28,000,000.00 REVOLVING LINE OF CREDIT $12,000,000.00 TERM LOANLoan Agreement • December 16th, 1999 • Krispy Kreme Doughnuts Inc • North Carolina
I. - MERGERAgreement and Plan of Merger • December 16th, 1999 • Krispy Kreme Doughnuts Inc • North Carolina
DATED AS OFRights Agreement • April 3rd, 2000 • Krispy Kreme Doughnuts Inc • Retail-eating places • North Carolina
RECITALS:Services Agreement • April 6th, 2005 • Krispy Kreme Doughnuts Inc • Retail-food stores
This AMENDMENT TO SERVICES AGREEMENT (the "Amendment") dated as of March 31, 2005 is made by and between Krispy Kreme Doughnuts, Inc. (the "Company"), Stephen F. Cooper ("Cooper"), Steven G. Panagos ("Panagos") and Kroll Zolfo Cooper LLC ("KZC"), a New Jersey limited liability company.
1 EXHIBIT 10.1 AFTER RECORDING RETURN TO: Christopher L. Carson, Esq. Jones, Day, Reavis & Pogue 3500 SunTrust Plaza 303 Peachtree Street Atlanta, Georgia 30308-3242 LEASE AGREEMENT Dated as of April 26, 2001Lease Agreement • June 13th, 2001 • Krispy Kreme Doughnuts Inc • Retail-eating places • Illinois
RECITALEmployment Agreement • April 16th, 2004 • Krispy Kreme Doughnuts Inc • Retail-food stores • North Carolina
40,000,000.00 REVOLVING LINE OF CREDIT $12,000,000.00 TERM LOANLoan Agreement • January 18th, 2001 • Krispy Kreme Doughnuts Inc • Retail-eating places • North Carolina
Exhibit 10.1 SECOND AMENDMENT TO CREDIT AGREEMENT, WAIVER AND LIMITED CONSENT THIS SECOND AMENDMENT TO CREDIT AGREEMENT, WAIVER AND LIMITED CONSENT (this "Amendment") is made as of the 24th day of January, 2005, among KRISPY KREME DOUGHNUT...Credit Agreement • January 25th, 2005 • Krispy Kreme Doughnuts Inc • Retail-food stores • North Carolina
RECITALEmployment Agreement • April 27th, 2001 • Krispy Kreme Doughnuts Inc • Retail-eating places • North Carolina
1 EXHIBIT 1.1 KRISPY KREME DOUGHNUTS, INC. 2,000,000 Shares of Common Stock Underwriting AgreementKrispy Kreme Doughnuts Inc • January 18th, 2001 • Retail-eating places • Maryland
LIMITED CONSENTKrispy Kreme Doughnuts Inc • January 24th, 2005 • Retail-food stores • North Carolina
Exhibit 10.1 Consulting Agreement This Consulting Agreement (the "Agreement") is made and entered into, effective January 18, 2005, by and between Krispy Kreme Doughnuts, Inc. (the "Company") and Scott A. Livengood (the "Consultant"). Now therefore,...Consulting Agreement • January 18th, 2005 • Krispy Kreme Doughnuts Inc • Retail-food stores • North Carolina
FORM OFLicense Agreement • December 16th, 1999 • Krispy Kreme Doughnuts Inc • North Carolina
EXHIBIT 2.1 AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • January 31st, 2003 • Krispy Kreme Doughnuts Inc • Retail-food stores • Delaware
EXHIBIT 10.26 RESTRICTED STOCK PURCHASE AGREEMENT THIS RESTRICTED STOCK PURCHASE AGREEMENT (the "Agreement"), made as of the __th day of ________, 1993 by and between KRISPY KREME DOUGHNUT CORPORATION (the "Company") and __________ (the...Restricted Stock Purchase Agreement • February 22nd, 2000 • Krispy Kreme Doughnuts Inc • Retail-eating places • North Carolina
AGREEMENT AND PLAN OF MERGER By and Among KRISPY KREME DOUGHNUTS, INC. COTTON PARENT, INC., COTTON MERGER SUB INC. And JAB HOLDINGS B.V. Dated as of May 8, 2016Agreement and Plan of Merger • May 9th, 2016 • Krispy Kreme Doughnuts Inc • Retail-food stores • New York
AGREEMENT AND PLAN OF MERGER (hereinafter called this “Agreement”), dated as of May 8, 2016, by and among Krispy Kreme Doughnuts, Inc., a North Carolina corporation (the “Company”), Cotton Parent, Inc., a Delaware corporation (“Parent”), Cotton Merger Sub Inc., a North Carolina corporation and a wholly owned subsidiary of Parent (“Merger Sub,”), and JAB Holdings B.V., a private limited liability company incorporated under the laws of the Netherlands (the “HoldCo”), the Company and Merger Sub sometimes being hereinafter collectively referred to as the “Constituent Corporations”).
EMPLOYMENT AGREEMENTEmployment Agreement • December 11th, 2015 • Krispy Kreme Doughnuts Inc • Retail-food stores • North Carolina
THIS EMPLOYMENT AGREEMENT (“Agreement”), dated effective as of August 17, 2015, is among Krispy Kreme Doughnut Corporation, a North Carolina corporation (“KKDC”), Krispy Kreme Doughnuts, Inc., a North Carolina corporation (the “Company” and, together with KKDC, the “Companies”), and Thomas Kuharcik (the “Executive”).
FORM OF] DIRECTOR INDEMNIFICATION AGREEMENTDirector Indemnification Agreement • November 12th, 2014 • Krispy Kreme Doughnuts Inc • Retail-food stores • North Carolina
This Director Indemnification Agreement, dated as of ___________ (this “Agreement”), is made by and between Krispy Kreme Doughnuts, Inc., a North Carolina corporation (the “Company”), and ___________ (“Indemnitee”).
FORM OF] OFFICER INDEMNIFICATION AGREEMENTOfficer Indemnification Agreement • September 18th, 2007 • Krispy Kreme Doughnuts Inc • Retail-food stores • North Carolina
This Officer Indemnification Agreement, dated as of Date (this “Agreement”), is made by and between Krispy Kreme Doughnuts, Inc., a North Carolina corporation (the “Company”), and Indemnitee Name (“Indemnitee”).
October 15, 1997 --------------------------------------------Krispy Kreme Doughnuts Inc • April 3rd, 2000 • Retail-eating places
SECOND LIEN CREDIT AGREEMENT dated as of April 1, 2005 amongSecond Lien Credit Agreement • April 7th, 2005 • Krispy Kreme Doughnuts Inc • Retail-food stores • New York
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • April 17th, 2009 • Krispy Kreme Doughnuts Inc • Retail-food stores • North Carolina
AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) dated as of December 15, 2008 (“Amendment Effective Date”) among Krispy Kreme Doughnut Corporation, a North Carolina Corporation (“KKDC”), Krispy Kreme Doughnuts, Inc., a North Carolina Corporation (the “Company” and together with KKDC, the “Companies”) and M. Bradley Wall (the “Executive”).
TAX ASSET PROTECTION PLAN dated as of January 14, 2013 between KRISPY KREME DOUGHNUTS, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC as Rights AgentTax Asset Protection Plan • January 15th, 2013 • Krispy Kreme Doughnuts Inc • Retail-food stores • North Carolina
TAX ASSET PROTECTION PLAN (as amended from time to time, this “Agreement”), dated as of January 14, 2013, between KRISPY KREME DOUGHNUTS, INC., a North Carolina corporation (including any successor hereunder, the “Company”), and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, as Rights Agent (the “Rights Agent”, which term shall include any successor Rights Agent hereunder).
EXHIBIT 10.8 COLLATERAL REPURCHASE AGREEMENT THIS COLLATERAL REPURCHASE AGREEMENT (the "Agreement") is made and entered into this 31st day of March, 1998 by and among KRISPY KREME DOUGHNUT CORPORATION, a North Carolina corporation, with its principal...Collateral Repurchase Agreement • February 22nd, 2000 • Krispy Kreme Doughnuts Inc • Retail-eating places
DIRECTOR INDEMNIFICATION AGREEMENTDirector Indemnification Agreement • April 28th, 2006 • Krispy Kreme Doughnuts Inc • Retail-food stores • North Carolina
This Director Indemnification Agreement, dated as of October 4, 2004 (this “Agreement”), is made by and between Krispy Kreme Doughnuts, Inc., a North Carolina corporation (the “Company”), and (“Indemnitee”).
RECITALSTrademark License Agreement • February 22nd, 2000 • Krispy Kreme Doughnuts Inc • Retail-eating places • Kentucky
FORM OF] KRISPY KREME DOUGHNUTS, INC. NONQUALIFIED STOCK OPTION AGREEMENTNonqualified Stock Option Agreement • March 17th, 2011 • Krispy Kreme Doughnuts Inc • Retail-food stores • North Carolina
THIS NONQUALIFIED STOCK OPTION AGREEMENT (this “Agreement”) is made as of [_____] (the “Grant Date”), by and between Krispy Kreme Doughnuts, Inc., a North Carolina corporation having its principal office at 370 Knollwood Street, Winston-Salem, North Carolina 27103 (the “Corporation”), and [_____] (the “Optionee”).
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • February 1st, 2011 • Krispy Kreme Doughnuts Inc • Retail-food stores • New York
THIS PLEDGE AND SECURITY AGREEMENT, dated as of the 28th day of January, 2011 (this “Agreement”), is made by KRISPY KREME DOUGHNUTS, INC., a North Carolina corporation (the “Parent”), KRISPY KREME DOUGHNUT CORPORATION, a North Carolina corporation (the “Borrower”), and by each of the undersigned Subsidiaries of the Borrower and each other Subsidiary that, after the date hereof, executes an instrument of accession hereto substantially in the form of Exhibit C (a “Pledgor Accession”; the undersigned and such other Subsidiaries, collectively, together with the Parent and the Borrower, the “Pledgors”), in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders party to the Credit Agreement referred to below (in such capacity, the “Administrative Agent”), for the benefit of the Secured Parties (as hereinafter defined). Except as otherwise provided herein, capitalized terms used herein without definition have the meanings given to them in the Credit Agreement
EMPLOYMENT AGREEMENTEmployment Agreement • April 2nd, 2015 • Krispy Kreme Doughnuts Inc • Retail-food stores • North Carolina
THIS EMPLOYMENT AGREEMENT (“Agreement”), dated effective as of May 13, 2014, is among Krispy Kreme Doughnut Corporation, a North Carolina corporation (“KKDC”), Krispy Kreme Doughnuts, Inc., a North Carolina corporation (the “Company” and, together with KKDC, the “Companies”), and Cathleen D. Allred (the “Executive”).
EXHIBIT 10.12 COLLATERAL REPURCHASE AGREEMENT THIS COLLATERAL REPURCHASE AGREEMENT, made as of the 2nd day of January, 1998, by and among BONNIE SILVEY VANDEGRIFT, a resident of Transylvania County, North Carolina, and BREVARD TENNIS AND ATHLETIC...Collateral Repurchase Agreement • February 22nd, 2000 • Krispy Kreme Doughnuts Inc • Retail-eating places • North Carolina
FIRST LIEN CREDIT AGREEMENT dated as of April 1, 2005 amongFirst Lien Credit Agreement • April 7th, 2005 • Krispy Kreme Doughnuts Inc • Retail-food stores • New York
RECITALS:Director Indemnification Agreement • October 8th, 2004 • Krispy Kreme Doughnuts Inc • Retail-food stores • North Carolina
Exhibit 10.1 [Kroll Zolfo Cooper LLC Letterhead] March 10, 2005 Frank Murphy, Esq. General Counsel Krispy Kreme Doughnuts, Inc. 370 Knollwood Street, Suite 500 Winston-Salem, NC 27103 Dear Frank: Reference is made to that certain Services Agreement...Krispy Kreme Doughnuts Inc • March 18th, 2005 • Retail-food stores
Reference is made to that certain Services Agreement between and among Krispy Kreme Doughnuts, Inc., Kroll Zolfo Cooper LLC, Stephen F. Cooper and Steven G. Panagos dated January 18, 2005. This will confirm the parties' agreement to extend the deadline to negotiate a "Success Fee" (as that term is defined in the Services Agreement) through and including April 30, 2005.
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • November 13th, 2007 • Krispy Kreme Doughnuts Inc • Retail-food stores • North Carolina
AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) dated as of November 8, 2007 among Krispy Kreme Doughnut Corporation, a North Carolina corporation (“KKDC”), Krispy Kreme Doughnuts, Inc., a North Carolina corporation (the “Company” and, together with KKDC, the “Companies”), and Douglas R. Muir (the “Executive”).
ContractIncentive Stock Option Agreement • September 12th, 2014 • Krispy Kreme Doughnuts Inc • Retail-food stores • North Carolina
THIS INCENTIVE STOCK OPTION AGREEMENT (the “Agreement”) is made as of June 2, 2014 (the “Grant Date”), by and between Krispy Kreme Doughnuts, Inc., a North Carolina corporation (the “Company”), and Anthony N. Thompson (the “Participant”).
