Ollie's Bargain Outlet Holdings, Inc. Sample Contracts

Ollie's Bargain Outlet Holdings, Inc. – Ollie’s Bargain Outlet Holdings, Inc. Reports Record Fourth Quarter and Fiscal 2017 Financial Results (April 4th, 2018)

HARRISBURG, PA – April 4, 2018 – Ollie’s Bargain Outlet Holdings, Inc. (NASDAQ: OLLI) today reported financial results for the fourth quarter and full year of fiscal 2017 ended February 3, 2018 (“fiscal 2017”), both of which contained one additional week (“53rd week”) as compared to the fourth quarter and full year ended January 28, 2017 (“fiscal 2016”).

Ollie's Bargain Outlet Holdings, Inc. – AMENDMENT TO EMPLOYMENT AGREEMENT (January 5th, 2018)

This Amendment to Employment Agreement (“Amendment”) is entered into as of January 5, 2018, by and between Jay Stasz, an individual (“Employee”), and Ollie’s Bargain Outlet, Inc. (the “Company”), an indirect, wholly-owned subsidiary of Ollie’s Bargain Outlet Holdings, Inc. (“OBO Holdings”).

Ollie's Bargain Outlet Holdings, Inc. – AMENDMENT TO EMPLOYMENT AGREEMENT (January 5th, 2018)

This Amendment to Employment Agreement (“Amendment”) is entered into as of January 5, 2018, by and between John W. Swygert, Jr., an individual (“Employee”), and Ollie’s Bargain Outlet, Inc. (the “Company”), an indirect, wholly-owned subsidiary of Ollie’s Bargain Outlet Holdings, Inc. (“OBO Holdings”).

Ollie's Bargain Outlet Holdings, Inc. – OLLIE’S BARGAIN OUTLET HOLDINGS, INC. 13,725,798 Shares of Common Stock Underwriting Agreement (September 12th, 2016)
Ollie's Bargain Outlet Holdings, Inc. – OLLIE’S BARGAIN OUTLET HOLDINGS, INC. 10,000,000 Shares of Common Stock Underwriting Agreement (May 27th, 2016)
Ollie's Bargain Outlet Holdings, Inc. – OLLIE’S BARGAIN OUTLET HOLDINGS, INC. [6,500,000] Shares of Common Stock Underwriting Agreement (February 16th, 2016)
Ollie's Bargain Outlet Holdings, Inc. – AMENDMENT TO EMPLOYMENT AGREEMENT (February 8th, 2016)

This Amendment to Employment Agreement (“Amendment”) is entered into as of July 15, 2015, by and between Kevin McLain, an individual (“Employee”), and Ollie’s Bargain Outlet, Inc. (the “Company”).

Ollie's Bargain Outlet Holdings, Inc. – AMENDMENT TO EMPLOYMENT AGREEMENT (February 8th, 2016)

This Amendment to Employment Agreement (“Amendment”) is entered into as of July 15, 2015, by and between Howard Freedman, an individual (“Employee”), and Ollie’s Bargain Outlet, Inc. (the “Company”).

Ollie's Bargain Outlet Holdings, Inc. – AMENDMENT TO EMPLOYMENT AGREEMENT (February 8th, 2016)

This Amendment to Employment Agreement (“Amendment”) is entered into as of July 15, 2015, by and between Omar Segura, an individual (“Employee”), and Ollie’s Bargain Outlet, Inc. (the “Company”).

Ollie's Bargain Outlet Holdings, Inc. – AMENDMENT TO EMPLOYMENT AGREEMENT (February 8th, 2016)

This Amendment to Employment Agreement (“Amendment”) is entered into as of July 15, 2015, by and between Kenneth Robert Bertram, an individual (“Employee”), and Ollie’s Bargain Outlet, Inc. (the “Company”).

Ollie's Bargain Outlet Holdings, Inc. – AMENDMENT TO EMPLOYMENT AGREEMENT (February 8th, 2016)

This Amendment to Employment Agreement (“Amendment”) is entered into as of July 15, 2015, by and between John W. Swygert, Jr., an individual (“Employee”), and Ollie’s Bargain Outlet, Inc. (the “Company”).

Ollie's Bargain Outlet Holdings, Inc. – AMENDMENT TO EMPLOYMENT AGREEMENT (February 8th, 2016)

This Amendment to Employment Agreement (“Amendment”) is entered into as of July 15, 2015, by and between Mark Butler, an individual (“Employee”), and Ollie’s Bargain Outlet, Inc. (the “Company”).

Ollie's Bargain Outlet Holdings, Inc. – CREDIT AGREEMENT Dated as of January 29, 2016, among BARGAIN PARENT, INC., as Parent, OLLIE’S HOLDINGS, INC., OLLIE’S BARGAIN OUTLET, INC. and any Subsidiary Loan Party that becomes a Borrower pursuant to the terms of this Agreement, as Borrowers, THE LENDERS PARTY HERETO, MANUFACTURERS AND TRADERS TRUST COMPANY, as Administrative Agent, CITIZENS BANK OF PENNSYLVANIA, as Documentation Agent, KEYBANK NATIONAL ASSOCIATION, as Syndication Agent, and MANUFACTURERS AND TRADERS TRUST COMPANY, as sole Lead Arranger and Bookrunner (February 2nd, 2016)

CREDIT AGREEMENT dated as of January 29, 2016 (this “Agreement”), among OLLIE’S HOLDINGS, INC., a Delaware corporation (“Ollie’s Holdings”), OLLIE’S BARGAIN OUTLET, INC., a Pennsylvania corporation (“Ollie’s”) and each of the other Borrowers (as hereinafter defined), BARGAIN PARENT, INC., a Delaware corporation (“Parent”), the LENDERS party hereto from time to time and MANUFACTURERS AND TRADERS TRUST COMPANY, as administrative agent (in such capacity, the “Administrative Agent”), CITIZENS BANK OF PENNSYLVANIA, as Documentation Agent, KEYBANK NATIONAL ASSOCIATION, as Syndication Agent, and MANUFACTURERS AND TRADERS TRUST COMPANY, as sole Lead Arranger and Bookrunner (in such capacity, the “Lead Arranger”).

Ollie's Bargain Outlet Holdings, Inc. – GUARANTEE AND COLLATERAL AGREEMENT made by BARGAIN PARENT, INC. OLLIE’S HOLDINGS, INC. and certain Subsidiaries of OLLIE’S HOLDINGS, INC. in favor of MANUFACTURERS AND TRADERS TRUST COMPANY, as Administrative Agent Dated as of January 29, 2016 (February 2nd, 2016)

GUARANTEE AND COLLATERAL AGREEMENT, dated as of January 29, 2016, made by the Borrowers (as defined below) and each of the signatories hereto (other than the Administrative Agent, but together with any other entity that may become a party hereto as provided herein, the “Guarantors”; and the Guarantors together with the Borrowers, the “Grantors”), in favor of Manufacturers and Traders Trust Company (“M&T”), as administrative agent (in such capacity and together with its successors, the “Administrative Agent”) for (i) the banks and other financial institutions or entities (the “Lenders”) from time to time parties to the Credit Agreement, dated as of January 29, 2016, (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Bargain Parent, Inc., a Delaware corporation (“Parent”), Ollie’s Holdings, Inc., a Delaware corporation (the “Lead Borrower”), Ollie’s Bargain Outlet, Inc., a Pennsylvania corporation (“Ollie’s”),

Ollie's Bargain Outlet Holdings, Inc. – OLLIE’S BARGAIN OUTLET, INC. 6295 Allentown Boulevard — Suite A Harrisburg, Pennsylvania 17112 November 18, 2015 (December 10th, 2015)

This letter (the “Agreement”) will set forth the terms of your employment with Ollie’s Bargain Outlet, Inc. (the “Company”), an indirect, wholly-owned subsidiary of Ollie’s Bargain Outlet Holdings, Inc. (“OBO Holdings”).

Ollie's Bargain Outlet Holdings, Inc. – SECOND AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF OLLIE’S BARGAIN OUTLET HOLDINGS, INC. (Under Sections 242 and 245 of the Delaware General Corporation Law) (July 21st, 2015)

Ollie’s Bargain Outlet Holdings, Inc. (the “Corporation”), a corporation organized and existing under the General Corporation Law of the State of Delaware, as amended (the “DGCL”), does hereby certify as follows:

Ollie's Bargain Outlet Holdings, Inc. – SECOND AMENDED AND RESTATED BYLAWS OF OLLIE’S BARGAIN OUTLET HOLDINGS, INC. (a Delaware corporation) Effective July 15, 2015 (July 21st, 2015)
Ollie's Bargain Outlet Holdings, Inc. – OLLIE’S BARGAIN OUTLET HOLDINGS, INC. AMENDED AND RESTATED STOCKHOLDERS AGREEMENT Dated as of July 15, 2015 (July 21st, 2015)

This Amended and Restated Stockholders Agreement (this “Agreement”) of Ollie’s Bargain Outlet Holdings, Inc. (formerly known as Bargain Holdings, Inc.) (the “Company”) is entered into as of July 15, 2015, by and among (i) the Company, (ii) the CCMP Stockholders (as hereinafter defined), and (iii) the Butler Stockholders (as hereinafter defined), for and on behalf of itself and the Management Stockholders (as hereinafter defined).

Ollie's Bargain Outlet Holdings, Inc. – BARGAIN HOLDINGS, INC. 2012 EQUITY INCENTIVE PLAN (July 15th, 2015)
Ollie's Bargain Outlet Holdings, Inc. – OLLIE’S BARGAIN OUTLET HOLDINGS, INC. 2015 EQUITY INCENTIVE PLAN (July 15th, 2015)
Ollie's Bargain Outlet Holdings, Inc. – FORM OF INDEMNIFICATION AGREEMENT (July 8th, 2015)

THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of July     , 2015 between Ollie’s Bargain Outlet Holdings, Inc. (formerly known as Bargain Holdings, Inc.), a Delaware corporation (the “Holdings”), Ollie’s Bargain Outlet, Inc., a Pennsylvania corporation (“Ollie’s”, and together with Holdings, the “Companies” and each a “Company”), and [●] (“Indemnitee”). Capitalized terms not defined elsewhere in this Agreement shall have the meanings ascribed to them in Section 16 herein.

Ollie's Bargain Outlet Holdings, Inc. – OLLIE’S BARGAIN OUTLET HOLDINGS, INC. FORM OF AMENDED AND RESTATED STOCKHOLDERS AGREEMENT Dated as of July [●], 2015 (July 8th, 2015)

This Amended and Restated Stockholders Agreement (this “Agreement”) of Ollie’s Bargain Outlet Holdings, Inc. (formerly known as Bargain Holdings, Inc.) (the “Company”) is entered into as of July [●], 2015, by and among (i) the Company, (ii) the CCMP Stockholders (as hereinafter defined), and (iii) the Butler Stockholders (as hereinafter defined), for and on behalf of itself and the Management Stockholders (as hereinafter defined).

Ollie's Bargain Outlet Holdings, Inc. – FORM OF INDEMNIFICATION AGREEMENT (July 8th, 2015)

THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of July     , 2015 between Ollie’s Bargain Outlet Holdings, Inc. (formerly known as Bargain Holdings, Inc.), a Delaware corporation (the “Holdings”), Ollie’s Bargain Outlet, Inc., a Pennsylvania corporation (“Ollie’s”, and together with Holdings, the “Companies” and each a “Company”), and [●] (“Indemnitee”). Capitalized terms not defined elsewhere in this Agreement shall have the meanings ascribed to them in Section 16 herein.

Ollie's Bargain Outlet Holdings, Inc. – FORM OF SECOND AMENDED AND RESTATED BYLAWS OF OLLIE’S BARGAIN OUTLET HOLDINGS, INC. (a Delaware corporation) Effective [•], 2015 (July 6th, 2015)
Ollie's Bargain Outlet Holdings, Inc. – FORM OF SECOND AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF OLLIE’S BARGAIN OUTLET HOLDINGS, INC. (Under Sections 242 and 245 of the Delaware General Corporation Law) (July 6th, 2015)

Ollie’s Bargain Outlet Holdings, Inc. (the “Corporation”), a corporation organized and existing under the General Corporation Law of the State of Delaware, as amended (the “DGCL”), does hereby certify as follows:

Ollie's Bargain Outlet Holdings, Inc. – FORM OF AMENDMENT TO EMPLOYMENT AGREEMENT (July 6th, 2015)

This Amendment to Employment Agreement (“Amendment”) is entered into as of July             , 2015, by and between Kenneth Robert Bertram, an individual (“Employee”), and Ollie’s Bargain Outlet, Inc. (the “Company”).

Ollie's Bargain Outlet Holdings, Inc. – FORM OF AMENDMENT TO EMPLOYMENT AGREEMENT (July 6th, 2015)

This Amendment to Employment Agreement (“Amendment”) is entered into as of July             , 2015, by and between Kevin McLain, an individual (“Employee”), and Ollie’s Bargain Outlet, Inc. (the “Company”).

Ollie's Bargain Outlet Holdings, Inc. – FORM OF OLLIE’S BARGAIN OUTLET HOLDINGS, INC. 2015 EQUITY INCENTIVE PLAN Stock Option Award Agreement (July 6th, 2015)

This Stock Option Award Agreement (this “Agreement”) is made by and between Ollie’s Bargain Outlet Holdings, Inc., a Delaware corporation (the “Company”), and [•] (the “Participant”), effective as of [•] (the “Date of Grant”).

Ollie's Bargain Outlet Holdings, Inc. – FORM OF AMENDMENT TO EMPLOYMENT AGREEMENT (July 6th, 2015)

This Amendment to Employment Agreement (“Amendment”) is entered into as of July             , 2015, by and between John W. Swygert, Jr., an individual (“Employee”), and Ollie’s Bargain Outlet, Inc. (the “Company”).

Ollie's Bargain Outlet Holdings, Inc. – OLLIE’S BARGAIN OUTLET HOLDINGS, INC. [•] Shares of Common Stock Form of Underwriting Agreement (July 6th, 2015)
Ollie's Bargain Outlet Holdings, Inc. – FORM OF AMENDMENT TO EMPLOYMENT AGREEMENT (July 6th, 2015)

This Amendment to Employment Agreement (“Amendment”) is entered into as of July             , 2015, by and between Howard Freedman, an individual (“Employee”), and Ollie’s Bargain Outlet, Inc. (the “Company”).

Ollie's Bargain Outlet Holdings, Inc. – FORM OF AMENDMENT TO EMPLOYMENT AGREEMENT (July 6th, 2015)

This Amendment to Employment Agreement (“Amendment”) is entered into as of [•], 2015, by and between Mark Butler, an individual (“Employee”), and Ollie’s Bargain Outlet, Inc. (the “Company”).

Ollie's Bargain Outlet Holdings, Inc. – FORM OF AMENDMENT TO EMPLOYMENT AGREEMENT (July 6th, 2015)

This Amendment to Employment Agreement (“Amendment”) is entered into as of July             , 2015, by and between Omar Segura, an individual (“Employee”), and Ollie’s Bargain Outlet, Inc. (the “Company”).

Ollie's Bargain Outlet Holdings, Inc. – FORM OF OLLIE’S BARGAIN OUTLET HOLDINGS, INC. 2015 EQUITY INCENTIVE PLAN (July 6th, 2015)
Ollie's Bargain Outlet Holdings, Inc. – OLLIE’S BARGAIN OUTLET, INC. 6295 Allentown Boulevard — Suite 1 Harrisburg, Pennsylvania 17112 September 28, 2012 (June 15th, 2015)

This letter (the “Agreement”) will set forth the terms of your employment with Ollie’s Bargain Outlet, Inc. (the “Company”), an indirect, wholly-owned subsidiary of Bargain Holdings, Inc. (“Bargain Holdings”).