Cosi Inc Sample Contracts

COSI, INC. and
Rights Agreement • April 17th, 2002 • Cosi Inc • Delaware
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AMENDMENT NO. 1 TO RIGHTS AGREEMENT
Rights Agreement • May 9th, 2003 • Cosi Inc • Retail-eating places • Delaware
RECITALS:
Indemnification Agreement • December 19th, 2008 • Cosi Inc • Retail-eating places • Delaware
COSI, INC.
Cosi Inc • October 25th, 2002 • Retail-eating places • Illinois
COSI, INC. 2005 OMNIBUS LONG-TERM INCENTIVE PROGRAM
Restricted Stock Award Agreement • June 6th, 2005 • Cosi Inc • Retail-eating places • Illinois
COSI, INC.
Cosi Inc • August 6th, 2003 • Retail-eating places
RECITAL
Employment Agreement • April 17th, 2002 • Cosi Inc • New York
ARTICLE I DEFINITIONS
Securities Purchase Agreement • April 28th, 2004 • Cosi Inc • Retail-eating places • New York
COSI, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC RIGHTS AGREEMENT Dated as of November 12, 2013
Rights Agreement • November 13th, 2013 • Cosi Inc • Retail-eating places • Delaware

RIGHTS AGREEMENT (the “Agreement”), dated as of November 12, 2013, between COSI, INC., a Delaware corporation (the “Company”), and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, a New York limited liability trust company, as rights agent (the “Rights Agent”).

COSI, INC. and
Rights Agreement • March 31st, 2003 • Cosi Inc • Retail-eating places • Delaware
Cosi, Inc. Addendum to Employment Agreement
Employment Agreement • May 12th, 2004 • Cosi Inc • Retail-eating places • New York
FORM OF COSI, INC. SENIOR SECURED NOTE AND WARRANT PURCHASE AGREEMENT
Note and Warrant Purchase Agreement • October 25th, 2002 • Cosi Inc • Retail-eating places • New York
RECITALS:
Control Severance Agreement • December 19th, 2008 • Cosi Inc • Retail-eating places • Illinois
COSI, INC.
Cosi Inc • August 6th, 2003 • Retail-eating places
COSI, INC.
Cosi Inc • August 15th, 2003 • Retail-eating places
FORM OF SUBSCRIPTION AGENT AGREEMENT November , 2003
Subscription Agent Agreement • November 19th, 2003 • Cosi Inc • Retail-eating places
Cosi, Inc.
Employment Agreement • September 18th, 2007 • Cosi Inc • Retail-eating places • Illinois
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Merger Agreement • April 17th, 2002 • Cosi Inc • Delaware
Cosi, Inc.
Employment Agreement • August 6th, 2003 • Cosi Inc • Retail-eating places • New York
ARTICLE 1 DEFINITIONS
Loan Agreement • May 9th, 2003 • Cosi Inc • Retail-eating places • California
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SUBSCRIPTION AGENT AGREEMENT
Subscription Agent Agreement • November 5th, 2014 • Cosi Inc • Retail-eating places • New York

This SUBSCRIPTION AGENT AGREEMENT (this “Agreement”) is entered into as of September 16, 2014, by and between American Stock Transfer & Trust Company, LLC (the “Subscription Agent”) and Cosi, Inc. (the “Company”).

RECITALS:
Change in Control • December 19th, 2008 • Cosi Inc • Retail-eating places • Illinois
MASTER SECURITY AGREEMENT #24675
Master Security Agreement • April 7th, 2015 • Cosi Inc • Retail-eating places • New York

MASTER SECURITY AGREEMENT, made this 9th day of May, 2013 by and between HEARTHSTONE PARTNERS, LLC, a Massachusetts limited liability company having an office at 85 Main Street, Hopkinton, MA 01748 (the "Borrower"), and First Franchise Capital Corporation, an Indiana corporation, having an office at One Maynard Drive, Suite 2104, Park Ridge, NJ 07656 (the "Lender").

COSI, INC. SUBSCRIPTION RIGHTS FOR
Cosi Inc • November 25th, 2003 • Retail-eating places
WITNESSETH
Investment Agreement • August 6th, 2003 • Cosi Inc • Retail-eating places • New York
SECOND AMENDMENT TO DISTRIBUTOR SERVICE AGREEMENT BETWEEN MAINES PAPER AND FOOD SERVICE, INC. AND COSI, INC. Agreement made this 7th day of April, 2003, by and between Maines Paper and Food Service, Inc. ("DISTRIBUTOR") AND Cosi, Inc. ("COMPANY").
Distributor Service Agreement • August 15th, 2003 • Cosi Inc • Retail-eating places

This Agreement shall become effective as of the Effective Date (January 7, 2002) and shall expire four (4) years from the effective date (January 7, 2006), unless otherwise terminated or extended pursuant to the terms of this Agreement.

EXHIBIT 4.4.2 SUPPLEMENTAL REGISTRATION RIGHTS AGREEMENT
Supplemental Registration Rights Agreement • August 6th, 2003 • Cosi Inc • Retail-eating places • New York
SENIOR SECURED NOTE PURCHASE AGREEMENT
Senior Secured Note Purchase Agreement • May 23rd, 2014 • Cosi Inc • Retail-eating places • New York

This Senior Secured Note Purchase Agreement (the “Agreement”) is made as of May ___, 2014 by and among Cosi, Inc., a Delaware corporation (the “Company”), and AB VALUE PARTNERS, L.P., a Delaware limited partnership (“AB Value Partners”), and AB OPPORTUNITY FUND LLC, a Delaware limited liability company (“AB Opportunity Fund”, and together with AB Value Partners, each a “Purchaser” and collectively the “Purchasers”).

NOT EXERCISABLE AFTER 5:00 P.M. CENTRAL ON MAY 20, 2017 COSI, INC. WARRANT TO PURCHASE COMMON STOCK
Cosi Inc • May 23rd, 2014 • Retail-eating places • Delaware

This Warrant is issued in accordance with the terms and conditions of the Senior Secured Note Purchase Agreement by and among the Company and the original holder of this Warrant and AB Value Partners, L.P. as of the date hereof and the Senior Secured Promissory Note issued by the Company to the original holder of this Warrant as of the date hereof (the “Note”). Capitalized terms used but not defined herein shall have the meanings given such terms in the Note.

FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
Employment Agreement • March 24th, 2016 • Cosi Inc • Retail-eating places

THIS FIRST AMENDMENT TO EMPLOYMENT AGEEMENT (“Amendment”) is entered into as of January 7, 2016, by and between Così, Inc., a Delaware corporation (“Così”), and Robert J. Dourney, an individual (“Executive”).

SEPARATION AGREEMENT AND GENERAL RELEASE
Separation Agreement and General Release • November 8th, 2007 • Cosi Inc • Retail-eating places • Illinois

THIS SEPARATION AGREEMENT AND GENERAL RELEASE (“Agreement”) is entered into as of October 17, 2007, by and between COSÌ, INC., a Delaware corporation, its subsidiaries, and successors and assigns (collectively, the “Company”), and GILBERT MELOTT, a resident of the State of Illinois (“Employee”).

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