ARTICLE TWO ----------- REPRESENTATION AND WARRANTY OF HOLDER -------------------------------------Option Agreement • January 12th, 2001 • Ourpets Co • Wholesale-miscellaneous nondurable goods • Ohio
EXHIBIT 6.1 ASSET PURCHASE AGREEMENT By and among AKON PLASTIC ENTERPRISES, INC., an Ohio corporation as "Buyer",Asset Purchase Agreement • January 12th, 2001 • Ourpets Co • Wholesale-miscellaneous nondurable goods • Ohio
EXHIBIT 6.3 NON-COMPETITION AGREEMENT ------------------------- THIS NON- COMPETITION AGREEMENT ("Agreement") is dated as of the last day of March, 2000, between AKON PLASTIC ENTERPRISES, INC., an Ohio corporation (the "Company"); and OURPET"S COMPANY...Non-Competition Agreement • August 8th, 2000 • Ourpets Co • Ohio
Exhibit 10.19 PROMISSORY NOTEPromissory Note • March 27th, 2003 • Ourpets Co • Wholesale-miscellaneous nondurable goods • Ohio
L E A S E --------- THIS LEASE is made this 17th day of March, 1993 by and between Senk ---- ----- Properties, (hereinafter called "Lessor") and GPI Division, Napro, Inc., an Ohio Corporation (hereinafter called "Lessee").Ourpets Co • January 8th, 2001 • Wholesale-miscellaneous nondurable goods • Ohio
EXHIBIT 10.8 Indemnity Agreement THIS AGREEMENT made and entered into this 31st day of March, 2000, by and among Akon Plastic Enterprises, Inc., an Ohio corporation, and David Harman (joint and severally known as the "Indemnitors"), and OurPet's...Indemnity Agreement • March 7th, 2001 • Ourpets Co • Wholesale-miscellaneous nondurable goods • Ohio
c) On the date hereof, Borrower shall duly execute and deliver to Bank a Revolving Note in the form of Exhibit 2.1 attached hereto and ----------- incorporated herein by reference (the "Revolving Note"), in the principal amount of One Million Five...Credit Agreement • March 26th, 2002 • Ourpets Co • Wholesale-miscellaneous nondurable goods • Ohio
Exhibit 10.12 VENDOR AGREEMENT WAL-MART STORES, INC. Corporate Office Bentonville, AR 72716 (501) 273-4000 THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT AND THE PARTIES HERETO AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS HEREIN: HOWEVER, THIS VENDOR...Vendor Agreement • March 7th, 2001 • Ourpets Co • Wholesale-miscellaneous nondurable goods • Arkansas
COMMERCIAL SECURITY AGREEMENTSecurity Agreement • August 18th, 2006 • Ourpets Co • Plastics products, nec • Ohio
THIS COMMERCIAL SECURITY AGREEMENT dated July 13, 2006, is made and executed between OURPET’S COMPANY (“Grantor”) and FIRSTMERIT BANK, N.A. (“Lender”).
COMMERCIAL SECURITY AGREEMENTSecurity Agreement • December 14th, 2016 • Ourpets Co • Plastics products, nec • Ohio
THIS COMMERCIAL SECURITY AGREEMENT dated December 9, 2016, is made and executed between OURPET'S COMPANY, VIRTU COMPANY and SMP COMPANY INCORPORATED ("Grantor") and The Huntington National Bank ("Lender").
COMMERCIAL SECURITY AGREEMENTCommercial Security Agreement • March 29th, 2007 • Ourpets Co • Plastics products, nec • Ohio
THIS COMMERCIAL SECURITY AGREEMENT dated March 23, 2007, is made and executed between OURPET’S COMPANY (“Grantor”) and FIRSTMERIT BANK, N.A. (“Lender”).
EXHIBIT 10.11 NATIONAL BANK OF CANADA and NATIONAL CANADA BUSINESS CORP. INVENTORY AND ACCOUNTS RECEIVABLE LOAN AND SECURITY AGREEMENTOurpets Co • March 7th, 2001 • Wholesale-miscellaneous nondurable goods • Ohio
Form of Registration Rights AgreementRegistration Rights Agreement • June 25th, 2008 • Ourpets Co • Plastics products, nec • Ohio
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of June 20, 2008, by and among OurPet’s Company, a Colorado corporation (the “Company”), , , and , and any other entities and individuals who, at any time, acquire securities of the Company and executes a counterpart of this Agreement or otherwise agrees to be bound by this Agreement in accordance with Sections 9.8 or 9.12 hereof (each, a “Holder” and, collectively, the “Holders”).
LEASELease • August 14th, 2012 • Ourpets Co • Plastics products, nec
This Lease is made this 10th day of August, 2012 by and between SENK Properties, LLC, an Ohio limited liability company (hereinafter called “Lessor”) and OurPet’s Company, a Colorado Corporation (hereinafter called “Lessee”), and is intended to replace in its entirety an earlier Lease between Lessor and Lessee dated March 1, 2007.
EMPLOYMENT AGREEMENTEmployment Agreement • June 3rd, 2013 • Ourpets Co • Plastics products, nec • Ohio
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into as of May 31, 2013 (the “Effective Date”), at Fairport Harbor, Ohio, by and between OurPet’s Company, a Colorado corporation maintaining a place of business at 1300 East Street, Fairport Harbor, Ohio 44077 (hereinafter referred to as “Employer”), and Konstantine S. Tsengas, an individual residing at 6433 Deer Haven Dr., Concord, Ohio 44077 (hereinafter referred to as “Employee”).
ContractOurpets Co • October 6th, 2011 • Plastics products, nec • Ohio
THIS WARRANT AND ANY SECURITIES ACQUIRED UPON THE EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR ANY STATE SECURITIES LAWS AND NEITHER THE SECURITIES NOR ANY INTEREST THEREIN MAY BE OFFERED, SOLD, TRANSFERRED, PLEDGED OR OTHERWISE DISPOSED OF EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER SUCH ACT OR SUCH LAWS OR AN EXEMPTION FROM REGISTRATION UNDER SUCH ACT AND SUCH LAWS THAT, IN THE OPINION OF COUNSEL FOR THE HOLDER, WHICH COUNSEL AND OPINION ARE REASONABLY SATISFACTORY TO COUNSEL FOR THIS CORPORATION, IS AVAILABLE.
EXHIBIT 6.7 Lease Agreement This Lease Agreement, is made and entered into this 24/th/ day of June, 1999, by and between W.E.B. Developers Inc., with principal offices located at 284 Richmond Street, Painesville, Ohio, (hereinafter called "Lessor")...Lease Agreement • August 8th, 2000 • Ourpets Co
AMENDMENT TO NOTEOurpets Co • December 13th, 2012 • Plastics products, nec
This Amendment to Note (“Amendment”) is effective as of December 7, 2012 by and between FirstMerit Bank, N.A., (hereafter “Lender”) and OurPet's Company, Virtu Company, and SMP Company Incorporated (hereafter “Borrower”) (Collectively “Parties”).
AMENDMENT TO NOTEOurpets Co • September 23rd, 2009 • Plastics products, nec
This Amendment to Note (“Amendment”) is entered into and effective as of September 17, 2009, by and between FirstMerit Bank, N.A., (hereafter “FMB” or “Lender”) and Ourpet’s Company (hereafter “Borrower”) (Collectively “Parties”).
Voting AgreementVoting Agreement • January 6th, 2006 • Ourpets Co • Plastics products, nec • Ohio
THIS VOTING AGREEMENT (this “Agreement”) is made and entered into as of January 3, 2006, by and among OurPet’s Company, a Colorado corporation (the “Company”), Steven Tsengas, Evangelia S. Tsengas, Konstantine S. Tsengas, Nicholas S. Tsengas, Senk Properties, Joseph T. Aveni, Carl Fazio, Jr., and John G. Murchie (together, the “OurPet’s Stockholders”), and Pet Zone Products Ltd., an Ohio limited liability company (“Pet Zone”), Capital One Partners, LLC, an Ohio limited liability company, LJR Limited Partnership, an Ohio limited partnership, Nottingham Ventures, Ltd., an Ohio limited liability company, and Spirk Ventures, Ltd., an Ohio limited liability company (together with Pet Zone, the “Pet Zone Stockholders”).
ASSET PURCHASE AGREEMENT between OURPET’S COMPANY (BUYER) and PET ZONE PRODUCTS LTD. (SELLER)Asset Purchase Agreement • January 6th, 2006 • Ourpets Co • Plastics products, nec • Ohio
THIS ASSET PURCHASE AGREEMENT (“Agreement”) dated as of January 3, 2006 (“Effective Date”), by and between OurPet’s Company, a Colorado corporation (“Buyer”), and Pet Zone Products Ltd., an Ohio limited liability company (“Seller”).
LEASELease • January 5th, 2012 • Ourpets Co • Plastics products, nec
This Triple Net Lease is made this 30th day of December, 2011 by and between SENK Properties, LLC, (hereinafter called “Lessor”) and OurPet’s Company, a Colorado Corporation (hereinafter called “Lessee”).
FEE AGREEMENTFee Agreement • December 2nd, 2008 • Ourpets Co • Plastics products, nec • Ohio
THIS FEE AGREEMENT (the “Agreement”) is made and entered into this 25th day of November, 2008 by and between by and between Nottingham-Spirk Design Associates, Inc., an Ohio corporation with offices at 2200 Overlook Road, Cleveland, OH 44106 (“NSDA”), and OurPet’s Company, a Colorado corporation with offices at 1300 East Street, Fairport Harbor, OH 44077, (“OURPETS”). NSDA and OURPETS may hereinafter be referred to as a “Party” and collectively as the “Parties.”
SEPARATION SEVERANCE AGREEMENTSeparation Severance Agreement • February 17th, 2012 • Ourpets Co • Plastics products, nec
THIS SEPARATION SEVERANCE AGREEMENT (“Agreement”) is made as of the 13th day of February, 2012 (the “Commencement Date”, by and between John M. Silvestri, an individual (the “Employee”), and OurPet’s Company, a Colorado corporation whose principal address is 1300 East Street, Fairport Harbor, Ohio 44077 (the “Employer”).
CAT LITTER DEVICE DEVELOPMENT AGREEMENTCat Litter Device Development Agreement • January 19th, 2007 • Ourpets Co • Plastics products, nec • Ohio
This Cat Litter Device Development Agreement (the “Agreement”) is made on January 15, 2007, by and between Nottingham-Spirk Design Associates, Inc., an Ohio corporation with offices at 2200 Overlook Road, Cleveland, Ohio 44106 (“NSDA”) and OurPet’s Company, a Colorado corporation with offices at 1300 East Street, Fairport Harbor, Ohio 44077 (“OurPets”).
CONTRIBUTION AGREEMENTContribution Agreement • June 25th, 2008 • Ourpets Co • Plastics products, nec • Ohio
This Contribution Agreement (the “Agreement”) is made as of June 20, 2008 by and among OurPet’s Company (the “Company”), Senk Properties, an Ohio general partnership, and Dr. William M. Fraser (each a “Contributor” and collectively, the “Contributors”).
LOAN AGREEMENTLoan Agreement • October 6th, 2011 • Ourpets Co • Plastics products, nec • Ohio
THIS LOAN AGREEMENT is made and entered into by and between the Lender and the Borrower, under the circumstances summarized in the following recitals (the capitalized terms used in the recitals being used therein as defined in Article I hereof):
FORM OF VOTING AND SUPPORT AGREEMENTForm of Voting and Support Agreement • December 20th, 2018 • Ourpets Co • Plastics products, nec • Delaware
This VOTING AND SUPPORT AGREEMENT (this “Agreement”), dated as of December [●], 2018, is entered into by and among Paws Merger Parent, LLC, a Delaware limited liability company (“Parent”), Dr. Steven Tsengas, individually (“S. Tsengas”), Konstantine S. Tsengas, individually (“K. Tsengas”), Joseph T. Aveni, individually (“Aveni”), Nick Tsengas, individually (“N. Tsengas”), PZ Holdings Ltd., an Ohio limited liability company (“Pet Zone”), Capital One Partners, LLC, an Ohio limited liability company (“Capital One”), Nottingham Ventures, Ltd., an Ohio limited liability company (“Nottingham”), Spirk Ventures, Ltd., an Ohio limited liability company (“Spirk”), LJR Limited Partnership, an Ohio limited partnership (“LJR”) (collectively, S. Tsengas, K. Tsengas, Aveni, N. Tsengas, Pet Zone, Capital One, Nottingham, Spirk and LJR are the “Shareholders”; each, individually, is a “Shareholder”).
Registration Rights AgreementRegistration Rights Agreement • January 6th, 2006 • Ourpets Co • Plastics products, nec • Ohio
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of January 3, 2006, by and among OurPet’s Company, a Colorado corporation (the “Company”), and Pet Zone Products Ltd., an Ohio limited liability company (“Pet Zone”), and any other entities and individuals who, at any time, acquire securities of the Company and executes a counterpart of this Agreement or otherwise agrees to be bound by this Agreement in accordance with Sections 9.8 or 9.12 hereof (each, a “Stockholder” and, collectively, the “Stockholders”).
CONTRIBUTION AGREEMENTContribution Agreement • February 12th, 2008 • Ourpets Co • Plastics products, nec • Ohio
This Contribution Agreement (the “Agreement”) is made as of February 7, 2008 by and among OurPet’s Company (the “Company”), Senk Properties, an Ohio general partnership, and Dr. William M. Fraser (each a “Contributor” and collectively, the “Contributors”).
OURPET’S COMPANY SECURITY AGREEMENTSecurity Agreement • June 25th, 2013 • Ourpets Co • Plastics products, nec
This Security Agreement is entered into as of the 20th day of June, 2013, by and between OURPET’S COMPANY, an Ohio corporation (“Borrower”) and Lake County Board of Commissioners of Lake County, Ohio, (“Secured Party”).
AMENDMENT TO NOTEOurpets Co • November 18th, 2013 • Plastics products, nec
This Amendment to Note (“Amendment”) is effective as of November 12, 2013, by and between FirstMerit Bank, N.A., (hereafter “Lender”) and OurPet's Company, Virtu Company, and SMP Company Incorporated (hereafter “Borrower”) (Collectively “Parties”).
AMENDMENT TO LOAN AGREEMENTLoan Agreement • March 29th, 2007 • Ourpets Co • Plastics products, nec
THIS AMENDMENT TO BUSINESS LOAN AGREEMENT made at Mentor, Ohio as of March 23, 2007, between FIRSTMERIT BANK, N.A., (the “Lender”) and OurPet’s Co. (the “Borrower”).
OurPet's Company PROMISSORY NOTE ---------------Ourpets Co • March 7th, 2001 • Wholesale-miscellaneous nondurable goods • Ohio
AMENDMENT TO LOAN AGREEMENTLoan Agreement • March 30th, 2012 • Ourpets Co • Plastics products, nec
THIS AMENDMENT TO BUSINESS LOAN AGREEMENT (ASSET BASED) made at Akron, Ohio as of March 26, 2012, between FIRSTMERIT BANK, N.A., (the "Lender") and Ourpet’s Company (the "Borrower").
