Marinemax Inc Sample Contracts

WITNESSETH:
Loan and Security Agreement • February 14th, 2000 • Marinemax Inc • Retail-auto & home supply stores • Michigan
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March 12, 1998 2 SETTLEMENT AGREEMENT
Settlement Agreement • May 4th, 1998 • Marinemax Inc • Retail-auto & home supply stores • Delaware
RECITALS
Employment Agreement • February 14th, 2003 • Marinemax Inc • Retail-auto & home supply stores
RECITALS
Employment Agreement • May 4th, 1998 • Marinemax Inc • Retail-auto & home supply stores
1 EMPLOYMENT AGREEMENT
Employment Agreement • October 20th, 1998 • Marinemax Inc • Retail-auto & home supply stores
RECITALS
Employment Agreement • December 29th, 1998 • Marinemax Inc • Retail-auto & home supply stores
RECITALS
Employment Agreement • February 14th, 2003 • Marinemax Inc • Retail-auto & home supply stores
BETWEEN
Employment Agreement • May 26th, 1998 • Marinemax Inc • Retail-auto & home supply stores • Arizona
1 Exhibit 10.6 SETTLEMENT AGREEMENT
Marinemax Inc • March 12th, 1998 • Delaware
2,919,369 Shares(1) Common Stock ($0.001 par value)
Marinemax Inc • May 26th, 1998 • Retail-auto & home supply stores • New York
1 EXHIBIT 10.8 RESTATED AGREEMENT RELATING TO THE PURCHASE OF MARINEMAX COMMON STOCK
Marinemax Inc • May 26th, 1998 • Retail-auto & home supply stores • Delaware
among
Stockholders' Agreement • May 26th, 1998 • Marinemax Inc • Retail-auto & home supply stores • Delaware
and
Rights Agreement • September 5th, 2001 • Marinemax Inc • Retail-auto & home supply stores • Delaware
AGREEMENT OF MERGER AND PLAN OF REORGANIZATION
Agreement of Merger • May 4th, 1998 • Marinemax Inc • Retail-auto & home supply stores • Delaware
WITNESSETH:
Loan and Security Agreement • August 10th, 1999 • Marinemax Inc • Retail-auto & home supply stores • Georgia
WITNESSETH:
Loan and Security Agreement • May 26th, 1998 • Marinemax Inc • Retail-auto & home supply stores • Georgia
BY AND AMONG
Agreement and Plan of Organization • March 12th, 1998 • Marinemax Inc • Delaware
April 28, 1998 2 GOVERNANCE AGREEMENT
Governance Agreement • May 26th, 1998 • Marinemax Inc • Retail-auto & home supply stores • Delaware
BY AND AMONG
Agreement of Merger and Plan • July 20th, 1998 • Marinemax Inc • Retail-auto & home supply stores • Delaware
2,600,000 Shares* MARINEMAX, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • September 11th, 2009 • Marinemax Inc • Retail-auto & home supply stores • New York

MarineMax, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to Raymond James & Associates, Inc. (the “Underwriter”), an aggregate of 2,600,000 shares of its common stock, par value $0.001 per share (the “Common Stock”). The aggregate of 2,600,000 shares to be purchased from the Company are called the “Firm Shares.” In addition, the Company has agreed to sell to the Underwriter, upon the terms and conditions stated herein, up to an additional 390,000 shares of Common Stock (the “Additional Shares”) to cover over-allotments by the Underwriter, if any. The Firm Shares and the Additional Shares are collectively referred to in this Agreement as the “Shares.”

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MARINEMAX, INC. and as Trustee Guaranteed to the extent set forth therein by the Guarantors named herein. INDENTURE dated as of
Indenture • December 2nd, 2020 • Marinemax Inc • Retail-auto & home supply stores • New York

INDENTURE dated as of [ ] by and among MARINEMAX, INC., a Florida corporation (the “Company”), the guarantors listed on Schedule 1 hereto (herein called the “Guarantors”), and [ ], as Trustee (the “Trustee”).

3,147,486 Shares MARINEMAX, INC. Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • October 31st, 2003 • Marinemax Inc • Retail-auto & home supply stores • Florida

Richard R. Bassett (“Bassett” or the “Selling Stockholder”), a stockholder of MarineMax, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to sell to the several Underwriters named in Schedule I hereto (the “Underwriters”), an aggregate of 3,147,486 shares of the Company’s Common Stock, par value $.001 per share (the “Common Stock”). The aggregate of 3,147,486 shares to be purchased from Bassett are called the “Shares.” Raymond James & Associates, Inc. is acting as the Representative of the several Underwriters and in such capacity is referred to in this Agreement as the “Representative.”

AMENDMENT NO. 2 TO CREDIT AND SECURITY AGREEMENT
Credit and Security Agreement • February 17th, 2004 • Marinemax Inc • Retail-auto & home supply stores
BY AND AMONG
6 Agreement and Plan of Organization • March 12th, 1998 • Marinemax Inc • Delaware
SALES AND SERVICE AGREEMENT
Sales and Service Agreement • February 5th, 2015 • Marinemax Inc • Retail-auto & home supply stores • Tennessee

This Sales and Service Agreement (“Agreement”) is entered into as of September 1, 2014 by Boston Whaler, Inc. (“Boston Whaler” or “Company”) MarineMax, Inc. (“MarineMax”), and MarineMax East, Inc. (“Dealer”), in consideration of the mutual covenants contained in this Agreement, and subject to and incorporating herein the Sales and Service Agreement Terms and Conditions attached hereto. Pursuant to this Agreement, Company hereby appoints Dealer through its Dealer Locations identified in Exhibit A as its dealer for the sale of Products in the Territory identified in such Exhibit. Dealer represents and warrants to Company that MarineMax, Inc. is the sole and exclusive parent of Dealer.

AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • November 29th, 2018 • Marinemax Inc • Retail-auto & home supply stores

THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT executed on November ___, 2018 (this “Agreement”), by and between MarineMax, Inc., a Florida corporation (the “Company”), and Michael H. McLamb (“Executive”) to amend and restate in its entirety any and all previously existing employment arrangements or agreements between the parties.

RECITALS
Employment Agreement • June 13th, 2006 • Marinemax Inc • Retail-auto & home supply stores
AMENDMENT NO. 3 TO AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT
Credit and Security Agreement • May 10th, 2006 • Marinemax Inc • Retail-auto & home supply stores
SALES AND SERVICE AGREEMENT
Sales and Service Agreement • December 11th, 2014 • Marinemax Inc • Retail-auto & home supply stores • Tennessee

This Sales and Service Agreement (“Agreement”) is entered into as of September 1, 2014 by Sea Ray, a Division of Brunswick Corporation (“Sea Ray” or “Company”) MarineMax, Inc. (“MarineMax”), and MarineMax East, Inc. (“Dealer”), in consideration of the mutual covenants contained in this Agreement, and subject to and incorporating herein the Sales and Service Agreement Terms and Conditions attached hereto. Pursuant to this Agreement, Company hereby appoints Dealer through its Dealer Locations identified in Exhibit A as its dealer for the sale of Products in the Dealer Regions identified in such Exhibit. Dealer represents and warrants to Company that MarineMax, Inc. is the sole and exclusive parent of Dealer.

RAYMOND JAMES & ASSOCIATES, INC. MARINEMAX, INC. 2,861,200 Shares of Common Stock, Par Value $0.001 Underwriting Agreement
Marinemax Inc • February 17th, 2005 • Retail-auto & home supply stores • New York

MarineMax, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule I hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 1,000,000 shares and, at the option of the Underwriters, up to an additional 429,000 shares, of common stock, par value $0.001 per share (the “Stock”), of the Company and BCMM Holdings, Inc., a Delaware corporation (the “Selling Stockholder”), proposes to sell to the Underwriters an aggregate of 1,861,200 shares of the Stock. The aggregate of 2,861,200 shares of the Stock to be sold by the Company and the Selling Stockholder is herein called the “Underwritten Shares” and the up to 429,000 additional shares of the Stock to be sold by the Company at the Underwriters’ option are herein called the “Option Shares”. The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The Stock, including the Shares, will have attache

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