Fox Factory Holding Corp Sample Contracts

Fox Factory Holding Corp – Fox Factory Holding Corp. Announces Second Quarter 2019 Financial Results (July 31st, 2019)

BRASELTON, Georgia, July 31, 2019 - Fox Factory Holding Corp. (NASDAQ: FOXF) (“FOX” or the “Company”) today reported financial results for the second quarter ended June 28, 2019.

Fox Factory Holding Corp – FOX FACTORY HOLDING CORP. AMENDED AND RESTATED EMPLOYMENT AGREEMENT (Michael C. Dennison) (July 1st, 2019)

THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is executed on June 26, 2019 and effective on June 29, 2019 (the “Effective Date”), between Fox Factory Holding Corp., a Delaware corporation having offices and the Executive’s principle office, at 6634 Hwy. 53, Braselton, GA 30517 (the “Company”), and Michael C. Dennison (“Executive”), and amends and restates that certain Employment Agreement, by and between the Company and the Executive, dated August 29, 2018 (as previously amended, modified or agreed to, the “Original Agreement”).

Fox Factory Holding Corp – FOX FACTORY HOLDING CORP. AMENDED AND RESTATED EMPLOYMENT AGREEMENT (Larry L. Enterline) (July 1st, 2019)

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is executed on June 26, 2019 and effective on June 29, 2019 (the “Effective Date”), between Fox Factory Holding Corp., a Delaware corporation having offices at 6634 Hwy. 53, Braselton, GA 30517 (the “Company”), and Larry L. Enterline (“Executive”) and amends and restates that certain Employment Agreement, by and between the Company and the Executive, dated July 22, 2013 (as previously amended, modified or agreed to, the “Original Agreement”).

Fox Factory Holding Corp – CREDIT AGREEMENT Dated as of June 3, 2019 among FOX FACTORY HOLDING CORP., as the Borrower, BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender and L/C Issuer, and THE OTHER LENDERS PARTY HERETO Arranged By: BANK OF AMERICA MERRILL LYNCH, as Sole Lead Arranger and Sole Bookrunner (June 4th, 2019)
Fox Factory Holding Corp – Fox Factory Holding Corp. Announces First Quarter 2019 Financial Results (May 1st, 2019)

BRASELTON, Georgia, May 1, 2019 - Fox Factory Holding Corp. (NASDAQ: FOXF) (“FOX” or the “Company”) today reported financial results for the first quarter ended March 29, 2019.

Fox Factory Holding Corp – Amendment to Employment Agreement (Bill Katherman) (February 28th, 2019)

This AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is entered into as of February 25, 2019, by and between Fox Factory, Inc., a California corporation (the “Company”), and Bill Katherman, an individual (“Executive”), amends that certain Employment Agreement dated as of February 20, 2014 by and between the Company and Executive (as previously amended from time to time, the “Original Agreement”) and shall be effective March 30, 2019 (the “Effective Date”). All terms not otherwise defined herein shall have the meanings ascribed thereto in the Original Agreement.

Fox Factory Holding Corp – FOX FACTORY, Inc. EMPLOYMENT AGREEMENT (Chris Tutton) (February 26th, 2019)

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is executed on May 1, 2018 (the “Effective Date”), between Fox Factory, Inc., a California corporation (the “Company”), and Chris Tutton (“Executive”).

Fox Factory Holding Corp – FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (February 26th, 2019)

THIS FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Amendment”), is made and entered into as of November 14, 2018, by and among Fox Factory Holding Corp., a Delaware corporation (“FFH”), Fox Factory, Inc., a California Corporation (“FF”), and ST USA Holding Corp., a Delaware corporation (“ST USA” and together with FFH and FF, each a “Borrower” and, collectively, the “Borrowers”), the other Loan Parties party hereto, the several banks and other financial institutions party hereto (collectively, the “Lenders”) constituting the “Required Lenders” under the Credit Agreement (as defined below) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).

Fox Factory Holding Corp – FOX FACTORY, Inc. EMPLOYMENT AGREEMENT (Michael C. Dennison) (February 26th, 2019)

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is executed on August 29, 2018 (the “Effective Date”), between Fox Factory, Inc., a California corporation having offices and the Executive’s principle office, at 6634 Hwy. 53, Braselton, GA 30517 (the “Company”), and Michael C. Dennison (“Executive”).

Fox Factory Holding Corp – Fox Factory Holding Corp. Announces Fourth Quarter and Record Fiscal 2018 Financial Results (February 26th, 2019)

BRASELTON, Georgia, February 26, 2019 - Fox Factory Holding Corp. (NASDAQ: FOXF) (“FOX” or the “Company”) today reported financial results for the fourth quarter and fiscal year ended December 28, 2018.

Fox Factory Holding Corp – Amendment to Employment Agreement (Tom Wittenschlaeger) (January 3rd, 2019)

This AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is entered into as of January 1, 2019, by and between Fox Factory, Inc., a California corporation (the “Company”), and Tom Wittenschlaeger, an individual (“Executive”), amends that certain Employment Agreement dated as of January 26, 2015 by and between the Company and Executive (as previously amended from time to time, the “Original Agreement”) and shall be effective January 1, 2019 (the “Effective Date”). All terms not otherwise defined herein shall have the meanings ascribed thereto in the Original Agreement.

Fox Factory Holding Corp – Fox Factory Holding Corp. Announces Third Quarter 2018 Financial Results (October 31st, 2018)

SCOTTS VALLEY, California - October 31, 2018 - Fox Factory Holding Corp. (NASDAQ: FOXF) (“FOX” or the “Company”) today reported financial results for the third quarter ended September 28, 2018.

Fox Factory Holding Corp – INDEMNIFICATION AGREEMENT (October 31st, 2018)

This Indemnification Agreement (“Agreement”) is made as of            ,            by and between Fox Factory Holding Corp., a Delaware corporation (the “Company”), and            (“Indemnitee”). This Agreement supersedes and replaces any and all previous Agreements between the Company and Indemnitee covering the subject matter of this Agreement.

Fox Factory Holding Corp – Fox Factory Holding Corp. Announces Second Quarter 2018 Financial Results (August 1st, 2018)

SCOTTS VALLEY, California - August 1, 2018 - Fox Factory Holding Corp. (NASDAQ: FOXF) (“FOX” or the “Company”) today reported financial results for the second quarter ended June 29, 2018.

Fox Factory Holding Corp – Amendment to Employment Agreement (Tom Wittenschlaeger) (June 26th, 2018)

This AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is entered into as of June 26, 2018, by and between Fox Factory, Inc., a California corporation (the “Company”), and Tom Wittenschlaeger, an individual (“Executive”), amends that certain Employment Agreement dated as of January 26, 2015 by and between the Company and Executive (the “Original Agreement”) and shall be effective immediately (the “Effective Date”). All terms not otherwise defined herein shall have the meanings ascribed thereto in the Original Agreement.

Fox Factory Holding Corp – Fox Factory Holding Corp. Announces First Quarter 2018 Financial Results (May 2nd, 2018)

SCOTTS VALLEY, California - May 2, 2018 - Fox Factory Holding Corp. (NASDAQ: FOXF) (“FOX” or the “Company”) today reported financial results for the first quarter ended March 30, 2018.

Fox Factory Holding Corp – FOX FACTORY, Inc. EMPLOYMENT AGREEMENT (Wes Allinger) (May 2nd, 2018)

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is executed on May 1, 2018 (the “Effective Date”), between Fox Factory, Inc., a California corporation (the “Company”), and Wes Allinger (“Executive”).

Fox Factory Holding Corp – Fox Factory Holding Corp. Announces Fourth Quarter and Fiscal Year 2017 Financial Results (February 27th, 2018)

SCOTTS VALLEY, California - February 27, 2018 - Fox Factory Holding Corp. (NASDAQ: FOXF) (“FOX” or the “Company”) today reported financial results for the fourth quarter and fiscal year ended December 29, 2017.

Fox Factory Holding Corp – FOX FACTORY HOLDING CORP. 2013 OMNIBUS PLAN Amendment to Restricted Stock Unit Award Agreement (February 27th, 2018)

WHEREAS, by a Restricted Stock Unit Award Agreement effective as of May 4, 2017 (the “Agreement”), Fox Factory Holding Corp., a Delaware corporation (“Fox Factory” or “Company”) granted to Carl Nichols (the “Participant”) a Restricted Stock Unit Award consisting of the right to earn an aggregate of 1,555 shares of common stock, par value $0.001 per share, of the Company subject to the terms and conditions set forth in the Agreement.

Fox Factory Holding Corp – THIRD AMENDMENT TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (December 4th, 2017)

THIS THIRD AMENDMENT TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Amendment”), is made and entered into as of November 30, 2017, by and among Fox Factory Holding Corp., a Delaware corporation (“FFH”), Fox Factory, Inc., a California Corporation (“FF”), and ST USA Holding Corp., a Delaware corporation (“ST USA” and together with FFH and FF, each a “Borrower” and, collectively, the “Borrowers”), the other Loan Parties party hereto, the several banks and other financial institutions party hereto (collectively, the “Lenders”) constituting the “Required Lenders” under the Credit Agreement (as defined below) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).

Fox Factory Holding Corp – ASSET PURCHASE AND CONTRIBUTION AGREEMENT by and among FF US Acquisition Corp., as Buyer FF US Holding Corp., as Buyer Parent Flagship, Inc. d/b/a Tuscany, as Seller and Michael Graber and Jeff Burttschell, as the Owners Dated as of November 30, 2017 (December 4th, 2017)

This Asset Purchase and Contribution Agreement (“Agreement”), dated as of November 30, 2017, is made by and among FF US Acquisition Corp., a Delaware corporation (“Buyer”), FF US Holding Corp., a Delaware corporation (“Buyer Parent”), Flagship, Inc., d/b/a Tuscany, an Indiana corporation (“Seller”), Michael Graber (“Mr. Graber”), and Jeff Burttschell (“Mr. Burttschell” and together with Mr. Graber, the “Owners”). Each of the Owners, Buyer and Seller are sometimes individually referred to herein as a “Party” and collectively as the “Parties”.

Fox Factory Holding Corp – Fox Factory Holding Corp. Announces Third Quarter 2017 Financial Results (November 1st, 2017)

SCOTTS VALLEY, California - November 1, 2017 - Fox Factory Holding Corp. (NASDAQ: FOXF) (“FOX” or the “Company”) today reported financial results for the third quarter and nine months ended September 29, 2017.

Fox Factory Holding Corp – SECOND AMENDMENT TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (August 3rd, 2017)

THIS SECOND AMENDMENT TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Amendment”), is made and entered into as of June 12, 2017, by and among Fox Factory Holding Corp., a Delaware corporation (“FFH”), Fox Factory, Inc., a California Corporation (“FF”), and ST USA Holding Corp., a Delaware corporation (“ST USA” and together with FFH and FF, each a “Borrower” and, collectively, the “Borrowers”), the other Loan Parties party hereto, the several banks and other financial institutions party hereto (collectively, the “Lenders”) constituting the “Required Lenders” under the Credit Agreement (as defined below) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).

Fox Factory Holding Corp – Fox Factory Holding Corp. Announces Second Quarter 2017 Financial Results (August 3rd, 2017)

SCOTTS VALLEY, California - August 3, 2017 - Fox Factory Holding Corp. (NASDAQ: FOXF) (“FOX” or the “Company”) today reported financial results for the second quarter and six months ended June 30, 2017.

Fox Factory Holding Corp – FOX FACTORY HOLDING CORP. 2013 Omnibus Plan (as amended by the First Amendment, approved by stockholders on May 4, 2017) (May 8th, 2017)
Fox Factory Holding Corp – Fox Factory Holding Corp. Announces First Quarter 2017 Financial Results (May 3rd, 2017)

SCOTTS VALLEY, California - May 3, 2017 - Fox Factory Holding Corp. (NASDAQ: FOXF) (“FOX” or the “Company”) today reported financial results for the first quarter ended March 31, 2017.

Fox Factory Holding Corp – FOX FACTORY HOLDING CORP. 2013 OMNIBUS PLAN Amendment to Restricted Stock Unit Award Agreement (May 3rd, 2017)

WHEREAS, by a Restricted Stock Unit Award Agreement effective as of May 5, 2016 (the “Agreement”), Fox Factory Holding Corp., a Delaware corporation (“Fox Factory” or “Company”) granted to Joseph Hagin (the “Participant”) a Restricted Stock Unit Award consisting of the right to earn an aggregate of 2,303 shares of common stock, par value $0.001 per share, of the Company subject to the terms and conditions set forth in the Agreement.

Fox Factory Holding Corp – FOX FACTORY HOLDING CORP. 5,108,718 Shares of Common Stock Underwriting Agreement (March 13th, 2017)

The stockholder of Fox Factory Holding Corp., a Delaware corporation (the “Company”) listed on Schedule 2-A hereto proposes, subject to the terms and conditions stated herein, to sell to the Underwriter listed in Schedule 1 hereto (the “Underwriter”), an aggregate of 5,108,718 shares of Common Stock, par value $0.001 per share, of the Company (the “Underwritten Shares”), and the stockholder of the Company listed on Schedule 2-B hereto (the selling stockholders of the Company listed on Schedule 2-A and 2-B hereto, collectively, the “Selling Stockholders”) has granted the Underwriter the option to purchase up to an additional 465,657 shares of Common Stock of the Company (the “Option Shares”). The Underwriting Agreement is herein referred to as the “Agreement”. The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of Common Stock of the Company after the sale of the Shares are referred to herein as the “Stock”.

Fox Factory Holding Corp – Fox Factory Holding Corp. Announces Fourth Quarter and Full Year 2016 Financial Results (March 1st, 2017)

SCOTTS VALLEY, California - March 1, 2017 - Fox Factory Holding Corp. (NASDAQ: FOXF) (“FOX” or the “Company”) today reported financial results for the fourth quarter and fiscal year ended December 30, 2016.

Fox Factory Holding Corp – 3,500,000 Shares of Common Stock Underwriting Agreement (November 22nd, 2016)
Fox Factory Holding Corp – FIRST AMENDMENT TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (November 2nd, 2016)

THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Amendment”), is made and entered into as of August 11, 2016, by and among Fox Factory Holding Corp., a Delaware corporation (“FFH”), Fox Factory, Inc., a California Corporation (“FF”), and ST USA Holding Corp., a Delaware corporation (“ST USA” and together with FFH and FF, each a “Borrower” and, collectively, the “Borrowers”), the other Loan Parties party hereto, the several banks and other financial institutions party hereto (collectively, the “Lenders”) constituting the “Required Lenders” under the Credit Agreement (as defined below) and SUNTRUST BANK, in its capacity as Administrative Agent for the Lenders (the “Administrative Agent”).

Fox Factory Holding Corp – Fox Factory Holding Corp. Announces Third Quarter 2016 Financial Results (November 2nd, 2016)

SCOTTS VALLEY, California - November 2, 2016 - Fox Factory Holding Corp. (NASDAQ: FOXF) (“FOX” or the “Company”) today reported financial results for the third quarter and nine months ended September 30, 2016.

Fox Factory Holding Corp – Amendment to Employment Agreement (Katherman) (October 25th, 2016)

This AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is entered into as of October 19, 2016, by and between Fox Factory Holding Corp., a Delaware corporation (the “Company”), and Bill Katherman, an individual (“Executive”), amends that certain Employment Agreement dated as of February 20, 2014 by and between the Company and Executive (the “Original Agreement”) and shall be effective immediately (the “Effective Date”). All terms not otherwise defined herein shall have the meanings ascribed thereto in the Original Agreement.

Fox Factory Holding Corp – FOX FACTORY HOLDING CORP. 3,500,000 Shares of Common Stock Underwriting Agreement (August 12th, 2016)

The stockholder of Fox Factory Holding Corp., a Delaware corporation (the “Company”) listed on Schedule 2-A hereto proposes, subject to the terms and conditions stated herein, to sell to the Underwriter listed in Schedule 1 hereto (the “Underwriter”), an aggregate of 3,500,000 shares of Common Stock, par value $0.001 per share, of the Company (the “Underwritten Shares”), and the stockholder of the Company listed on Schedule 2-B hereto (the selling stockholders of the Company listed on Schedule 2-A and 2-B hereto, collectively, the “Selling Stockholders”) has granted the Underwriter the option to purchase up to an additional 525,000 shares of Common Stock of the Company (the “Option Shares”). The Underwriting Agreement is herein referred to as the “Agreement”. The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of Common Stock of the Company after the sale of the Shares are referred to herein as the “Stock”.

Fox Factory Holding Corp – Fox Factory Holding Corp. Announces Second Quarter 2016 Financial Results (August 3rd, 2016)

SCOTTS VALLEY, California - August 3, 2016 - Fox Factory Holding Corp. (NASDAQ: FOXF) (“FOX” or the “Company”) today reported financial results for the second quarter ended July 1, 2016.