Cybex International Inc Sample Contracts

Cybex International Inc – LOAN MODIFICATION AGREEMENT (May 4th, 2012)

RBS CITIZENS, N.A., successor by merger with Citizens Bank of Massachusetts (hereinafter, the “Lender”), a national banking association with an office located at 28 State Street, Boston, Massachusetts 02109;

Cybex International Inc – Contract (May 4th, 2012)

THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “1933 ACT”), OR ANY APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE SOLD OR TRANSFERRED UNLESS SUCH SALE OR TRANSFER IS IN ACCORDANCE WITH THE REGISTRATION REQUIREMENTS OF SUCH ACT AND APPLICABLE LAWS OR SOME OTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF SUCH ACT AND APPLICABLE LAWS IS AVAILABLE WITH RESPECT THERETO.

Cybex International Inc – AMENDED AND RESTATED LOAN AGREEMENT (May 4th, 2012)

This AMENDED AND RESTATED LOAN AGREEMENT (this “Agreement”) is entered into at Boston, Massachusetts, as of March 15, 2012, between Cybex International, Inc., a New York corporation, with its chief executive office located at 10 Trotter Drive, Medway, Massachusetts 02053 (the “Borrower”) and RBS Citizens, N.A., successor by merger with Citizens Bank of Massachusetts, a national banking association, with an address of 28 State Street, Boston, Massachusetts 02109 (the “Bank”).

Cybex International Inc – RBS CITIZENS, N.A. AMENDED AND RESTATED CREDIT AGREEMENT (May 4th, 2012)

RBS Citizens, N.A. (the “Bank”), a national banking association having a principal place of business at 28 State Street, Boston, Massachusetts 02109; and

Cybex International Inc – CYBEX INTERNATIONAL, INC. NOTIFICATION OF PARTICIPATION 2012 MANAGEMENT INCENTIVE COMPENSATION BONUS PROGRAM (March 22nd, 2012)

This confirms that John Aglialoro (“you”) have been designated a participant in the 2012 management incentive compensation bonus program (the “Program”) of Cybex International, Inc. (“Cybex”) adopted by the Cybex Compensation Committee and the Board of Directors pursuant to Section 9 of the 2005 Omnibus Incentive Compensation Plan.

Cybex International Inc – CYBEX INTERNATIONAL, INC. NOTIFICATION OF PARTICIPATION 2012 MANAGEMENT INCENTIVE COMPENSATION BONUS PROGRAM (March 22nd, 2012)

This confirms that Arthur W. Hicks, Jr. (“you”) have been designated a participant in the 2012 management incentive compensation bonus program (the “Program”) of Cybex International, Inc. (“Cybex”) adopted by the Cybex Compensation Committee and the Board of Directors pursuant to Section 9 of the 2005 Omnibus Incentive Compensation Plan.

Cybex International Inc – CYBEX INTERNATIONAL, INC. NOTIFICATION OF PARTICIPATION 2012 MANAGEMENT INCENTIVE COMPENSATION BONUS PROGRAM (March 22nd, 2012)

This confirms that             (“you”) have been designated a participant in the 2012 management incentive compensation bonus program (the “Program”) of Cybex International, Inc. (“Cybex”) adopted by the Cybex Compensation Committee and the Board of Directors pursuant to Section 9 of the 2005 Omnibus Incentive Compensation Plan.

Cybex International Inc – LOAN MODIFICATION AGREEMENT (August 3rd, 2011)

RBS CITIZENS, N.A., successor by merger with Citizens Bank of Massachusetts (hereinafter, the “Lender”), a national banking association with an office located at 28 State Street, Boston, Massachusetts 02109;

Cybex International Inc – LEASE MODIFICATION AGREEMENT (May 3rd, 2011)

RBS ASSET FINANCE, INC. (hereinafter, the “Lessor”), a New York corporation with an office located at 28 State Street, Boston, Massachusetts 02109; and

Cybex International Inc – LOAN MODIFICATION AGREEMENT (May 3rd, 2011)

RBS CITIZENS, N.A., successor by merger with Citizens Bank of Massachusetts (hereinafter, the “Lender”), a national banking association with an office located at 28 State Street, Boston, Massachusetts 02109;

Cybex International Inc – CYBEX INTERNATIONAL, INC. NOTIFICATION OF PARTICIPATION 2011 MANAGEMENT INCENTIVE COMPENSATION BONUS PROGRAM (March 31st, 2011)

This confirms that Arthur W. Hicks, Jr. (“you”) have been designated a participant in the 2011 management incentive compensation bonus program (the “Program”) of Cybex International, Inc. (“Cybex”) adopted by the Cybex Compensation Committee and the Board of Directors pursuant to Section 9 of the 2005 Omnibus Incentive Compensation Plan.

Cybex International Inc – CYBEX INTERNATIONAL, INC. NOTIFICATION OF PARTICIPATION 2011 MANAGEMENT INCENTIVE COMPENSATION BONUS PROGRAM (March 31st, 2011)

This confirms that John Aglialoro (“you”) have been designated a participant in the 2011 management incentive compensation bonus program (the “Program”) of Cybex International, Inc. (“Cybex”) adopted by the Cybex Compensation Committee and the Board of Directors pursuant to Section 9 of the 2005 Omnibus Incentive Compensation Plan.

Cybex International Inc – CYBEX INTERNATIONAL, INC. NOTIFICATION OF PARTICIPATION 2011 MANAGEMENT INCENTIVE COMPENSATION BONUS PROGRAM (March 31st, 2011)

This confirms that ______________ (“you”) have been designated a participant in the 2011 management incentive compensation bonus program (the “Program”) of Cybex International, Inc. (“Cybex”) adopted by the Cybex Compensation Committee and the Board of Directors pursuant to Section 9 of the 2005 Omnibus Incentive Compensation Plan.

Cybex International Inc – RBS CITIZENS, NATIONAL ASSOCIATION THIRD MODIFICATION AGREEMENT (August 3rd, 2010)

RBS Citizens, National Association (successor by merger to Citizens Bank of Massachusetts), a national banking association with its principal office at 28 State Street, Boston, Massachusetts 02109 (the “Bank”);

Cybex International Inc – MASTER LEASE AGREEMENT (August 3rd, 2010)

This MASTER LEASE AGREEMENT (the “Master Lease”) is entered into as of June 24, 2010, between RBS ASSET FINANCE, INC., a New York corporation (together with its successors and assigns, “Lessor”) and Cybex International, Inc., a New York corporation (together with its successors and permitted assigns, “Lessee”). (The attached Annex A, which is incorporated herein by this reference, contains definitions and rules of construction for certain terms used in this Master Lease.)

Cybex International Inc – LEASE SCHEDULE NO. 001 (Security Lease-Floating Rate) (August 3rd, 2010)

This LEASE SCHEDULE NO. 001 (the “Lease Schedule”) dated as of June 24, 2010 (the “Acceptance Date”), between Cybex International, Inc., (together with its successors and permitted assigns, “Lessee”), and RBS ASSET FINANCE, INC. (together with its successors and assigns, “Lessor”), is executed pursuant to the Master Lease Agreement dated as of June 24, 2010 (as amended, modified and supplemented from time to time, the “Master Lease”), between Lessee and Lessor. All of the provisions of the Master Lease are incorporated herein by reference and capitalized terms used herein and not defined herein shall have the meanings set forth in the Master Lease. To the extent the provisions of the Master Lease conflict with the provisions of this Lease Schedule, the provisions of this Lease Schedule shall control.

Cybex International Inc – LOAN MODIFICATION AGREEMENT (March 2nd, 2010)
Cybex International Inc – CYBEX INTERNATIONAL, INC. NOTIFICATION OF PARTICIPATION 2010 MANAGEMENT INCENTIVE COMPENSATION BONUS PROGRAM (February 19th, 2010)

This confirms that John Aglialoro (“you”) have been designated a participant in the 2010 management incentive compensation bonus program (the “Program”) of Cybex International, Inc. (“Cybex”) adopted by the Cybex Compensation Committee and the Board of Directors pursuant to Section 9 of the 2005 Omnibus Incentive Compensation Plan.

Cybex International Inc – CYBEX INTERNATIONAL, INC. NOTIFICATION OF PARTICIPATION 2010 MANAGEMENT INCENTIVE COMPENSATION BONUS PROGRAM (February 19th, 2010)

This confirms that                              (“you”) have been designated a participant in the 2010 management incentive compensation bonus program (the “Program”) of Cybex International, Inc. (“Cybex”) adopted by the Cybex Compensation Committee and the Board of Directors pursuant to Section 9 of the 2005 Omnibus Incentive Compensation Plan.

Cybex International Inc – CYBEX INTERNATIONAL, INC. NOTIFICATION OF PARTICIPATION 2010 MANAGEMENT INCENTIVE COMPENSATION BONUS PROGRAM (February 19th, 2010)

This confirms that Arthur W. Hicks, Jr. (“you”) have been designated a participant in the 2010 management incentive compensation bonus program (the “Program”) of Cybex International, Inc. (“Cybex”) adopted by the Cybex Compensation Committee and the Board of Directors pursuant to Section 9 of the 2005 Omnibus Incentive Compensation Plan.

Cybex International Inc – LOAN MODIFICATION AGREEMENT (November 3rd, 2009)
Cybex International Inc – RBS CITIZENS, NATIONAL ASSOCIATION SECOND MODIFICATION AGREEMENT (November 3rd, 2009)

This Second Modification Agreement (the “Agreement”) is made and entered into effective as of the 13th day of August, 2009, by and among the following parties:

Cybex International Inc – LOAN MODIFICATION AGREEMENT (November 3rd, 2009)
Cybex International Inc – RBS CITIZENS, NATIONAL ASSOCIATION MODIFICATION AGREEMENT (June 2nd, 2009)

This Modification Agreement (the “Agreement”) is made and entered into effective as of the 4th day of May, 2009, by and among the following parties:

Cybex International Inc – LOAN MODIFICATION AGREEMENT (May 5th, 2009)
Cybex International Inc – RBS CITIZENS, NATIONAL ASSOCIATION MODIFICATION AGREEMENT (May 5th, 2009)

This Modification Agreement (the “Agreement”) is made and entered into effective as of the 4th day of May, 2009, by and among the following parties:

Cybex International Inc – PROMISSORY NOTE (March 12th, 2009)
Cybex International Inc – MANAGEMENT EMPLOYMENT AGREEMENT (March 12th, 2009)

The following is hereby entered into between Galen S. Lemar (thereafter known as “Executive”) and Cybex International, Inc. together with its subsidiary corporations hereinafter known as the “Company” and having its principal offices at 10 Trotter Drive, Medway, MA 02053.

Cybex International Inc – TERMINATION AGREEMENT (November 3rd, 2008)

AGREEMENT, dated September 8, 2008, among Cybex International, Inc., a New York corporation (“Cybex”), eNova Group Limited Liability Company, a Washington limited liability company (“eNova”), and Stephen M. Williams and Roy Simonson (the “Principals”).

Cybex International Inc – AMENDMENT NO. 1 TO CREDIT AGREEMENT (November 3rd, 2008)

This AMENDMENT NO. 1 to Credit Agreement (this “Amendment”) is entered into as of August 31, 2008, by and among Cybex International, Inc., a New York corporation (the “Borrower”) and RBS Citizens, National Association (the “Bank”), a national banking association.

Cybex International Inc – RBS CITIZENS, NATIONAL ASSOCIATION CREDIT AGREEMENT (August 4th, 2008)

RBS Citizens, National Association (the “Bank”), a national banking association having a principal place of business at 28 State Street, Boston, Massachusetts 02109; and

Cybex International Inc – PROMISSORY NOTE (May 5th, 2008)
Cybex International Inc – Cybex International, Inc. (April 18th, 2008)

This presentation includes “forward-looking statements”. Forward-looking statements relate to future events or our future financial performance and are subject to certain risks, trends and uncertainties that could cause actual results to differ materially from those expressed or implied by these forward-looking statements for a number of important factors. These factors include, among others, the successful development and introduction of new products, potential delays and uncertain market acceptance, fluctuations in raw material costs, reliance on third party suppliers, ability to protect intellectual property and possible infringement claims. Additional information regarding these and other factors may be contained in the Company’s SEC filings. We cannot assure you that the assumptions upon which forward-looking statements are based will prove to be correct. We cannot guarantee any future results, levels of activity, performance or achievements. We assume no obligation to publicly up

Cybex International Inc – MANAGEMENT EMPLOYMENT AGREEMENT (March 12th, 2008)

The following Agreement is hereby entered into between Chuck Lemar (thereafter known as “Executive”) and Cybex International, Inc. (together with its subsidiary corporations hereinafter known as the “Company”) and having its principal offices at 10 Trotter Drive, Medway, MA 02053.

Cybex International Inc – CYBEX INTERNATIONAL, INC. NOTIFICATION OF PARTICIPATION 2008 MANAGEMENT INCENTIVE COMPENSATION BONUS PROGRAM (February 25th, 2008)

This confirms that                                                   (“you”) have been designated a participant in the 2008 management incentive compensation bonus program (the “Program”) of Cybex International, Inc. (“Cybex”) adopted by the Cybex Compensation Committee and the Board of Directors pursuant to Section 9 of the 2005 Omnibus Incentive Compensation Plan.