THE LOVESAC COMPANY UNDERWRITING AGREEMENT [●] Shares of Common StockUnderwriting Agreement • June 25th, 2018 • Lovesac Co • Retail-furniture stores • New York
The Lovesac Company, a Delaware corporation (such entity and, with respect to any time, date or period prior to the effective time of the Reorganization (as defined herein), SAC Acquisition LLC and any other predecessor entities of The Lovesac Company, and any subsidiaries of SAC Acquisition LLC or of any other predecessor entities of The Lovesac Company, 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”, or each, and “Underwriter”), for whom Roth Capital Partners, LLC is acting as the representative (the “Representative”) an aggregate of [●] authorized but unissued shares (the “Firm Shares”) of common stock, par value $0.00001 per share (the “Common Stock”), of the Company. The Company also proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 4 hereof, up to an additional [●] shares of Common Stock (the “Option Shares”). The Firm Shares an
THE LOVESAC COMPANY STOCK OPTION AGREEMENT ExecutivesStock Option Agreement • April 14th, 2021 • Lovesac Co • Retail-furniture stores • Delaware
The Lovesac Company (the “Company”) has granted to the Participant named in the Notice of Grant of Stock Option (the “Grant Notice”) to which this Stock Option Agreement (the “Option Agreement”) is attached an option (the “Option”) to purchase certain shares of Stock upon the terms and conditions set forth in the Grant Notice and this Option Agreement. The Option has been granted pursuant to and shall in all respects be subject to the terms and conditions of The Lovesac Company Amended and Restated 2017 Equity Incentive Plan (the “Plan”), as amended to the Date of Grant, the provisions of which are incorporated herein by reference. By signing the Grant Notice, the Participant: (a) acknowledges receipt of, and represents that the Participant has read and is familiar with, the Grant Notice, this Option Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of shares issuable pursuant to the Option (the “P
THE LOVESAC COMPANY RESTRICTED STOCK UNITS AGREEMENTRestricted Stock Units Agreement • October 4th, 2019 • Lovesac Co • Retail-furniture stores • Delaware
The Lovesac Company has granted to the Participant named in the Notice of Grant of Restricted Stock Units (the “Grant Notice”) to which this Restricted Stock Units Agreement (the “Agreement”) is attached an Award consisting of Restricted Stock Units (each a “Unit”) subject to the terms and conditions set forth in the Grant Notice and this Agreement. The Award has been granted pursuant to and shall in all respects be subject to the terms and conditions of The Lovesac Company 2017 Equity Incentive Plan (the “Plan”), as amended to the Date of Grant, the provisions of which are incorporated herein by reference. By signing the Grant Notice, the Participant: (a) acknowledges receipt of and represents that the Participant has read and is familiar with the Grant Notice, this Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of the shares issuable pursuant to the Award (the “Plan Prospectus”), (b) accepts t
ContractCredit Agreement • March 30th, 2022 • Lovesac Co • Retail-furniture stores • New York
EMPLOYMENT AGREEMENTEmployment Agreement • June 7th, 2023 • Lovesac Co • Retail-furniture stores • Connecticut
EMPLOYMENT AGREEMENT, dated as of June 1, 2023 (the “Agreement”), between The Lovesac Company, a Delaware corporation (the “Company”) and Keith Siegner (the “Executive”).
FIRST AMENDMENT TO EMPLOYMENT AgREEMENTEmployment Agreement • April 14th, 2021 • Lovesac Co • Retail-furniture stores • New York
This First Amendment to Employment Agreement (this “Amendment”) is entered into by and between The Lovesac Company, a Delaware corporation (the “Company”), and Donna Dellomo (the “Executive”), effective as of October 2, 2019 (the “Effective Date”).
THE LOVESAC COMPANY UNDERWRITING AGREEMENT 2,875,000 Shares of Common StockUnderwriting Agreement • May 23rd, 2019 • Lovesac Co • Retail-furniture stores • New York
The stockholders named in Schedule I-A and Schedule I-B hereto (each such stockholder a “Selling Stockholder” and together, the “Selling Stockholders”) propose, subject to the terms and conditions stated in this agreement (this “Agreement”), to sell, severally and not jointly, to the underwriters named in Schedule II hereto (the “Underwriters”, or each, an “Underwriter”), for whom Stifel, Nicolaus & Company, Incorporated is acting as the representative (the “Representative”), an aggregate of 1,750,000 shares of common stock (the “Secondary Firm Shares”), par value $0.00001 per share (the “Common Stock”) of The Lovesac Company, a Delaware corporation (such entity and, with respect to any time, date or period prior to the effective time of the Reorganization (as defined herein), SAC Acquisition LLC and any other predecessor entities of The Lovesac Company, and any subsidiaries of SAC Acquisition LLC or of any other predecessor entities of The Lovesac Company, the “Company”). At the elect
THIS WARRANT (AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT) HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY STATE SECURITIES LAWS AND NEITHER THE SECURITIES NOR ANY INTEREST THEREIN MAY BE...Warrant Agreement • May 23rd, 2018 • Lovesac Co • Retail-furniture stores
THIS WARRANT (AND THE SECURITIES ISSUABLE UPON EXERCISE OF THIS WARRANT) IS SUBJECT TO A SUBSCRIPTION AGREEMENT, DATED AS OF THE DATE HEREOF, BY AND AMONG THE LOVESAC COMPANY (THE "COMPANY"), CERTAIN STOCKHOLDERS OF THE COMPANY, AND THE ORIGINAL HOLDER HEREOF (AS AMENDED FROM TIME TO TIME, THE "SUBSCRIPTION AGREEMENT"). NO TRANSFER, SALE, ASSIGNMENT, PLEDGE, HYPOTHECATION OR OTHER DISPOSITION OF THE SECURITIES REPRESENTED BY THIS WARRANT MAY BE MADE EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF THIS WARRANT AND SUCH SUBSCRIPTION AGREEMENT.
ContractEmployment Agreement • March 30th, 2022 • Lovesac Co • Retail-furniture stores • Connecticut
DocuSign Envelope ID: E34A5FA4-4B7A-4036-9CD2-0A5217EA8D61 Amendment to Section 5(h). Section 5(h) is deleted and replaced with the following 1.2 new Section 5(h): "(h) Within 30 days after the end of each calendar year, beginning with the calendar...Retailer Program Agreement • April 11th, 2024 • Lovesac Co • Retail-furniture stores • Utah
THE LOVESAC COMPANY RESTRICTED STOCK UNITS AGREEMENTRestricted Stock Units Agreement • May 23rd, 2018 • Lovesac Co • Retail-furniture stores • Delaware
The Lovesac Company has granted to the Participant named in the Notice of Grant of Restricted Stock Units (the “Grant Notice”) to which this Restricted Stock Units Agreement (the “Agreement”) is attached an Award consisting of Restricted Stock Units (each, a “Unit”) subject to the terms and conditions set forth in the Grant Notice and this Agreement. The Award has been granted pursuant to and shall in all respects be subject to the terms conditions of The Lovesac Company 2017 Equity Incentive Plan (the “Plan”), as amended to the Date of Grant, the provisions of which are incorporated herein by reference. By signing the Grant Notice, the Participant: (a) acknowledges receipt of and represents that the Participant has read and is familiar with the Grant Notice, this Agreement and the Plan, (b) accepts the Award subject to all of the terms and conditions of the Grant Notice, this Agreement and the Plan and (c) agrees to accept as binding, conclusive and final all decisions or interpretati
SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • November 12th, 2021 • Lovesac Co • Retail-furniture stores • Connecticut
This Second Amendment to Employment Agreement (this “Second Amendment”) is entered into by and between The Lovesac Company, a Delaware corporation (the “Company”), and Jack A. Krause (the “Executive”), effective as of November 9, 2021 (the “Effective Date”).
THE LOVESAC COMPANY UNDERWRITING AGREEMENT [__] Shares of Common StockUnderwriting Agreement • May 20th, 2019 • Lovesac Co • Retail-furniture stores • New York
The stockholders named in Schedule I-A and Schedule I-B hereto (each such stockholder a “Selling Stockholder” and together, the “Selling Stockholders”) propose, subject to the terms and conditions stated in this agreement (this “Agreement”), to sell, severally and not jointly, to the underwriters named in Schedule II hereto (the “Underwriters”, or each, an “Underwriter”), for whom Stifel, Nicolaus & Company, Incorporated is acting as the representative (the “Representative”), an aggregate of [__] shares of common stock (the “Secondary Firm Shares”), par value $0.00001 per share (the “Common Stock”) of The Lovesac Company, a Delaware corporation (such entity and, with respect to any time, date or period prior to the effective time of the Reorganization (as defined herein), SAC Acquisition LLC and any other predecessor entities of The Lovesac Company, and any subsidiaries of SAC Acquisition LLC or of any other predecessor entities of The Lovesac Company, the “Company”). At the election o
AMENDMENT NO. 7 TO CREDIT AGREEMENTCredit Agreement • March 29th, 2023 • Lovesac Co • Retail-furniture stores • New York
AMENDMENT NO. 7 TO CREDIT AGREEMENT, dated as of March 24, 2023 (this “Amendment No. 7”), is by and among Wells Fargo Bank, National Association, a national banking association, in its capacity as administrative agent and collateral agent (in such capacity, together with its successors and assigns, “Agent”) pursuant to the Credit Agreement (as defined below), the parties to the Credit Agreement from time to time as lenders (individually, each a “Lender” and collectively, “Lenders”), and The Lovesac Company, a Delaware corporation (the “Lead Borrower,” and together with any other Person that becomes party hereto as a borrower, individually a “Borrower” and collectively, the “Borrowers”).
Bank's option, any other amounts which may be owed by Retailer to Bank (including any fees) or by Retailer to any of Bank's affiliates. If at any time, the amount Bank owes Retailer is less than the amount Retailer owes Bank (without regard to any...Lovesac Co • April 11th, 2024 • Retail-furniture stores
ContractSenior Strategic Advisor Agreement • November 3rd, 2023 • Lovesac Co • Retail-furniture stores • Connecticut
and may (but need not) debit the Reserve Account from time to time to satisfy any amounts owed by Retailer to Bank. However, Bank will return to Retailer any amounts remaining in the Reserve Account no later than one year after termination of...Retailer Program Agreement • April 11th, 2024 • Lovesac Co • Retail-furniture stores
ASSIGNMENT AND ASSUMPTION AGREEMENTAssignment and Assumption Agreement • April 20th, 2018 • Lovesac Co • Retail-furniture stores • Delaware
This Assignment and Assumption Agreement (“Agreement”) is made as of March 22, 2017, by and between The Lovesac Company, a Delaware corporation (the “Assignee”) and SAC Acquisition LLC, a Delaware limited liability company (the “Assignor”).
' 2.3 Addition of .New Section 5(g). There are two Sections S(f) in the Agreemenl The first Section 5(f) related to Volume Rebate is deleted in its enUrety and replaced with the followin.9 new Sect{on 5(g): "(gl Provided tllat no event has occ;urre(I...Lovesac Co • April 11th, 2024 • Retail-furniture stores
AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 20th, 2018 • Lovesac Co • Retail-furniture stores • Delaware
This Amended and Restated Registration Rights Agreement (this “Agreement”) is made and entered into as of October 19, 2017, by and among The Lovesac Company, a Delaware corporation (the “Company”), the investors set forth on Exhibit A of the Subscription Agreement (the “A-2 Investors”) and the investors as set forth on Exhibit A of the A/A-1 Subscription Agreement (as defined below) (the “A/A-1 Investors,” collectively with the A-2 Investors, the “Investors” and, each individually, an “Investor”).
