Party"), Xponential, Inc. ("Pledgor"), and Comerica Securities, Inc. ("Securities Intermediary"):
