FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 16th, 2003 • Too Inc • Women's, misses', and juniors outerwear • Ohio
EXHIBIT 10.21 EMPLOYMENT AGREEMENT (SALLY A. BOYER) THIS AGREEMENT is effective as of September 15, 2003 by and between TOO, INC., a Delaware corporation (the "Company"), and SALLY A. BOYER (the "Executive") (hereinafter collectively referred to as...Employment Agreement • September 8th, 2004 • Too Inc • Women's, misses', and juniors outerwear • Ohio
100,000,000 UNSECUREDCredit Agreement • May 7th, 2003 • Too Inc • Women's, misses', and juniors outerwear • Ohio
EXHIBIT 10.28 EMPLOYMENT AGREEMENT (WILLIAM E. MAY) THIS AGREEMENT is effective as of February 23, 2004 by and between TOO, INC., a Delaware corporation (the "Company"), and WILLIAM E. MAY (the "Executive") (hereinafter collectively referred to as...Employment Agreement • April 7th, 2004 • Too Inc • Women's, misses', and juniors outerwear • Ohio
TOO, INC.Too Inc • April 29th, 2002 • Women's, misses', and juniors outerwear • New York
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 3rd, 2004 • Too Inc • Women's, misses', and juniors outerwear • Ohio
EXHIBIT 10.21 EMPLOYMENT AGREEMENT (SALLY A. BOYER) THIS AGREEMENT is effective as of September 15, 2003 by and between TOO, INC., a Delaware corporation (the "Company"), and SALLY A. BOYER (the "Executive") (hereinafter collectively referred to as...Employment Agreement • April 7th, 2004 • Too Inc • Women's, misses', and juniors outerwear • Ohio
Exhibit 4.1 RIGHTS AGREEMENT dated as of August 14, 2001 by and betweenRights Agreement • August 27th, 2001 • Too Inc • Women's, misses', and juniors outerwear • Delaware
RECITALSRights Agreement • December 17th, 2003 • Too Inc • Women's, misses', and juniors outerwear
EXHIBIT 10.1 EMPLOYMENT AGREEMENT (MICHAEL W. RAYDEN) THIS AGREEMENT is effective as of September 15, 2000 by and between TOO, INC., a Delaware corporation (the "Company"), and MICHAEL W. RAYDEN (the "Executive") (hereinafter collectively referred to...Employment Agreement • December 12th, 2000 • Too Inc • Women's, misses', and juniors outerwear • Ohio
between TOO, INC. andServices Agreement • October 1st, 1999 • Too Inc • Women's, misses', and juniors outerwear • New York
1 EXHIBIT 10.7 EMPLOYMENT AGREEMENT (SALLY A. BOYER) THIS AGREEMENT is effective as of September 15, 2000 by and between TOO, INC., a Delaware corporation (the "Company"), and SALLY A. BOYER (the "Executive") (hereinafter collectively referred to as...Employment Agreement • December 12th, 2000 • Too Inc • Women's, misses', and juniors outerwear • Ohio
RECITALS:Executive Agreement • April 7th, 2004 • Too Inc • Women's, misses', and juniors outerwear • Ohio
SECOND AMENDMENT ----------------Credit Agreement • April 29th, 2002 • Too Inc • Women's, misses', and juniors outerwear • New York
FORM OF DISTRIBUTION AGREEMENT between The Limited, Inc., and Too, Inc. ------------------------------------Distribution Agreement • June 28th, 1999 • Too Inc • Men's & boys' furnishgs, work clothg, & allied garments • Delaware
1 Exhibit 2.1 DISTRIBUTION AGREEMENTDistribution Agreement • October 1st, 1999 • Too Inc • Women's, misses', and juniors outerwear • Delaware
CONFORMED COPY AMENDMENT TO BUILDING LEASE AGREEMENT ------------------------------------- This amendment to the Building Lease Agreement dated July 1, 1995 (the "LEASE AGREEMENT") between Distribution Land Corp., a Delaware corporation (hereinafter...Building Lease Agreement • October 1st, 1999 • Too Inc • Women's, misses', and juniors outerwear • Ohio
1 EXHIBIT 10.14 CONFIDENTIALITY AND NON-COMPETITION AGREEMENT As an executive associate of Limited Too, Inc. (the "Company"), I have access to trade secrets and other confidential or proprietary information ("Confidential Information") of the Company....Confidentiality and Non-Competition Agreement • April 27th, 2000 • Too Inc • Women's, misses', and juniors outerwear • Ohio
UNSECURED SENIOR REVOLVING CREDIT AND TERM LOAN FACILITY CREDIT AGREEMENT by and among TWEEN BRANDS, INC. and THE GUARANTORS PARTY HERETO and THE REVOLVING CREDIT LENDERS PARTY HERETO and THE TERM LOAN LENDERS PARTY HERETO and BANK OF AMERICA, N.A.,...Credit Agreement • September 14th, 2007 • Tween Brands, Inc. • Women's, misses', and juniors outerwear • Ohio
THIS CREDIT AGREEMENT (this “Agreement”) is dated as of September 12, 2007 and is made by and among TWEEN BRANDS, INC., a Delaware corporation (the “Borrower”), each of the GUARANTORS (as hereinafter defined), the REVOLVING CREDIT LENDERS (as hereinafter defined), the TERM LOAN LENDERS (as hereinafter defined), and BANK OF AMERICA, N.A., a national banking association, in its capacity as administrative agent for the Revolving Credit Lenders and the Term Loan Lenders under this Agreement (hereinafter referred to in such capacity as the “Agent”), NATIONAL CITY BANK, as Syndication Agent, FIFTH THIRD BANK, as Documentation Agent, CITICORP NORTH AMERICA, INC., as Managing Agent, BANC OF AMERICA SECURITIES LLC, as sole book runner, and BANC OF AMERICA SECURITIES LLC and NATIONAL CITY BANK, as co-lead arrangers.
EMPLOYMENT AGREEMENT Michael W. RaydenEmployment Agreement • December 9th, 2008 • Tween Brands, Inc. • Women's, misses', and juniors outerwear • Ohio
THIS AGREEMENT is effective as of December 3, 2008 by and between Tween Brands, Inc., a Delaware corporation (the “Company”), and Michael W. Rayden (the “Executive”) (hereinafter collectively referred to as “the parties”).
EXECUTIVE AGREEMENT (Michael W. Rayden)Executive Agreement • December 9th, 2008 • Tween Brands, Inc. • Women's, misses', and juniors outerwear • Ohio
This is an Agreement between Tween Brands, Inc., a Delaware corporation (the “Corporation”), with its principal office located at 8323 Walton Parkway, New Albany, Ohio 43054, and Michael W. Rayden (the “Executive”), effective as of December 3, 2008.
June 24, 2009 Rolando de Aguiar Tween Brands, Inc. 8323 Walton Parkway New Albany, Ohio 43054 Dear Rolando: As you know, Tween Brands, Inc. (the “Company”) is contemplating entering into an Agreement and Plan of Merger (the “Merger Agreement”) with...Tween Brands, Inc. • June 25th, 2009 • Women's, misses', and juniors outerwear • Ohio
The Company recognizes that if it enters into the Merger Agreement, you will be asked to perform additional responsibilities during the executory period as the Company works to consummate the Merger. In recognition of these additional responsibilities, and as a special incentive for you to remain continuously employed with the Company through the closing of the Merger, the Company will pay you a special retention bonus (the “Retention Bonus”) equal to Two Hundred Thousand dollars ($200,000.00) if you remain continuously employed by the Company through the closing date of the Merger. The Company will also pay you your full Retention Bonus if the Merger closes but, prior to the closing date of the Merger, the Company terminates your employment without “Cause” (as defined in your Executive Agreement with the Company dated as of September 26, 2008 (the “Executive Agreement”)). However, if your employment with the Company terminates prior to the closing date of the Merger for any reason oth
AGREEMENT AND PLAN OF MERGER by and among THE DRESS BARN, INC., THAILAND ACQUISITION CORP. and TWEEN BRANDS, INC. June 24, 2009Agreement and Plan of Merger • June 25th, 2009 • Tween Brands, Inc. • Women's, misses', and juniors outerwear • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made as of June 24, 2009, by and among The Dress Barn, Inc., a Connecticut corporation (“Parent”), Thailand Acquisition Corp., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and Tween Brands, Inc., a Delaware corporation (the “Company”). Capitalized terms used and not otherwise defined in this Agreement have the meanings set forth in Article IX.
BETWEENTax Separation Agreement • October 1st, 1999 • Too Inc • Women's, misses', and juniors outerwear • New York
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 8th, 2008 • Tween Brands, Inc. • Women's, misses', and juniors outerwear
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated May 14, 2008, is entered into by and among TWEEN BRANDS, INC., a Delaware corporation (the “Borrower”), each of the GUARANTORS (as hereinafter defined), the REVOLVING CREDIT LENDERS (as hereinafter defined), the TERM LOAN LENDERS (as hereinafter defined), and BANK OF AMERICA, N.A., a national banking association, in its capacity as administrative agent for the Secured Parties (as defined below) under this Agreement (hereinafter referred to in such capacity as the “Agent”).
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 2nd, 2005 • Too, Inc. • Women's, misses', and juniors outerwear • Ohio
THIS FOURTH AMENDMENT TO CREDIT AGREEMENT (the “Amendment”), dated as of May 13, 2005, effective January 29, 2005, is made by and among Too, Inc., a Delaware corporation (the “Borrower”), each of the Guarantors (as defined in the Credit Agreement defined below), the Lenders (as defined in the Credit Agreement defined below), National City Bank, in its capacity as sole lead arranger and administrative agent for the Lenders under the Credit Agreement (the “Agent”), Fifth Third Bank, as co-syndication agent, LaSalle Bank National Association, as co-syndication agent, Bank of America, N.A., as co-documentation agent, and The Huntington National Bank, as co-documentation agent.
New Albany, Ohio 43054Tween Brands, Inc. • January 23rd, 2007 • Women's, misses', and juniors outerwear
Per our discussion, this Letter Agreement will serve to specify the terms of your separation from Tween Brands, Inc. (“Tween Brands” or the “Company”) under the Employment Agreement dated February 23, 2004 between you and the Company (the “Employment Agreement”). Except as set forth below, (a) all terms and conditions of your Employment Agreement remain in force and (b) to the extent of any disagreement between this Letter Agreement and the Employment Agreement, the Employment Agreement shall control. Any capitalized word or term used but not defined in this Letter Agreement has the meaning given to it in the Employment Agreement.
FORM OFTrademark and Service Mark Licensing Agreement • July 16th, 1999 • Too Inc • Men's & boys' furnishgs, work clothg, & allied garments • Delaware
The Dress Barn, Inc. 30 Dunnigan Drive Suffern, NY 10901 June 24, 2009Tween Brands, Inc. • June 25th, 2009 • Women's, misses', and juniors outerwear
Reference is also made to the Employment Agreement effective as of December 3, 2008, between the Company and you (the “Employment Agreement”) and the Executive Agreement effective as of December 3, 2008, between the Company and you (the “Executive Agreement” and, together with the Employment Agreement, the “Rayden Agreements”).
General Release & Severance AgreementGeneral Release • August 30th, 2006 • Tween Brands, Inc. • Women's, misses', and juniors outerwear • Ohio
This General Release and Severance Agreement (“General Release Agreement”) is made and entered into between Poe A. Timmons (“Associate”) and Tween Brands, Inc. (the “Company”).
SEPARATION PAY, CONFIDENTIALITY & NON-COMPETITION AGREEMENTNon-Competition Agreement • April 3rd, 2007 • Tween Brands, Inc. • Women's, misses', and juniors outerwear • Ohio
As an executive associate of Tween Brands, Inc. (the “Company”), I have access to trade secrets and other confidential or proprietary information (“Confidential Information”) of the Company. I may also originate or develop Confidential Information in connection with the performance of my duties with the Company. I understand that all of such Confidential Information as well as any inventions, designs or innovations that I conceive or devise from my use of the Company’s time, equipment, facilities and support services belong exclusively to the Company, and that it may not be used for my personal benefit, the benefit of a competitor, or for the benefit of any person or entity other than the Company.
Stock Award Agreement Acknowledgement of ReceiptStock Award Agreement • April 3rd, 2007 • Tween Brands, Inc. • Women's, misses', and juniors outerwear
This Stock Award Agreement Acknowledgement of Receipt is entered into by and between Tween Brands, Inc. (the “Company”), and the associate of the Company whose name appears below (the “Associate”) in order to set forth the terms and conditions of Stock Awards granted to the Associate under the 2005 Stock Option and Performance Incentive Plan (the “Plan”).
Notice of Grant of Restricted Stock TOO, Inc. ID: 31-1333930 TOO, INC 8223 Walton Parkway New Albany, OH 43054 Name: ___________________________ Award No.: ___________________ Address: ________________________ Plan: ________________________...Too, Inc. • February 11th, 2005 • Women's, misses', and juniors outerwear
Stock Award Type: [ ] Incentive Stock Options [ ] Non-qualified Stock Options [ ] Performance Vesting Restricted Stock [ ] Service Vesting Restricted Stock [ ] Other: -------------------------------------------------------------------------------
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 2nd, 2005 • Too, Inc. • Women's, misses', and juniors outerwear • Ohio
THIS THIRD AMENDMENT TO CREDIT AGREEMENT (the “Amendment”), dated as of November 16, 2004, is made by and among Too, Inc., a Delaware corporation (the “Borrower”), each of the Guarantors (as defined in the Credit Agreement defined below), the Lenders (as defined in the Credit Agreement defined below), National City Bank, in its capacity as sole lead arranger and administrative agent for the Lenders under the Credit Agreement (the “Agent”), Fifth Third Bank, as co-syndication agent, LaSalle Bank National Association, as co-syndication agent, Bank of America, N.A., as co-documentation agent, and The Huntington National Bank, as co-documentation agent.
EXECUTIVE AGREEMENT Michael KeaneExecutive Agreement Michael Keane • October 2nd, 2008 • Tween Brands, Inc. • Women's, misses', and juniors outerwear • Ohio
THIS EXECUTIVE AGREEMENT (“Agreement”) is effective as of September 26, 2008 by and between Tween Brands, Inc., a Delaware corporation (the “Company”) and Michael Keane (the “Executive”) (hereinafter collectively referred to as “the parties”).
