Brookstone Inc Sample Contracts

FIRST AMENDMENT TO REVOLVING CREDIT AGREEMENT
Revolving Credit Agreement • December 16th, 1996 • Brookstone Inc • Retail-retail stores, nec • Massachusetts
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EXHIBIT 10.33 AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • May 3rd, 2002 • Brookstone Inc • Retail-retail stores, nec • Massachusetts
EXHIBIT 10.25 ================================================================= =============== AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • April 28th, 2000 • Brookstone Inc • Retail-retail stores, nec • Massachusetts
CREDIT AGREEMENT
Credit Agreement • December 16th, 1997 • Brookstone Inc • Retail-retail stores, nec • Massachusetts
ISDA® International Swap Dealers Association, Inc. MASTER AGREEMENT dated as of July 8, 2004 BANKNORTH, N.A. and Brookstone Company, Inc.
Master Agreement • September 9th, 2004 • Brookstone Inc • Retail-retail stores, nec

have entered and/or anticipate entering into one or more transactions (each a “Transaction”) that are or will be governed by this Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties confirming those Transactions.

BROOKSTONE HOLDINGS CORP.
Brookstone Inc • July 18th, 2005 • Retail-retail stores, nec

This letter serves as confirmation of Parent’s agreement with you to serve as the President and Chief Executive Officer of the Company, and to reinvest a portion of the net cash proceeds you receive under the Merger Agreement in respect of your existing Options in the Class A Common Partnership Interests of OSIM Brookstone Holdings, L.P., in each case consistent with the provisions more fully described in the Employment and Equity Term Sheet (the “Term Sheet”) attached as Exhibit A hereto and effective upon consummation of the Closing. Simultaneously with the Closing you will, and we will cause the Company or one of its affiliates reasonably acceptable to you to, enter into a formal employment agreement with you (the “Employment Agreement”) and you will enter into each of the Equityholders Agreements (as defined in the Term Sheet) with respect your ownership of Class A Common Partnership Interests and Class B Common Partnership Interests of OSIM Brookstone Holdings, L.P., in each case

SEPARATION AGREEMENT AND GENERAL RELEASE
Separation Agreement and General Release • August 15th, 2006 • Brookstone Inc • Retail-retail stores, nec • Delaware

This Separation Agreement and General Release (the “Agreement”) is made and entered into as of the Effective Date of this Agreement (as set forth in Paragraph 18 hereof), by and between Michael F. Anthony (“Anthony”), and Brookstone, Inc. a Delaware corporation (the “Company”), on its own behalf and on behalf of each of its respective past and present parent, affiliate, and subsidiary entities;

AMENDED AND RESTATED LEASE AGREEMENT WITH OPTION TO PURCHASE Dated as of March 1, 2004 BETWEEN CITY OF MEXICO, MISSOURI AND BROOKSTONE STORES, INC.
And Restated Lease Agreement • April 15th, 2004 • Brookstone Inc • Retail-retail stores, nec • Missouri

THIS AMENDED AND RESTATED LEASE AGREEMENT WITH OPTION TO PURCHASE dated as of March 1, 2004 (the “Lease”), by and between the CITY OF MEXICO, MISSOURI, a Missouri third class city (the “City”), and BROOKSTONE STORES, INC., a New Hampshire corporation (the “Company”),

FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 27th, 2007 • Brookstone Inc • Retail-retail stores, nec

WHEREAS, the Borrowers, entered into a certain Credit Agreement dated as of October 4, 2005 (as in effect, the “Credit Agreement”) by and among (i) Brookstone Company, Inc. as Lead Borrower; (ii) the Borrowers; (iii) the Facility Guarantors; (iv) the Lenders; (v) Bank of America, N.A., as Issuing Bank; (vi) Bank of America, N.A., as Administrative Agent and Collateral Agent for the Lenders; and (vii) Goldman Sachs Credit Partners L.P, as Documentation Agent for the Lenders; and

AGREEMENT AND PLAN OF MERGER by and among BROOKSTONE HOLDINGS CORP., BROOKSTONE ACQUISITION CORP. and BROOKSTONE, INC. Dated as of April 15, 2005
Agreement and Plan of Merger • April 20th, 2005 • Brookstone Inc • Retail-retail stores, nec • Delaware

AGREEMENT AND PLAN OF MERGER, dated as of April 15, 2005 (this “Agreement”), by and among Brookstone Holdings Corp., a Delaware corporation (“Parent”), Brookstone Acquisition Corp., a Delaware corporation and a wholly-owned subsidiary of Parent (“Acquisition”), and Brookstone, Inc., a Delaware corporation (the “Company”).

BANKNORTH, N.A. MORTGAGE AND SECURITY AGREEMENT
Mortgage and Security Agreement • September 9th, 2004 • Brookstone Inc • Retail-retail stores, nec • New Hampshire

This MORTGAGE AND SECURITY AGREEMENT is granted as of the 24th day of August, 2004, to Banknorth, N.A. (hereinafter, the “Mortgagee”), a national banking association with a principal office at 7 New England Executive Park, Burlington, Massachusetts 01803, by Brookstone Company, Inc., a New Hampshire corporation (hereinafter, the “Mortgagor”), with a principal office at One Innovation Way, Merrimack, New Hampshire. In consideration of the mutual covenants contained herein and benefits derived herefrom, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Mortgagor agrees to the following terms and conditions:

SCHEDULE to the ISDA MASTER AGREEMENT
Isda Master Agreement • September 9th, 2004 • Brookstone Inc • Retail-retail stores, nec • New York

This is the Schedule to that certain ISDA Master Agreement dated as of July 8, 2004 between Banknorth, N.A. (“Party A”) and Brookstone Company, Inc., a New Hampshire Corporation (“Party B”).

BANKNORTH, N.A. REAL ESTATE LOAN AGREEMENT
Loan Agreement • September 9th, 2004 • Brookstone Inc • Retail-retail stores, nec • New Hampshire

Banknorth, N.A. (the “Bank”), a national banking association having a principal place of business at 7 New England Executive Park, Burlington, Massachusetts 01803; and

Amendment to the Employment Agreement dated September 30, 1994 by and among Brookstone, Inc., Brookstone Company, Inc. and Michael F. Anthony.
Employment Agreement • June 10th, 2003 • Brookstone Inc • Retail-retail stores, nec

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

AMENDED AND RESTATED SEPARATION AGREEMENT AND GENERAL RELEASE
Separation Agreement and General Release • November 14th, 2006 • Brookstone Inc • Retail-retail stores, nec • Delaware

This Amended and Restated Separation Agreement and General Release (“Agreement”) is made between Alexander M. Winiecki, whose address is 12 Boylston Terrace, Amherst NH 03031 (“Employee”) and Brookstone, Inc., a Delaware corporation (“Employer” or “Company”).

BROOKSTONE HOLDINGS CORP.
Brookstone Inc • August 9th, 2005 • Retail-retail stores, nec

This letter serves as confirmation of Parent’s agreement with you to serve as the President and Chief Executive Officer of the Company, and to reinvest a portion of the net cash proceeds you receive under the Merger Agreement in respect of your existing Options in the Class A Common Partnership Interests of OSIM Brookstone Holdings, L.P., in each case consistent with the provisions more fully described in the Employment and Equity Term Sheet (the “Term Sheet”) attached as Exhibit A hereto and effective upon consummation of the Closing. Simultaneously with the Closing you will, and we will cause the Company or one of its affiliates reasonably acceptable to you to, enter into a formal employment agreement with you (the “Employment Agreement”) and you will enter into each of the Equityholders Agreements (as defined in the Term Sheet) with respect your ownership of Class A Common Partnership Interests and Class B Common Partnership Interests of OSIM Brookstone Holdings, L.P., in each case

CHANGE OF CONTROL AGREEMENT
Change of Control Agreement • May 2nd, 2003 • Brookstone Inc • Retail-retail stores, nec • Delaware

This is an agreement (the “Agreement”) between Brookstone, Inc., (the “Company”), a Delaware corporation with its principal place of business at 17 Riverside Street, Nashua, New Hampshire, and Michael F. Anthony (the “Executive”), effective as of April 18, 2003 (the “Effective Date”).

AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • July 18th, 2005 • Brookstone Inc • Retail-retail stores, nec

AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER, dated as of July 15, 2005 (this “Amendment No. 1”), by and among Brookstone Holdings Corp., a Delaware corporation (“Parent”), Brookstone Acquisition Corp., a Delaware corporation and a wholly-owned subsidiary of Parent (“Acquisition”), and Brookstone, Inc., a Delaware corporation (the “Company”).

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