THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 19th, 2016 • Lumber Liquidators Holdings, Inc. • Retail-lumber & other building materials dealers • New York
THIRD AMENDED AND RESTATED SECURITY AGREEMENT dated as of August 17, 2016 (as amended, restated, supplemented or otherwise modified from time to time in accordance with the provisions hereof, this “Security Agreement”) made by (i) LUMBER LIQUIDATORS, INC., a Delaware corporation, as lead borrower for itself and the other Borrowers (the “Lead Borrower”), (ii) THE OTHER BORROWERS LISTED ON THE SIGNATURE PAGES HERETO (together with the Lead Borrower, the “Original Borrowers”) OR FROM TIME TO TIME PARTY HERETO BY EXECUTION OF A JOINDER AGREEMENT (the “Additional Borrowers,” and together with the Original Borrowers, the “Borrowers”), and (iii) THE GUARANTORS LISTED ON THE SIGNATURE PAGES HERETO (the “Original Guarantors”) AND THE OTHER GUARANTORS FROM TIME TO TIME PARTY HERETO BY EXECUTION OF A JOINDER AGREEMENT (the “Additional Guarantors,” and together with the Original Guarantors, the “Guarantors”), as pledgors, assignors and debtors (the Borrowers, together with the Guarantors, in such
Lumber Liquidators, Inc. Common Stock Form of Underwriting AgreementLumber Liquidators, Inc. • November 5th, 2007 • Retail-lumber & other building materials dealers • New York
Lumber Liquidators, Inc. a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom Goldman, Sachs & Co. and Merrill Lynch, Pierce, Fenner & Smith Incorporated are acting as representatives (in such capacity, the “Representatives”), an aggregate of [ ] shares of Common Stock, par value $0.001 per share (“Stock”) of the Company, and Thomas D. Sullivan (the “Founder”) and certain investment funds associated with TA Associates, Inc. (“TA Associates” and, together with the Founder, the “Selling Stockholders”) propose, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of [ ] shares of Stock and, at the election of the Underwriters, up to [ ] additional shares of Stock. The
SEVERANCE AGREEMENTSeverance Agreement • December 10th, 2021 • Lumber Liquidators Holdings, Inc. • Retail-lumber & other building materials dealers • Virginia
THIS SEVERANCE AGREEMENT (the “Agreement”) is made and entered into as of the __ day of _________, 20__ by and between LL Flooring Holdings, Inc., a Delaware corporation (the “Company”), and ________________ (the “Employee”).
WAIVER AND THIRD AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • December 30th, 2022 • LL Flooring Holdings, Inc. • Retail-lumber & other building materials dealers • New York
This FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (as amended, amended and restated, restated, supplemented, modified and/or otherwise in effect from time to time, “Agreement”) is entered into as of March 29, 2019, as amended as of April 17, 2020 and as further , as amended as of April 30, 2021 and as further amended December 27, 2022, among
RE: Non-employee Director Restricted Stock Award AgreementLumber Liquidators Holdings, Inc. • February 21st, 2017 • Retail-lumber & other building materials dealers
Lumber Liquidators Holdings, Inc. (the “Company”) has designated you to be a recipient of restricted shares of the common stock of the Company, par value $.001 per share (“Stock”), subject to the service-based vesting restrictions and other terms set forth in this Award Agreement and in the Lumber Liquidators Holdings, Inc. 2011 Equity Compensation Plan, as amended (the “Plan”).
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement • July 12th, 2016 • Lumber Liquidators Holdings, Inc. • Retail-lumber & other building materials dealers
This Stipulation and Agreement of Settlement, dated as of June 15, 2016 (the “Stipulation”), is entered into between (a) Gregg Kiken, Keith Foster, David Lorenzo and Charles Hickman (collectively “Lead Plaintiffs”), on behalf of themselves and the Settlement Class (defined below); and (b) defendant Lumber Liquidators Holdings, Inc. (“Lumber Liquidators”), and defendants Thomas D. Sullivan, Robert M. Lynch, Daniel E. Terrell and William K. Schlegel (collectively, the “Individual Defendants,” and, together with Lumber Liquidators, the “Defendants”) by and through their respective undersigned counsel, and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”).1 Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally and forever compromise, settle, release, resolve, and dismiss with prejudice the Action and all claims asserted therein against Defendants.
SEPARATION AND RELEASE AGREEMENTSeparation and Release Agreement • July 5th, 2012 • Lumber Liquidators Holdings, Inc. • Retail-lumber & other building materials dealers • Virginia
This Separation and Release Agreement (“Agreement”), dated June 22, 2012, by and between Lumber Liquidators Services, LLC (“LLS”) and Seth P. Levy (“Employee”) states as follows:
RE: Employee Restricted Stock Award AgreementLumber Liquidators Holdings, Inc. • February 21st, 2017 • Retail-lumber & other building materials dealers
Lumber Liquidators Holdings, Inc. (the “Company”) has designated you to be a recipient of restricted shares of the common stock of the Company, par value $.001 per share (“Stock”), subject to the employment-based vesting restrictions and other terms set forth in this Award Agreement and in the Lumber Liquidators Holdings, Inc. 2011 Equity Compensation Plan, as amended (the “Plan”).
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • February 29th, 2016 • Lumber Liquidators Holdings, Inc. • Retail-lumber & other building materials dealers • Virginia
This Executive Employment Agreement (“Agreement”) is effective as of the 18th day of November, 2015, by and between Lumber Liquidators Holdings, Inc. and John M. Presley (“Employee”). Hereinafter, Lumber Liquidators Holdings, Inc. and its subsidiaries shall collectively be referred to as “Lumber Liquidators” or the “Company”, unless the context otherwise requires.
Stock Appreciation Right AgreementAppreciation Right Agreement • February 20th, 2013 • Lumber Liquidators Holdings, Inc. • Retail-lumber & other building materials dealers
Lumber Liquidators Holdings, Inc. (the “Company”) has designated you to be a recipient of a stock appreciation right (“SAR”) to be settled in cash, subject to the employment-based vesting restrictions and other terms set forth in this Agreement and in the Lumber Liquidators Holdings, Inc. 2011 Equity Compensation Plan (the “Plan”). Capitalized terms used but not defined in this Agreement have the meaning given to them in the Plan.
RE: Non-employee Director Restricted Stock Award AgreementLumber Liquidators Holdings, Inc. • August 1st, 2017 • Retail-lumber & other building materials dealers
Lumber Liquidators Holdings, Inc. (the “Company”) has designated you to be a recipient of restricted shares of the common stock of the Company, par value $.001 per share (“Stock”), subject to the service-based vesting restrictions and other terms set forth in this Award Agreement and in the Lumber Liquidators Holdings, Inc. 2011 Equity Compensation Plan, as amended (the “Plan”).
FORM OF RESTRICTED AWARD AGREEMENT - DIRECTOR] Phone: (757) 259-4280* Fax (757) 259-7293 [Date]Restricted Award Agreement • May 1st, 2018 • Lumber Liquidators Holdings, Inc. • Retail-lumber & other building materials dealers
Lumber Liquidators Holdings, Inc. (the “Company”) has designated you to be a recipient of restricted shares of the common stock of the Company, par value $.001 per share (“Stock”), subject to the service-based vesting restrictions and other terms set forth in this Award Agreement and in the Lumber Liquidators Holdings, Inc. 2011 Equity Compensation Plan, as amended (the “Plan”).
Phone: (757) 259-4280 Fax: (757) 259-7293Lumber Liquidators Holdings, Inc. • August 7th, 2019 • Retail-lumber & other building materials dealers
Lumber Liquidators Holdings, Inc. (the “Company”) has designated you to be a recipient of restricted shares of the common stock of the Company, par value $.001 per share (“Stock”), subject to the service-based vesting restrictions and other terms set forth in this Award Agreement and in the Lumber Liquidators Holdings, Inc. 2011 Equity Compensation Plan, as amended (the “Plan”).
RE:Non-Employee Director Restricted Stock Award (RSA) AgreementLL Flooring Holdings, Inc. • August 3rd, 2022 • Retail-lumber & other building materials dealers
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk DivisionGuaranty Agreement • October 7th, 2015 • Lumber Liquidators Holdings, Inc. • Retail-lumber & other building materials dealers • Virginia
CONSULTANCY, SEPARATION and RELEASE AGREEMENTConsultancy, Separation and Release Agreement • April 29th, 2015 • Lumber Liquidators Holdings, Inc. • Retail-lumber & other building materials dealers • Virginia
This Consultancy, Separation and Release Agreement (“Agreement”), dated April 28, 2015, by and between Lumber Liquidators Holdings, Inc. (“LL”) and Daniel E. Terrell (“Employee”), states as follows:
AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • May 6th, 2009 • Lumber Liquidators, Inc. • Retail-lumber & other building materials dealers
This Amendment to the Executive Employment Agreement (“Agreement”) dated the 18th day of September, 2006, by and between Jeffrey W. Griffiths (“Employee”) and Lumber Liquidations, Inc., a Delaware corporation (the “Company”), is effective December 31, 2008.
AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • December 21st, 2011 • Lumber Liquidators Holdings, Inc. • Retail-lumber & other building materials dealers
THIS AMENDMENT to the Executive Employment Agreement (the “Agreement”) by and between Lumber Liquidators Holdings, Inc. (the “Company”) and Robert Martin Lynch (“Employee”) is made and entered into this 21st day of December, 2011.
AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT DATED AS OF FEBRUARY 21, 2012 BY AND BETWEEN LUMBER LIQUIDATORS, INC. AND BANK OF AMERICA, N.A.Revolving Credit Agreement • February 22nd, 2012 • Lumber Liquidators Holdings, Inc. • Retail-lumber & other building materials dealers • Virginia
THIS AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this “Agreement”) is dated as of the 21st day of February, 2012, by and between LUMBER LIQUIDATORS, INC. (the “Company”), a Delaware corporation, with a principal office located at 3000 John Deere Road, Toano, Virginia 23168, and BANK OF AMERICA, N.A. (the “Bank”), a national banking association, with an office located at 1 Commercial Place, Norfolk, VA 23510-2101.
AMENDED AND RESTATED LEASELease • May 30th, 2007 • Lumber Liquidators, Inc. • Retail-lumber & other building materials dealers
THIS AMENDED AND RESTATED LEASE (“Lease”) is made and entered into as of December 1, 2004 (the “Effective Date”) by and between ANO, LLC, a New Hampshire limited liability company (hereinafter called the “Landlord”), and Lumber Liquidators, Inc., a Massachusetts corporation (hereinafter called “Tenant”) and supercedes, replaces and amends and restates that certain Commercial Lease Agreement between Landlord and Tenant dated as of June 15, 2004 (the “Original Lease”).
RE: Employee Performance-Based Stock Unit (PSU) Inducement Award AgreementStock Unit Inducement Award Agreement • August 9th, 2023 • LL Flooring Holdings, Inc. • Retail-lumber & other building materials dealers • Virginia
This Award and the Plan are administered by the Compensation Committee (the “Committee”) of the Company’s Board of Directors (the “Board”) and the Committee shall have all the rights and discretion with respect to the administration of this Award and Award Agreement as it has under the terms and conditions of the Plan. You and the Company agree that this Award is granted under and governed by the terms and conditions of this Award Agreement, and will otherwise be subject to the Plan and will be governed as if it had been granted under the Plan, other than with respect to the share reserve under the Plan, which will not be affected by this Award. You have reviewed the Plan and this Award Agreement and fully understand all provisions of the Award Agreement, including the Plan. A copy of the Plan will be provided to you upon request.
RE: Employee Restricted Stock Award (RSA) AgreementLL Flooring Holdings, Inc. • May 11th, 2023 • Retail-lumber & other building materials dealers
ContractAward Agreement • May 8th, 2023 • LL Flooring Holdings, Inc. • Retail-lumber & other building materials dealers
This Award of Stock Units is made pursuant to the Plan. The Plan is administered by the Compensation Committee (the “Committee”) of the Company’s Board of Directors (the “Board”). The terms of the Plan are incorporated into this Award Agreement, and, in the case of any conflict between the Plan and this Award Agreement, the terms of the Plan shall control. A copy of the Plan will be provided to you upon request.
LUMBER LIQUIDATORS HOLDINGS, INC. FORM OF PERFORMANCE-BASED STOCK UNIT AWARD AGREEMENTAward Agreement • May 5th, 2021 • Lumber Liquidators Holdings, Inc. • Retail-lumber & other building materials dealers
This Award of Stock Units is made pursuant to the Plan. The Plan is administered by the Compensation Committee (the “Committee”) of the Company’s Board of Directors (the “Board”). The terms of the Plan are incorporated into this Award Agreement, and, in the case of any conflict between the Plan and this Award Agreement, the terms of the Plan shall control. A copy of the Plan will be provided to you upon request.
AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 2nd, 2015 • Lumber Liquidators Holdings, Inc. • Retail-lumber & other building materials dealers • Virginia
This AMENDMENT TO CREDIT AGREEMENT, dated as of March 27, 2015 (this “Agreement”), is entered into by and between LUMBER LIQUIDATORS, INC., a Delaware corporation (the “Company”) and BANK OF AMERICA, N.A., a national banking association (the “Bank”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the Credit Agreement (defined below).
SECOND AMENDED AND RESTATED LOAN AGREEMENT DATED AS OF MARCH 23, 2006 BY AND BETWEEN LUMBER LIQUIDATORS, INC., AND BANK OF AMERICA, N.A.Loan Agreement • October 24th, 2007 • Lumber Liquidators, Inc. • Retail-lumber & other building materials dealers • Virginia
THIS SECOND AMENDED AND RESTATED LOAN AGREEMENT (this “Agreement”) is dated as of the 23rd day of March, 2006, by and between LUMBER LIQUIDATORS, INC. (the “Company”), a Massachusetts corporation, with a principal office located at 3000 John Deere Run, Toano, Virginia 23169, and BANK OF AMERICA, N.A. (the “Bank”), a national banking association, with an office located at 1111 East Main Street, Richmond, Virginia 23219.
RE: Non-Employee Director Restricted Stock Unit (RSU) Award AgreementAward Agreement • May 11th, 2023 • LL Flooring Holdings, Inc. • Retail-lumber & other building materials dealers
THOMAS D. SULLIVAN STOCK OPTION AGREEMENT and LUMBER LIQUIDATORS, INC. GUARANTY AGREEMENTGuaranty Agreement • May 30th, 2007 • Lumber Liquidators, Inc. • Retail-lumber & other building materials dealers
This Stock Option Agreement (the “Agreement”) is entered into as of the 1st day of August 2005 by and between Lumber Liquidators, Inc., a Massachusetts corporation (the “Company”), Thomas D. Sullivan (“TDS”) and Kevin H. Sullivan (“KHS”). The Company and TDS hereby enter into this Agreement to provide a long-term incentive to KHS that rewards KHS for his contributions to the growth and success of the Company. References herein to the “Company” shall mean Lumber Liquidators, Inc. and all of its subsidiaries, on a consolidated basis and taken as a whole, and shall also include any and all successors thereto.
Name] [Street] [City, State] Dear [Name]:Lumber Liquidators, Inc. • March 12th, 2008 • Retail-lumber & other building materials dealers
Lumber Liquidators, Inc. (the “Company”) has designated you to be a recipient of a non-statutory stock option to purchase shares of the common stock of the Company on the terms set forth in this Award Agreement and in the Lumber Liquidators, Inc. 2007 Equity Compensation Plan (the “Plan”).
SETTLEMENT AGREEMENT AND RELEASESettlement Agreement and Release • March 22nd, 2016 • Lumber Liquidators Holdings, Inc. • Retail-lumber & other building materials dealers • California
This Settlement Agreement and Release (Agreement) is entered into between the STATE OF CALIFORNIA AIR RESOURCES BOARD (ARB), 1001 I Street, Sacramento, California 95814, and LUMBER LIQUIDATORS SERVICES LLC, (LL), 3000 John Deere Road, Toano, Virginia 23168.
TATUM SERVICES AGREEMENTTatum Services Agreement • May 8th, 2023 • LL Flooring Holdings, Inc. • Retail-lumber & other building materials dealers • Delaware
This TATUM SERVICES AGREEMENT (this "Agreement"), entered into as of March 6, 2023 is by and between RANDSTAD PROFESSIONALS US, LLC d/b/a Tatum, a Delaware limited liability company, with offices at 3625 Cumberland Boulevard, Suite 600, Atlanta, GA 30339 ("Tatum"), and LL FLOORING HOLDINGS, INC. with offices at 4901 Bakers Mill Lane, Richmond, VA 23230 (the "Company"). A "Party" shall mean either Tatum or the Company, as the case may be; the "Parties" shall mean Tatum and the Company, collectively.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 24th, 2007 • Lumber Liquidators, Inc. • Retail-lumber & other building materials dealers • Massachusetts
THIS REGISTRATION RIGHTS AGREEMENT (the “Agreement”) is dated as of December 6, 2004, by and among Lumber Liquidators, Inc., a Massachusetts corporation (the “Company”), and the persons identified on the signature pages hereto (collectively, the “Investors,” and each individually, the “Investor”).
SEPARATION AND RELEASE AGREEMENTSeparation and Release Agreement • August 5th, 2015 • Lumber Liquidators Holdings, Inc. • Retail-lumber & other building materials dealers • Virginia
This Separation and Release Agreement (“Agreement”), dated July 21, 2015, by and between Lumber Liquidators Services, LLC (“LL”) and William K. Schlegel (“Employee”), states as follows:
SECOND AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • December 30th, 2009 • Lumber Liquidators, Inc. • Retail-lumber & other building materials dealers
This Second Amendment to the Executive Employment Agreement (“Agreement”) dated the 18th day of September, 2006, by and between Jeffrey W. Griffiths (“Employee”), and Lumber Liquidators, Inc., a Delaware corporation (the “Company”), is effective December 23, 2009.
OFFICE DEED OF LEASE AGREEMENTOffice Deed of Lease Agreement • March 18th, 2019 • Lumber Liquidators Holdings, Inc. • Retail-lumber & other building materials dealers • Virginia
non-compliance with the requirements and rules Landlord shall have the right to immediately cut and prevent the use of such wires.
