1 EXHIBIT 10.27 LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 14th, 2000 • Hastings Entertainment Inc • Retail-miscellaneous shopping goods stores • Massachusetts
1 EXHIBIT 10.26 SECURITY AGREEMENTSecurity Agreement • June 19th, 2000 • Hastings Entertainment Inc • Retail-miscellaneous shopping goods stores • Texas
1 Exhibit 10.1 INDEMNIFICATION AGREEMENT This Agreement, dated as of _______________ ___, 199__, is by and between HASTINGS ENTERTAINMENT, INC., a Texas corporation (the "Company"), and _____________________________ ("Indemnitee"). W I T N E S S E T H...Indemnification Agreement • March 13th, 1998 • Hastings Entertainment Inc • Texas
3 4 after the Registration Statement and this Agreement have become effective as in your judgment is advisable and initially to offer the Shares upon the terms set forth in the Prospectus.Underwriting Agreement • March 13th, 1998 • Hastings Entertainment Inc • New York
1 Exhibit 10.8 HASTINGS BOOKS, MUSIC & VIDEO, INC. EMPLOYEE STOCK OWNERSHIP PLAN AND TRUST AGREEMENT 2 TABLE OF CONTENTSAgreement • March 13th, 1998 • Hastings Entertainment Inc • Texas
Common StockHastings Entertainment Inc • June 11th, 1998 • Retail-miscellaneous shopping goods stores • New York
WITNESSETHNote Purchase Agreement • June 19th, 2000 • Hastings Entertainment Inc • Retail-miscellaneous shopping goods stores • New York
EXHIBIT 10.21 SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT This Second Amendment to Loan and Security Agreement (the "SECOND AMENDMENT") is made as of this 9th day of December, 2003 by and among: Fleet Retail Group, Inc. (formerly known as Fleet...Loan and Security Agreement • April 16th, 2004 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores
1 EXHIBIT 10.20 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement") is made the _____day of _________, ________, by and among HASTINGS ENTERTAINMENT, INC., a Texas corporation ("Hastings") and _______________ ("Executive"). W I T N E S S...Employment Agreement • May 19th, 1998 • Hastings Entertainment Inc • Retail-miscellaneous shopping goods stores • Texas
1 EXHIBIT 10.3 CREDIT AGREEMENTCredit Agreement • May 19th, 1998 • Hastings Entertainment Inc • Retail-miscellaneous shopping goods stores • Texas
RECITALSOffice Lease Agreement • June 14th, 2000 • Hastings Entertainment Inc • Retail-miscellaneous shopping goods stores • Texas
RECITALSStock Option Agreement • August 7th, 1998 • Hastings Entertainment Inc • Retail-miscellaneous shopping goods stores
4- 5 9. Remedy for Breach. In case of default in any of covenants herein, LESSOR may enforce the performance of this lease in any mode provided by law, and this lease may be terminated at the LESSOR's discretion if such default continues for a period...Lease Agreement • March 13th, 1998 • Hastings Entertainment Inc
BACKGROUNDCredit Agreement • June 19th, 2000 • Hastings Entertainment Inc • Retail-miscellaneous shopping goods stores • Texas
ARTICLE I DEFINITIONSStock Redemption Agreement • June 3rd, 1998 • Hastings Entertainment Inc • Retail-miscellaneous shopping goods stores • Texas
1 HASTINGS ENTERTAINMENT, INC. ASSOCIATES' 401(k) PLAN AND TRUST AGREEMENT 2 TABLE OF CONTENTSHastings Entertainment Inc • August 7th, 1998 • Retail-miscellaneous shopping goods stores
CREDIT AGREEMENTCredit Agreement • May 3rd, 1999 • Hastings Entertainment Inc • Retail-miscellaneous shopping goods stores • Texas
EMPLOYMENT AGREEMENTEmployment Agreement • April 21st, 2009 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores
THIS AGREEMENT is made effective as of August 1, 2008 (the “Effective Date"), between HASTINGS ENTERTAINMENT, INC., a Texas corporation (the “Company"), and Kevin Ball, an individual (the “Executive").
FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVER AGREEMENTCredit Agreement and Waiver Agreement • June 19th, 2000 • Hastings Entertainment Inc • Retail-miscellaneous shopping goods stores • Texas
SEPARATION AGREEMENTSeparation Agreement • March 18th, 2014 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores • Texas
This Separation Agreement (this “Agreement”) is made as of March 17, 2014 by and between Hastings Entertainment, Inc. (the “Company”) and Dan Crow (“Executive” or “you”). Capitalized terms used but not otherwise defined herein shall have the meanings assigned to them in the Merger Agreement (as defined below).
WAIVER AND AMENDMENT TO THE EMPLOYMENT AGREEMENTThe Employment Agreement • March 18th, 2014 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores • Texas
This Waiver and Amendment to the Employment Agreement (“Agreement”) is made as of March 17, 2014, by and between Draw Another Circle, LLC, a Delaware limited liability company (“Parent”), Hastings Entertainment, Inc., a Texas corporation (the “Company”), and Philip McConnell (“Executive,” and together with Parent and the Company, the “Parties”). Concurrently with the execution and delivery of this Agreement, the Parties are entering into that certain Agreement and Plan of Merger (the “Merger Agreement”), pursuant to which Hendrix Acquisition Corp., a Texas corporation and a wholly owned subsidiary of Parent, is to be merged (the “Merger”) with and into the Company with the Company surviving the Merger (the “Surviving Corporation”) on the terms and subject to the conditions set forth in the Merger Agreement. Certain capitalized terms used herein and not defined herein shall have the meanings given to them in the Merger Agreement.
and Hastings Books, Music & Video, Inc., Tenant 2 WAREHOUSE LEASE AGREEMENTWarehouse Lease Agreement • June 11th, 1998 • Hastings Entertainment Inc • Retail-miscellaneous shopping goods stores • Texas
SEVERANCE AGREEMENT AND RELEASESeverance Agreement • April 20th, 2007 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores • Texas
This Severance Agreement and Release (“Agreement”) is entered into as of the 10th day of March, 2006 (the “Effective Date”). The parties to this Agreement are Hastings Entertainment, Inc. (“Hastings” or the “Company”) and Dave Moffatt (“Moffatt”).
STOCK TRANSFER AGREEMENTStock Transfer Agreement • December 7th, 2009 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores • Texas
This Stock Transfer Agreement (the “Agreement”) is made and effective this 4th day of December, 2009 (the “Effective Date”) and is by and between the John H. Marmaduke Family Limited Partnership (the “Partnership”) and Hastings Entertainment, Inc. (the “Company”).
EMPLOYMENT AGREEMENTEmployment Agreement • April 20th, 2007 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores • Texas
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made the 5 day of Dec, 2005 (the “Effective Date”), by and between HASTINGS ENTERTAINMENT, INC., a Texas corporation (“Company”) and Michael Rigby (“Executive”).
March 17, 2014 Draw Another Circle, LLCLetter Agreement • March 18th, 2014 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores • Delaware
FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • July 26th, 2011 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores
This First Amendment to Amended and Restated Loan and Security Agreement (this “First Amendment”) is made as of the 21st day of July, 2011 by and among:
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 20th, 2006 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores
Eleet Retail Group, LLC. (formerly known as Fleet Retail Group. Inc.) (the “Agent”), a Delaware limited liability company with its principal executive offices at 40 Broad Street, Boston, Massachusetts, for the Revolving Credit Lenders party to the Agreement (defined below), and
SEVERANCE AGREEMENT AND RELEASESeverance Agreement and Release • March 29th, 2005 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores • Texas
This Severance Agreement and Release (“Agreement”) is entered into as of the 19th day of March, 2005 (the “Effective Date”). The parties to this Agreement are Hastings Entertainment, Inc. (“Hastings” or the “Company”) and Robert Berman (“Berman”).
EMPLOYMENT AGREEMENTEmployment Agreement • April 20th, 2011 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores • Texas
THIS AGREEMENT is made effective January 5, 2011 (the “Effective Date”), between HASTINGS ENTERTAINMENT, INC., a Texas corporation (the “Company”), and Scott Voth, an individual (the “Executive”).
SUPPORT AGREEMENTSupport Agreement • March 18th, 2014 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores • Texas
THIS SUPPORT AGREEMENT (this “Agreement”), dated as of March 17, 2014, is by and among Draw Another Circle, LLC, a Delaware limited liability company (“Parent”), Hendrix Acquisition Corp., a Texas corporation and a direct, wholly-owned Subsidiary of Parent (“Merger Sub”), and John H. Marmaduke, an individual, the John H. Marmaduke Family Limited Partnership, a Texas family limited partnership, and Martha A. Marmaduke, an individual (each a “Shareholder” and, collectively, the “Shareholders”).
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT BANK OF AMERICA, N.A. Agent for The Lenders Referenced Herein BANC OF AMERICA SECURITIES LLC as Sole Lead Arranger and Bookrunner and HASTINGS ENTERTAINMENT, INC. The Borrower July 22, 2010Loan and Security Agreement • April 20th, 2011 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores • Massachusetts
Bank of America, N.A. (in such capacity, herein the “Agent”), a national banking association with offices at 100 Federal Street, Boston, Massachusetts 02110, as agent for the ratable benefit of the “Revolving Credit Lenders”, who are, at present, those financial institutions identified on the signature pages of this Agreement and who in the future are those Persons (if any) who become “Revolving Credit Lenders” in accordance with the provisions of Section 2-22, below,
AND HASTINGS BOOKS, MUSIC & VIDEO, INC., TENANT 2 OFFICE LEASE AGREEMENTOffice Lease Agreement • March 13th, 1998 • Hastings Entertainment Inc • Texas
SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 20th, 2007 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores • Massachusetts
This Sixth Amendment to Loan and Security Agreement (the “Sixth Amendment”) is made as of this 27th day of February, 2007 by and among
SEVERANCE AGREEMENT AND RELEASESeverance Agreement and Release • April 20th, 2006 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores • Texas
This Severance Agreement and Release (“Agreement”) is entered into as of the 19th day of March, 2005 (the “Effective Date”). The parties to this Agreement are Hastings Entertainment, Inc. (“Hastings” or the “Company”) and Robert Berman (“Berman”).
