Weiners Stores Inc Sample Contracts

Weiners Stores Inc – EMPLOYMENT AGREEMENT (April 16th, 2001)

EXHIBIT 10.11 AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENT This AMENDMENT NO. 3, effective as of November 20, 2000 (this "Amendment"), amends the Employment Agreement, dated as of February 1, 2000 (as heretofore amended, the "Agreement"), by and between Raymond J. Miller ("Executive") and Weiner's Stores, Inc., a Delaware corporation (the "Company"). WHEREAS, in accordance with Section 9 of the Agreement, the Executive and the Company desire to amend certain terms of the Agreement on the terms and subject to the conditions hereinafter set forth; and WHEREAS, the Company has filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code") and is operating its business and managing its properties as a debtor i

Weiners Stores Inc – EMPLOYMENT AGREEMENT (April 16th, 2001)

EXHIBIT 10.12 AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENT This AMENDMENT NO. 3, effective as of November 20, 2000 (this "Amendment"), amends the Employment Agreement, dated as of February 1, 2000 (as heretofore amended, the "Agreement"), by and between Joseph J. Kassa ("Executive") and Weiner's Stores, Inc., a Delaware corporation (the "Company"). WHEREAS, in accordance with Section 9 of the Agreement, the Executive and the Company desire to amend certain terms of the Agreement on the terms and subject to the conditions hereinafter set forth; and WHEREAS, the Company has filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code") and is operating its business and managing its properties as a debtor in

Weiners Stores Inc – EMPLOYMENT AGREEMENT (December 12th, 2000)

EXHIBIT 10.2 AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT This AMENDMENT NO. 2, effective as of September 19, 2000 (this "Amendment"), amends the Employment Agreement, dated as of February 1, 2000 (as heretofore amended, the "Agreement"), by and between Raymond J. Miller ("Executive") and Weiner's Stores, Inc., a Delaware corporation (the "Company"). WHEREAS, in accordance with Section 9 of the Agreement, the Executive and the Company desire to amend certain terms of the Agreement on the terms and subject to the conditions hereinafter set forth; and WHEREAS, this Amendment shall be effective as of the date hereof; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and affirmed, the

Weiners Stores Inc – EMPLOYMENT AGREEMENT (December 12th, 2000)

EXHIBIT 10.3 AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT This AMENDMENT NO. 2, effective as of September 19, 2000 (this "Amendment"), amends the Employment Agreement, dated as of February 1, 2000 (as heretofore amended, the "Agreement"), by and between Joseph J. Kassa ("Executive") and Weiner's Stores, Inc., a Delaware corporation (the "Company"). WHEREAS, in accordance with Section 9 of the Agreement, the Executive and the Company desire to amend certain terms of the Agreement on the terms and subject to the conditions hereinafter set forth; and WHEREAS, this Amendment shall be effective as of the date hereof; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and affirmed, the pa

Weiners Stores Inc – DEBTOR-IN-POSSESSION REVOLVING CREDIT AGREEMENT (December 12th, 2000)

EXHIBIT 10.5 ------------------------------------------------------------- DEBTOR-IN-POSSESSION REVOLVING CREDIT AGREEMENT dated as of October 16, 2000 among WEINER'S STORES, INC. AS BORROWER, THE FINANCIAL INSTITUTIONS PARTY HERETO, AS LENDERS and THE CIT GROUP/BUSINESS CREDIT, INC., AS AGENT AND AS LENDER ---------------------------- $35,000,000 ---------------------------- ------------------------------------------------------------- 80289.0003 Table of Contents Se

Weiners Stores Inc – REVOLVING CREDIT AGREEMENT (December 12th, 2000)

EXHIBIT 10.1 SIXTH AMENDMENT TO REVOLVING CREDIT AGREEMENT SIXTH AMENDMENT, dated as of October 5, 2000 (this "Sixth Amendment"), to the Revolving Credit Agreement, dated as of August 26, 1997 (as amended by (i) that certain First Amendment to Revolving Credit Agreement, dated September 30, 1997, (ii) that certain Second Amendment to Revolving Credit Agreement, dated as of August 29, 1998, (iii) those certain letter agreements, dated October 4, 1999, February 24, 2000 and July 18, 2000, and as may be hereafter amended, supplemented or modified from time to time in accordance with its terms, the "Credit Agreement"), by and among WEINER'S STORES, INC., a Delaware corporation (the "Borrower"), the financial institutions from time to time party thereto (collectively, the "Lenders") and THE CIT GROUP/BUS

Weiners Stores Inc – WEINER'S STORES, INC. ANNOUNCES CREDIT AGREEMENT (October 17th, 2000)

Exhibit 99.2 WEINER'S STORES, INC. ANNOUNCES CREDIT AGREEMENT Houston, Texas (Business Wire)...October 16, 2000 - Weiner's Stores, Inc. (OTCBB:WEIR) announced today that it has signed a debtor-in-possession revolving credit agreement with a $35.0 million working capital fund, including a $15.0 million sub-facility for the issuance of letters of credit, with its current lender, The CIT Group/Business Credit, Inc. This agreement is secured by substantially all of the Company's assets. The proceeds may be used solely to fund working capital in the ordinary course of business and for general corporate purposes. The revolving credit agreement requires that the Company maintain certain financial covenants and stipulates certain borrowing limitations based on the Company's inventory levels. Raymond J. Miller, Chairman and Chief Executive Officer, stated, "We are pleased to announce the completion of this a

Weiners Stores Inc – EMPLOYMENT AGREEMENT (September 12th, 2000)

EXHIBIT 10.2 ------------ AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT This AMENDMENT NO. 1, dated as of June 28, 2000 (this "Amendment"), amends the Employment Agreement, dated as of February 1, 2000 (the "Agreement"), by and between Raymond J. Miller ("Executive") and Weiner's Stores, Inc., a Delaware corporation (the "Company"). WHEREAS, in accordance with Section 9 of the Agreement, the Executive and the Company desire to amend certain terms of the Agreement on the terms and subject to the conditions hereinafter set forth; and WHEREAS, this Amendment shall be effective as of the date hereof; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowle

Weiners Stores Inc – EMPLOYMENT AGREEMENT (September 12th, 2000)

EXHIBIT 10.3 ------------ AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT This AMENDMENT NO. 1, dated as of June 28, 2000 (this "Amendment"), amends the Employment Agreement, dated as of February 1, 2000 (the "Agreement"), by and between Joseph J. Kassa ("Executive") and Weiner's Stores, Inc., a Delaware corporation (the "Company"). WHEREAS, in accordance with Section 9 of the Agreement, the Executive and the Company desire to amend certain terms of the Agreement on the terms and subject to the conditions hereinafter set forth; and WHEREAS, this Amendment shall be effective as of the date hereof; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledg

Weiners Stores Inc – PRESS RELEASE (June 29th, 2000)

EXHIBIT 99.1 ------------ PRESS RELEASE ------------- WEINER'S STORES, INC. CHAIRMAN, PRESIDENT AND CEO, HERBERT R. DOUGLAS, TO RETIRE; RAYMOND J. MILLER NAMED NEW CHAIRMAN, PRESIDENT AND CEO; CHANGES IN SENIOR MANAGEMENT Houston -- (Business Wire) - June 28, 2000 -- Weiner's Stores, Inc. (OTCBB: WEIR) today reported that its chairman, president and CEO, Herbert R. Douglas, has announced his retirement. Mr. Douglas will continue to serve on the board and as a consultant to the company. Raymond J. Miller, currently executive vice president, chief operating officer and chief financial officer, will take the helm as the company's new chairman, president and chief executive officer effective immediately. In making the announcement

Weiners Stores Inc – NONQUALIFIED STOCK OPTION AGREEMENT (April 17th, 2000)

EXHIBIT 10.4 ------------ FORM OF NONQUALIFIED STOCK OPTION AGREEMENT GRANTED TO: [name of employee] DATE OF GRANT: [date] GRANTED PURSUANT TO: Weiner's Stores, Inc. 1999 Stock Incentive Plan NUMBER OF UNDERLYING SHARES: [number of shares] EXERCISE PRICE: [exercise price] VESTING SCHEDULE: [brief description of vesting schedule] 1. This Nonqualified Stock Option Agreement (the "Agreement") is made and entered into as of [ date ] (the "Date of Grant") between Weiner's Stores, Inc., a Delaware corporation (the "Company") and [ name of employee ] (the "Employee"). It is the intent of the Company and the Employee that the Option (as de

Weiners Stores Inc – EMPLOYMENT AGREEMENT (April 17th, 2000)

EXHIBIT 10.8 ------------ EMPLOYMENT AGREEMENT Agreement, dated as of February 1, 2000, between Weiner's Stores, Inc., a Delaware corporation (the "Company"), and Joseph J. Kassa (the "Executive"). W I T N E S S E T H : ------------------- WHEREAS, the Company desires to continue the employment of the Executive, and the Executive desires to accept such employment, on all the terms and conditions specified herein; and WHEREAS, the Executive and the Company desire to set forth in writing all of their respective duties, rights and obligations with respect to the Executive's employment by the Company; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and obligations hereinafter set for

Weiners Stores Inc – INCENTIVE STOCK OPTION AGREEMENT (April 17th, 2000)

EXHIBIT 10.3 ------------ FORM OF INCENTIVE STOCK OPTION AGREEMENT GRANTED TO: [name of employee] DATE OF GRANT: [date] GRANTED PURSUANT TO: Weiner's Stores, Inc. 1999 Stock Incentive Plan NUMBER OF UNDERLYING SHARES: [number of shares] EXERCISE PRICE: [exercise price] VESTING SCHEDULE: [brief description of vesting schedule] 1. This Incentive Stock Option Agreement (the "Agreement") is made and entered into as of [ date ] (the "Date of Grant") between Weiner's Stores, Inc., a Delaware corporation (the "Company") and [ name of employee ] (the "Employee"). It is the intent of the Company and the

Weiners Stores Inc – EMPLOYMENT AGREEMENT (April 17th, 2000)

EXHIBIT 10.9 ------------ EMPLOYMENT AGREEMENT -------------------- Agreement, dated as of February 1, 2000, between Weiner's Stores, Inc., a Delaware corporation (the "Company"), and James L. Berens (the "Executive"). W I T N E S S E T H : ------------------- WHEREAS, the Company desires to continue the employment of the Executive, and the Executive desires to accept such employment, on all the terms and conditions specified herein; and WHEREAS, the Executive and the Company desire to set forth in writing all of their respective duties, rights and obligations with respect to the Executive's employment by the Company; NOW, THEREFORE, in consideration of the foregoing and of the mu

Weiners Stores Inc – 1999 STOCK INCENTIVE PLAN (April 17th, 2000)

EXHIBIT 10.2 ------------ WEINER'S STORES, INC. 1999 STOCK INCENTIVE PLAN 1. PURPOSE. The Weiner's Stores, Inc. 1999 Stock Incentive Plan (the "Plan") is intended to provide incentives which will attract, retain and motivate highly competent persons as key employees and non-employee directors of Weiner's Stores, Inc. (the "Company") and of any subsidiary corporation now existing or hereafter formed or acquired, by providing them opportunities to acquire shares of the common stock, par value $.01 per share, of the Company ("Common Stock"). Furthermore, the Plan is intended to assist in aligning the interests of the Company's key employees and non-employee directors to those of its stockholders. 2. ADMINISTRATION. (a) The Plan sha

Weiners Stores Inc – EMPLOYMENT AGREEMENT (April 17th, 2000)

EXHIBIT 10.7 ------------ EMPLOYMENT AGREEMENT -------------------- Agreement, dated as of February 1, 2000, between Weiner's Stores, Inc., a Delaware corporation (the "Company"), and Raymond J. Miller (the "Executive"). W I T N E S S E T H : ------------------- WHEREAS, the Company desires to continue the employment of the Executive, and the Executive desires to accept such employment, on all the terms and conditions specified herein; and WHEREAS, the Executive and the Company desire to set forth in writing all of their respective duties, rights and obligations with respect to the Executive's employment by the Company; NOW, THEREFORE, in consideration of the foregoing and of the

Weiners Stores Inc – AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENT (June 14th, 1999)

Exhibit 10.1 WEINER'S STORES, INC. AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENT This Amendment No. 3 (this "Amendment") to the Employment Agreement (as hereinafter defined), effective as of March 25, 1999, is by and between Weiner's Stores, Inc., a Delaware corporation (the "Company"), and Raymond J. Miller (the "Executive"). WHEREAS, the Company and the Executive are party to that certain Employment Agreement dated as of February 24, 1995 (the "Original Employment Agreement"); and WHEREAS, the Company and the Executive are party to that certain Amendment No. 1 to Employment Agreement dated as of April 7, 1995 ("Amendment No. 1"), which amends the Original Employment Agreement; and WHEREAS, the Company and the Executive are party to that certain agreement dated as of May 1, 1997 ("Amendment No. 2"), which amends the Original Emplo

Weiners Stores Inc – PRESS RELEASE (December 31st, 1998)

EXHIBIT 99.1 PRESS RELEASE ------------- WEINER'S STORES, INC. ANNOUNCES HERBERT R. DOUGLAS'S CONTRACT ------------------------------------------------------------- AS PRESIDENT AND CHIEF EXECUTIVE OFFICER EXTENDED ------------------------------------------------- Houston, Texas (Business Wire).....Weiner's Stores, Inc. (OTCBB: WEIR) announced that the Board of Directors has extended the employment contract of Herbert R. Douglas, President and Chief Executive Officer of Weiner's Stores, Inc., for two additional years. Mr. Douglas's employment contract will expire on January 31, 2001. Mr. Douglas also continues to serve as the Chairman of the Board of Directors. Mr. Douglas's retailing career has spanned 35 years, beginning as a trainee at Abraham & Straus, a division of Federated Departmen

Weiners Stores Inc – EMPLOYMENT AGREEMENT (December 31st, 1998)

EXHIBIT 10.1 EMPLOYMENT AGREEMENT -------------------- Agreement, dated as of February 1, 1999, between Weiner's Stores, Inc., a Delaware corporation (the "Company"), and Herbert Douglas (the "Executive"). W I T N E S S E T H : --------------------- WHEREAS, the Company desires to continue the employment of the Executive as its President and Chief Executive Officer and the Executive desires to accept such employment, on all the terms and conditions specified herein; and WHEREAS, the Executive and the Company desire to set forth in writing all of their respective duties, rights and obligations with respect to the Executive's employment by the Company; and NOW, THEREFORE, in consideration of the foregoing and of the mutual c

Weiners Stores Inc – REVOLVING CREDIT AGREEMENT (December 14th, 1998)

Exhibit 10.1 SECOND AMENDMENT TO REVOLVING CREDIT AGREEMENT SECOND AMENDMENT, dated as of August 29, 1998 (this "Second Amendment"), to the Revolving Credit Agreement, dated as of August 26, 1997 (as amended by that certain First Amendment to Revolving Credit Agreement, dated September 30, 1997, and as may be hereafter amended, supplemented or modified from time to time in accordance with its terms, the "Credit Agreement"), by and among WEINER'S STORES, INC., a Delaware corporation (the "Borrower"), the financial institutions from time to time party hereto (collectively, the "Lenders") and THE CIT GROUP/BUSINESS CREDIT, INC., as a Lender and as agent for the Lenders (in such capacity, the "Agent"). WHEREAS, the Borrower was required, on or before September 25, 1997, to furnish the

Weiners Stores Inc – EMPLOYMENT AGREEMENT (April 14th, 1998)

EXHIBIT 10.7 WEINER'S STORES, INC. EMPLOYMENT AGREEMENT Draft: 2/23/95 AGREEMENT made as of this 24th day of February, 1995 between Weiner's Stores, Inc., a Texas corporation (the "Company"), and Raymond J. Miller (the "Executive"). RECITALS: The Company desires to assure itself of the services of the Executive on a full time basis for an extended period. The Executive desires to join and continue in the employ of the Company and is willing to enter into this Agreement to provide his services to the Company for such period and upon the terms and conditions herein set forth. NOW, THEREFORE, in consideration of the premises and of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. Employment. 1.1 Position. Subject to the terms and condi

Weiners Stores Inc – 1997 STOCK INCENTIVE PLAN (April 14th, 1998)

EXHIBIT 10.1 WEINER'S STORES, INC. 1997 STOCK INCENTIVE PLAN 1. PURPOSE. The Weiner's Stores, Inc. 1997 Stock Incentive Plan (the "Plan") is intended to provide incentives which will attract, retain and motivate highly competent persons as key employees and non-employee directors of Weiner's Stores, Inc. (the "Company") and of any subsidiary corporation now existing or hereafter formed or acquired, by providing them opportunities to acquire shares of the common stock, par value $.01 per share, of the Company ("Common Stock"). Furthermore, the Plan is intended to assist in aligning the interests of the Company's key employees and non-employee directors to those of its stockholders. 2. ADMINISTRATION. (a) The Plan shall be administered by a committee or subcommittee (the "Committee") appointed by the Board

Weiners Stores Inc – EMPLOYMENT AGREEMENT (April 14th, 1998)

EXHIBIT 10.5 EMPLOYMENT AGREEMENT -------------------- Agreement, dated as of December 1, 1995, between Weiner's Stores, Inc., a Delaware corporation (the "Company"), and Herbert Douglas (the "Executive"). W I T N E S S E T H : ------------------- WHEREAS, the Company desires to employ the Executive as its President and Chief Executive Officer and the Executive desires to accept such employment, on all the terms and conditions specified herein; and WHEREAS, the Executive and the Company desire to set forth in writing all of their respective duties, rights and obligations with respect to the Executive's employment by the Company; and NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and obligations hereinafter se

Weiners Stores Inc – INCENTIVE STOCK OPTION AGREEMENT (April 14th, 1998)

EXHIBIT 10.2 FORM OF INCENTIVE STOCK OPTION AGREEMENT GRANTED TO: [name of employee] DATE OF GRANT: [date] GRANTED PURSUANT TO: Weiner's Stores, Inc. 1997 Stock Incentive Plan NUMBER OF UNDERLYING SHARES: [number of shares] EXERCISE PRICE: [exercise price] VESTING SCHEDULE: [brief description of vesting schedule] 1. This Incentive Stock Option Agreement (the "Agreement") is made and entered into as of [ date ] (the "Date of Grant") between Weiner's Stores, Inc., a Delaware corporation (the "Company") and [ name of employee ] (the "Employee"). It is the intent of the Company and the Employee that the Option (as defined in Paragraph 2 below) shall qualify as an "incentive stock option" ("ISO") under Section 422 of the Internal Revenue Code of 1986, as amended

Weiners Stores Inc – NONQUALIFIED STOCK OPTION AGREEMENT (April 14th, 1998)

EXHIBIT 10.3 FORM OF NONQUALIFIED STOCK OPTION AGREEMENT GRANTED TO: [name of employee] DATE OF GRANT: [date] GRANTED PURSUANT TO: Weiner's Stores, Inc. 1997 Stock Incentive Plan NUMBER OF UNDERLYING SHARES: [number of shares] EXERCISE PRICE: [exercise price] VESTING SCHEDULE: [brief description of vesting schedule] 1. This Nonqualified Stock Option Agreement (the "Agreement") is made and entered into as of [ date ] (the "Date of Grant") between Weiner's Stores, Inc., a Delaware corporation (the "Company") and [ name of employee ] (the "Employee"). It is the intent of the Company and the Employee that the Option (as defined in Paragraph 2 below) will not qualify as an "incentive stock option" under Section 422 of the Internal Revenue Code of 1986, as amended from time to ti

Weiners Stores Inc – AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (April 14th, 1998)

EXHIBIT 10.8 WEINER'S STORES, INC. AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT Amendment No. 1 made as of this 7th day of April, 1995 ("this Amendment") to the Employment Agreement made as of the 24th day of February, 1995 (the "Agreement") between Weiner's Stores, Inc., a Texas corporation (the "Company"), and Raymond J. Miller (the "Executive"). RECITALS: The Company and the Executive are parties to the Employment Agreement. The Company and the Executive desire to amend the Agreement as set forth below. NOW, THEREFORE, in consideration of the premises and of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. Amendments. (a) Section 2 of the Agreement is amended by substituting "$200,

Weiners Stores Inc – RESTRICTED STOCK AGREEMENT (April 14th, 1998)

EXHBIT 10.4 FORM OF RESTRICTED STOCK AGREEMENT GRANTED TO: [name of employee] DATE OF GRANT: [date] GRANTED PURSUANT TO: Weiner's Stores, Inc. 1997 Stock Incentive Plan NUMBER OF SHARES: [number of shares] VESTING SCHEDULE: [brief description of vesting schedule] 1. This Restricted Stock Agreement (the "Agreement") is made and entered into as of [ date ] between Weiner's Stores, Inc., a Delaware corporation (the "Company") and [ name of employee ] (the "Employee"). 2. The Employee is granted [ number of shares ] shares of Weiner's Stores, Inc. Common Stock (the "Restricted Stock"). The Restricted Stock is granted under the Weiner's Stores, Inc. 1997 Stock Incentive Plan (the "Plan"), a copy of which is enclosed herewith, and is subject to the terms of the Plan and of this Agreement. Capitali

Weiners Stores Inc – REGISTRATION RIGHTS AGREEMENT (April 14th, 1998)

EXHIBIT 4.1 REGISTRATION RIGHTS AGREEMENT ----------------------------- This REGISTRATION RIGHTS AGREEMENT (this "Agreement") is entered into as of August 26, 1997 between Weiner's Stores, Inc., a Delaware corporation (the "Company"), and Texas Commerce Bank N.A., a national banking association ("TCB"). W I T N E S S E T H: ------------------- WHEREAS, the Company has authorized 50,000,000 shares of Common Stock, par value $0.01 per share (the "Common Stock"); WHEREAS, the Plan of Reorganization under Chapter 11 of title 11 of the United States Code for the Company (the "Plan") was confirmed on August 13, 1997 (the "Effective Date") by order of the United States Bankruptcy Court for the District of Delaware in Case No. 95-417 (PJW);

Weiners Stores Inc – REVOLVING CREDIT AGREEMENT (April 14th, 1998)

EXHIBIT 10.14 REVOLVING CREDIT AGREEMENT dated as of August 26, 1997 among WEINER'S STORES, INC. AS BORROWER, ----------- THE FINANCIAL INSTITUTIONS PARTY HERETO, AS LENDERS, ---------- and THE CIT GROUP/BUSINESS CREDIT, INC., AS AGENT -------- ----------------------- $40,000,000 ----------------------- Table of Contents ----------------- Se

Weiners Stores Inc – REVOLVING CREDIT AGREEMENT (April 14th, 1998)

EXHIBIT 10.15 FIRST AMENDMENT TO REVOLVING CREDIT AGREEMENT First Amendment, dated as of September 30, 1997, to the Revolving Credit Agreement, dated as of August 26, 1997, (the "Credit Agreement"), among WEINER'S STORES, INC., a Delaware corporation (the "Borrower"), the financial institutions from time to time party thereto (collectively, the "Lenders" and individually, a "Lender") and THE CIT GROUP/BUSINESS CREDIT, INC., as a Lender and as agent for the Lenders (in such capacity, the "Agent"). The Borrower, the Lenders, and the Agent desire to amend certain provisions of the Credit Agreement. Accordingly, the Borrower, the Lenders, and the Agent hereby agree as follows: 1. Definitions. All capitalized terms used herein and not otherwise defined herein are use

Weiners Stores Inc – TRANSPORTATION AGREEMENT (April 14th, 1998)

EXHIBIT 10.16 ROADRUNNER MOVING & STORAGE, INC. TRANSPORTATION AGREEMENT WITH WEINER'S STORES, INC. THIS AGREEMENT is made and entered into this FEBRUARY 11, 1998 to become effective on APRIL 13. 1998, or before as mutually agreed, by and between ROADRUNNER Moving & Storage, Inc., (hereinafter referred to as "ROADRUNNER"), and WEINER'S Stores, Inc. (hereinafter referred to as "WEINER'S"). WITNESSETH: WHEREAS, ROADRUNNER owns and operates a transportation service; and WHEREAS, WEINER'S desires to contract with ROADRUNNER to provide transportation of its WEINER'S store goods by ROADRUNNER, upon the terms and conditions hereinafter set forth, and WEINER'S also desires to enter into such a contract; and, NOW, THEREFORE, for, and in consideration of, the promises a

Weiners Stores Inc – RESTRICTED STOCK AGREEMENT (January 27th, 1998)

EXHBIT 10.4 FORM OF RESTRICTED STOCK AGREEMENT GRANTED TO: [name of employee] DATE OF GRANT: [date] GRANTED PURSUANT TO: Weiner's Stores, Inc. 1997 Stock Incentive Plan NUMBER OF SHARES: [number of shares] VESTING SCHEDULE: [brief description of vesting schedule] 1. This Restricted Stock Agreement (the "Agreement") is made and entered into as of [ date ] between Weiner's Stores, Inc., a Delaware corporation (the "Company") and [ name of employee ] (the "Employee"). 2. The Employee is granted [ number of shares ] shares of Weiner's Stores, Inc. Common Stock (the "Restricted Stock"). The Restricted Stock is granted under the Weiner's Stores, Inc. 1997 Stock Incentive Plan (the "Plan"), a copy of which is enclosed herewith, and is subject to the terms of the Plan and of this Agreement. Capitali

Weiners Stores Inc – REGISTRATION RIGHTS AGREEMENT (January 27th, 1998)

EXHIBIT 4.1 REGISTRATION RIGHTS AGREEMENT ----------------------------- This REGISTRATION RIGHTS AGREEMENT (this "Agreement") is entered into as of August 26, 1997 between Weiner's Stores, Inc., a Delaware corporation (the "Company"), and Texas Commerce Bank N.A., a national banking association ("TCB"). W I T N E S S E T H: ------------------- WHEREAS, the Company has authorized 50,000,000 shares of Common Stock, par value $0.01 per share (the "Common Stock"); WHEREAS, the Plan of Reorganization under Chapter 11 of title 11 of the United States Code for the Company (the "Plan") was confirmed on August 13, 1997 (the "Effective Date") by order of the United States Bankruptcy Court for the District of Delaware in Case No. 95-417 (PJW);

Weiners Stores Inc – INCENTIVE STOCK OPTION AGREEMENT (January 27th, 1998)

EXHIBIT 10.2 FORM OF INCENTIVE STOCK OPTION AGREEMENT GRANTED TO: [name of employee] DATE OF GRANT: [date] GRANTED PURSUANT TO: Weiner's Stores, Inc. 1997 Stock Incentive Plan NUMBER OF UNDERLYING SHARES: [number of shares] EXERCISE PRICE: [exercise price] VESTING SCHEDULE: [brief description of vesting schedule] 1. This Incentive Stock Option Agreement (the "Agreement") is made and entered into as of [ date ] (the "Date of Grant") between Weiner's Stores, Inc., a Delaware corporation (the "Company") and [ name of employee ] (the "Employee"). It is the intent of the Company and the Employee that the Option (as defined in Paragraph 2 below) shall qualify as an "incentive stock option" ("ISO") under Section 422 of the Internal Revenue Code of 1986, as amended

Weiners Stores Inc – REVOLVING CREDIT AGREEMENT (January 27th, 1998)

EXHIBIT 10.14 REVOLVING CREDIT AGREEMENT dated as of August 26, 1997 among WEINER'S STORES, INC. AS BORROWER, ----------- THE FINANCIAL INSTITUTIONS PARTY HERETO, AS LENDERS, ---------- and THE CIT GROUP/BUSINESS CREDIT, INC., AS AGENT -------- ----------------------- $40,000,000 ----------------------- Table of Contents ----------------- Se