Stein Mart Inc Sample Contracts

Stein Mart Inc – Date: February 1, 2019 Greg Kleffner 5140 Bridlewood Court Ponte Vedra Beach, FL 32082 Dear Greg: I am delighted to confirm our offer to engage you as a consultant to provide services (“Services”) to Stein Mart, Inc., consistent with the knowledge you have gained as our Chief Financial Officer. This agreement is nonexclusive, and you retain the right to provide your services to other businesses during this period. If you provide services for another retailer, you must inform Stein Mart of such activity. In recognition of the high level of skill and expertise you possess and that the Services w (February 7th, 2019)

This agreement will take effect after your employment with Stein Mart has ended on February 1, 2019. We have also agreed that you are an independent contractor and are solely responsible for all taxes, withholdings and other statutory obligations of any sort. All payment amounts set forth in this agreement will be paid as gross income, not subject to withholding by the company. Accordingly, you will receive a 1099 from Stein Mart to accommodate your filing of any federal, state and local taxes that may be due on this income.

Stein Mart Inc – STEIN MART, INC. SEVERANCE POLICY Effective January 22, 2019 (January 28th, 2019)
Stein Mart Inc – EXECUTIVE AGREEMENT WITH STEIN MART, INC. (December 18th, 2018)

This Agreement (this “Agreement”) entered into in the City of Jacksonville and State of Florida between Stein Mart, Inc., a Florida corporation and its divisions, subsidiaries and affiliates (the “Company”), and James Brown (“Executive”), is made as of December 17, 2018 (the “Effective Date”).

Stein Mart Inc – SECOND AMENDMENT TO PROGRAM AGREEMENT (December 4th, 2018)

This Second Amendment (the “Amendment”) to the Amended and Restated Co-Brand and Private Label Credit Card Consumer Program Agreement, dated as of February 24, 2016 (as amended, modified or supplemented from time to time, the “Program Agreement”), is made an entered into as of this 20th day of November, 2018, by and among Stein Mart, Inc. (“Retailer”) and Synchrony Bank (“Bank”).

Stein Mart Inc – November 27, 2018 For more information: Linda L. Tasseff FOR IMMEDIATE RELEASE Director, Investor Relations (November 27th, 2018)

Operating loss for the third quarter was $13.4 million for 2018 compared to an operating loss of $23.9 million for 2017. Third quarter 2018 results include advisory fees related to the extension of our credit agreements, as well as expenses and lower gross profit due to the impact of Hurricanes Florence and Michael. These unanticipated items approximated $3 million.

Stein Mart Inc – SECOND AMENDMENT TO TERM LOAN CREDIT AGREEMENT (September 19th, 2018)

This SECOND AMENDMENT TO TERM LOAN CREDIT AGREEMENT, dated as of September 18, 2018 (this “Amendment” or sometimes referred to herein as the “Second Amendment”), is entered into by and among GORDON BROTHERS FINANCE COMPANY, in its capacity as the administrative agent (in such capacity, together with its successors and assigns, “Administrative Agent”) pursuant to the Credit Agreement (as defined below) for the Lenders (as defined below), the parties to the Credit Agreement as lenders (individually, each a “Lender” and collectively, “Lenders”) party hereto, Stein Mart, Inc., a Florida corporation (“Stein Mart” or the “Lead Borrower”), and Stein Mart Buying Corp., a Florida corporation (“Buying Corp.”, and together with Stein Mart, each individually a “Borrower” and collectively, “Borrowers”), and the obligors party thereto as guarantors (each individually a “Guarantor” and collectively, “Guarantors”).

Stein Mart Inc – AMENDMENT NO. 1 TO INTERCREDITOR AGREEMENT (September 19th, 2018)

THIS AMENDMENT NO. 1 TO INTERCREDITOR AGREEMENT, dated as of September 18, 2018, is by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as ABL Agent pursuant to the ABL Credit Agreement acting for and on behalf of the ABL Credit Parties and GORDON BROTHERS FINANCE COMPANY, in its capacity as Term Agent pursuant to the Term Loan Agreement acting for and on behalf of the Term Credit Parties.

Stein Mart Inc – AMENDMENT NO. 3 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (September 19th, 2018)

This AMENDMENT NO. 3 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of September 18, 2018 (this “Amendment” or sometimes referred to herein as “Amendment No. 3”), is entered into by and among Wells Fargo Bank, National Association, a national banking association, in its capacity as agent (in such capacity, together with its successors and assigns, “Administrative Agent”) pursuant to the Credit Agreement (as defined below) for the Lenders (as defined below), the parties to the Credit Agreement as lenders (individually, each a “Lender” and collectively, “Lenders”) party hereto, Stein Mart, Inc., a Florida corporation (“Stein Mart” or the “Lead Borrower”), and Stein Mart Buying Corp., a Florida corporation (“Buying Corp.”, and together with Stein Mart, each individually a “Borrower” and collectively, “Borrowers”), and the obligors party thereto as guarantors (each individually a “Guarantor” and collectively, “Guarantors”).

Stein Mart Inc – August 22, 2018 For more information: Linda L. Tasseff FOR IMMEDIATE RELEASE Director, Investor Relations (August 22nd, 2018)

For the second quarter, operating income was $1.8 million for 2018 compared to an operating loss of $21.5 million for 2017. Net loss for the second quarter was $1.1 million or $0.02 per diluted share for 2018 compared to a net loss of $13.0 million or $0.28 per diluted share for 2017.

Stein Mart Inc – Promissory Note (August 2nd, 2018)

On this date of Tuesday, July 31, 2018, in return for valuable consideration received, STEIN MART, INC., (“Borrower”) promises to pay to the Stein Mart, Inc. Executive Deferral Plan, SunTrust Bank, Trustee under trust agreement (“Trust Agreement”) dated September 1, 1999, the “Lender”, the sum of THIRTEEN MILLION DOLLARS ($13,000,000), together with interest thereon at the rate of 3.58% per annum. Interest shall accrue daily on the average loan balance for the number of days the loan is outstanding prior to the date of repayment.

Stein Mart Inc – STEIN MART, INC. EMPLOYEE STOCK PURCHASE PLAN (June 29th, 2018)
Stein Mart Inc – FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT (June 7th, 2018)

This FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT, dated as of May 10, 2018 (this “Amendment”), is entered into by and among Stein Mart, Inc., a Florida corporation (“Stein Mart” or the “Lead Borrower”), Stein Mart Buying Corp., a Florida corporation (“Buying Corp.”, and together with Stein Mart, the “Borrowers”), the Guarantors party hereto, the Lenders party hereto, and Gordon Brothers Finance Company, a Delaware corporation, in its capacity as administrative agent for the Lenders (in such capacity, together with its successors and assigns, “Administrative Agent”).

Stein Mart Inc – Amendment to Promissory Note Stein Mart, Inc. (“Borrower”) SunTrust (“Lender”) (May 4th, 2018)

This Amendment to the Promissory Note (“Note”) dated February 2, 2018 in the principle amount of $13,738,318.06 by and between STEIN MART, INC. (“Borrower”) and SUNTRUST, as trustee (“Lender”) is entered into this 7th day of March, 2018.

Stein Mart Inc – RENEWAL OF LAW FIRM ENGAGEMENT AGREEMENT (May 4th, 2018)

This Agreement (this “Agreement’) entered into in the City of Jacksonville and State of Florida between Stein Mart, Inc., a Florida corporation and its divisions, subsidiaries and affiliates (the “Company”), and KIRSCHNER & LEGLER, P.A. (which, together with its president, Mitchell W. Legler, “Legler”, and with Legler and Kirschner & Legler, P.A. collectively called the “Firm”), is made as of April 1, 2017 (the “Effective Date”).

Stein Mart Inc – STEIN MART, INC. 2018 OMNIBUS INCENTIVE PLAN RESTRICTED STOCK UNIT AWARD AGREEMENT (NON-EMPLOYEE DIRECTOR) (May 4th, 2018)

This document (the “Award Agreement”) is made and entered into as of the date set forth on the signature page hereof (the “Grant Date”) by and between STEIN MART, INC., a Florida corporation (“Company”), and the Non-Employee Director whose signature is set forth on the signature page hereof (the “Participant”). This Award Agreement is subject to the Stein Mart, Inc. 2018 Omnibus Incentive Plan, effective January 1, 2018 (the “Plan”), the terms of which, to the extent not stated herein, are specifically incorporated by reference in this Award Agreement.

Stein Mart Inc – Promissory Note (May 4th, 2018)

On this date of Friday, February 1, 2018, in return for valuable consideration received, STEIN MART, INC., (“Borrower”) promises to pay to SunTrust in its capacity as the trustee under trust agreement (“Trust Agreement”) dated September 1, 1999 by and between Suntrust, Central Florida, N.A. or its successor in interest, the “Lender”, the sum of THIRTEEN MILLION SEVEN HUNDRED THIRTY EIGHT THOUSAND THREE HUNDRED EIGHTEEN DOLLARS AND SIX CENTS ($13,738,318.06), together with interest thereon at the rate of 3.58% per annum. Interest shall accrue daily on the average loan balance for the number of days the loan is outstanding prior to the date of repayment.

Stein Mart Inc – STEIN MART, INC. 2018 OMNIBUS INCENTIVE PLAN RESTRICTED STOCK UNIT AWARD AGREEMENT (KEY EMPLOYEES) (May 4th, 2018)

This document (the “Award Agreement”) is made and entered into as of the date set forth on the signature page hereof (the “Grant Date”) by and between STEIN MART, INC., a Florida corporation (“Company”), and the Participant whose signature is set forth on the signature page hereof (the “Participant”). This Award Agreement is subject to the Stein Mart, Inc. 2018 Omnibus Incentive Plan, effective January 1, 2018 (the “Plan”), the terms of which, to the extent not stated herein, are specifically incorporated by reference in this Award Agreement.

Stein Mart Inc – GARY L. PIERCE AMENDED AND RESTATED EMPLOYMENT AGREEMENT WITH STEIN MART, INC. (April 6th, 2018)

This Amended and Restated Employment Agreement (this “Agreement”) entered into in the City of Jacksonville and State of Florida between Stein Mart, Inc., a Florida corporation and its divisions, subsidiaries and affiliates (the “Company”), and Gary Pierce (“Executive”), is made as of April 4, 2018 to be effective on the “Effective Date” (as defined below).

Stein Mart Inc – INTERCREDITOR AGREEMENT by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, as ABL Agent, and GORDON BROTHERS FINANCE COMPANY, as Term Agent, and acknowledged by STEIN MART, INC., as Lead Borrower, THE OTHER BORROWERS SIGNATORY HERETO and THE GUARANTORS SIGNATORY HERETO dated as of March 14, 2018 (March 14th, 2018)

THIS INTERCREDITOR AGREEMENT (as amended, supplemented, restated or otherwise modified from time to time pursuant to the terms hereof, this “Agreement”) is entered into as of March 14, 2018, by and among (a) WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent (together with its successors and assigns in such capacity, the “ABL Agent”) for (i) the financial institutions party from time to time to the ABL Credit Agreement referred to below (such financial institutions, together with their respective successors, assigns and transferees, the “ABL Lenders”), (ii) the LC Issuer referred to in the ABL Credit Agreement (the “L/C Issuer”), and (iii) any ABL Bank Product Affiliates and ABL Cash Management Affiliates (each as defined below) (such ABL Bank Product Affiliates and ABL Cash Management Affiliates, together with the ABL Agent, the ABL Lenders and the L/C Issuer, the “ABL Credit Parties”), and (b) GORDON BROTHERS FINANCE COMPANY, in its capacity as administra

Stein Mart Inc – AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (March 14th, 2018)

This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of February 3, 2015, among Stein Mart, Inc., a Florida corporation (“Stein Mart” or the “Lead Borrower”), and Stein Mart Buying Corp., a Florida corporation (“Buying Corp.”, and together with Stein Mart, each individually a “Borrower” and collectively, “Borrowers”), the Guarantors from time to time party hereto, each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and Wells Fargo Bank, National Association, as the Administrative Agent, Collateral Agent, Swing Line Lender and LC Issuer.

Stein Mart Inc – TERM LOAN CREDIT AGREEMENT Dated as of March 14, 2018 among STEIN MART, INC., as the Lead Borrower For The Borrowers Named Herein The Guarantors Named Herein, GORDON BROTHERS FINANCE COMPANY as Administrative Agent, The Other Lenders Party Hereto and GORDON BROTHERS FINANCE COMPANY as Sole Lead Arranger and Sole Bookrunner (March 14th, 2018)

This TERM LOAN CREDIT AGREEMENT (“Agreement”) is entered into as of March 14, 2018, among Stein Mart, Inc., a Florida corporation (“Stein Mart” or the “Lead Borrower”), and Stein Mart Buying Corp., a Florida corporation (“Buying Corp.”, and together with Stein Mart, each individually a “Borrower” and collectively, “Borrowers”), the Guarantors from time to time party hereto, each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and Gordon Brothers Finance Company, as the Administrative Agent.

Stein Mart Inc – AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (February 21st, 2018)

This AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of February 19, 2018 (this “Amendment” or sometimes referred to herein as “Amendment No. 1”), is entered into by and among Wells Fargo Bank, National Association, a national banking association, in its capacity as agent (in such capacity, together with its successors and assigns, “Administrative Agent”) pursuant to the Credit Agreement (as defined below) for the Lenders (as defined below), the parties to the Credit Agreement as lenders (individually, each a “Lender” and collectively, “Lenders”) party hereto, Stein Mart, Inc., a Florida corporation (“Stein Mart” or the “Lead Borrower”), and Stein Mart Buying Corp., a Florida corporation (“Buying Corp.”, and together with Stein Mart, each individually a “Borrower” and collectively, “Borrowers”), and the obligors party thereto as guarantors (each individually a “Guarantor” and collectively, “Guarantors”).

Stein Mart Inc – STEIN MART, INC. 2018 OMNIBUS INCENTIVE PLAN (January 26th, 2018)
Stein Mart Inc – November 15, 2017 For more information: Linda L. Tasseff FOR IMMEDIATE RELEASE Director, Investor Relations (November 15th, 2017)

Net loss for the third quarter was $14.6 million or $0.31 per diluted share compared to net loss of $11.0 million or $0.24 per diluted share in 2016. For the first nine months of 2017, net loss was $23.9 million or $0.52 per diluted share compared to net income of $5.3 million or $0.11 per diluted share in the same period in 2016.

Stein Mart Inc – ROSEANN MCLEAN AMENDED AGREEMENT WITH STEIN MART, INC. (September 22nd, 2017)

This Agreement (this “Agreement”) entered into in the City of Jacksonville and State of Florida between Stein Mart, Inc., a Florida corporation and its divisions, subsidiaries and affiliates (the “Company”), and Roseann McLean (“Executive”), is made as of September 20, 2017 (the “Effective Date”).

Stein Mart Inc – Gregory W. Kleffner AMENDED AGREEMENT WITH STEIN MART, INC. (August 2nd, 2017)

This Agreement (this “Agreement”) entered into in the City of Jacksonville and State of Florida between Stein Mart, Inc., a Florida corporation and its divisions, subsidiaries and affiliates (the “Company”), and Gregory W. Kleffner (“Executive”), is made as of August 1, 2017 (the “Effective Date”).

Stein Mart Inc – AMENDED AGREEMENT WITH STEIN MART, INC. (August 2nd, 2017)

This Agreement (this “Agreement”) entered into in the City of Jacksonville and State of Florida between Stein Mart, Inc., a Florida corporation and its divisions, subsidiaries and affiliates (the “Company”), and D. Hunt Hawkins (“Executive”), is made as of August 1, 2017 (the “Effective Date”).

Stein Mart Inc – May 17, 2017 For more information: Linda L. Tasseff FOR IMMEDIATE RELEASE Director, Investor Relations (May 17th, 2017)

Net income for the first quarter was $3.7 million or $0.08 per diluted share compared to net income of $13.3 million or $0.29 per diluted share in 2016. Income tax expense for the first quarter of 2017 includes $1.1 million ($0.02 per diluted share) higher expense related to the new accounting standard on stock compensation.

Stein Mart Inc – STEIN MART, INC. 2001 OMNIBUS PLAN RESTRICTED STOCK AWARD AGREEMENT (KEY EMPLOYEES AND ADVISORS) (April 13th, 2017)

THIS RESTRICTED STOCK AWARD AGREEMENT (KEY EMPLOYEES AND ADVISORS) (the “Award Agreement”) is made and entered into as of the date set forth on the signature page hereof (the “Grant Date”) by and between STEIN MART, INC., a Florida corporation (“Company”), and the Participant whose signature is set forth on the signature page hereof (the “Participant”).

Stein Mart Inc – ARTICLE I Purpose 1.1 Purpose 1 1.2 Adoption and Approval 1 ARTICLE II Definitions 2.1 Advisor 1 2.2 Affiliate 1 2.3 Award 1 2.4 Award Agreement 1 2.5 Board 1 2.6 Change of Control 1 2.7 Code 2 2.8 Committee 2 2.9 Dividend Equivalents 2 2.10 Exchange Act 2 2.11 Fair Market Value 2 2.12 Incentive Stock Option 2 2.13 Key Employee 2 2.14 Non-Employee Director 2 2.15 Non-Qualified Stock Option 2 2.16 Option 2 2.17 Outside Directors 2 2.18 Participant 2 2.19 Performance Award 2 2.20 Performance Goal 2 2.21 Plan 3 2.22 Plan Year 3 2.23 Released Securities 3 2.24 Restricted Stock 3 2.25 Restricted St (April 13th, 2017)
Stein Mart Inc – STEIN MART, INC. 2001 OMNIBUS PLAN OPTION AWARD AGREEMENT FOR KEY EMPLOYEES (April 13th, 2017)

THIS OPTION AWARD AGREEMENT FOR KEY EMPLOYEES (the “Award Agreement”) is made and entered into as of the date set forth on the signature page hereof (the “Grant Date”) by and between STEIN MART, INC., a Florida corporation (the “Company”), and the Key Employee of the Company whose signature is set forth on the signature page hereof (the “Key Employee”).

Stein Mart Inc – STEIN MART, INC. 2001 OMNIBUS PLAN PERFORMANCE SHARE AWARD AGREEMENT (April 13th, 2017)

THIS AGREEMENT is made and entered into as of the date set forth on the signature page hereof (the “Grant Date”) by and between STEIN MART, INC., a Florida corporation (“Company”), and the Participant whose signature is set forth on the signature page hereof (the “Participant”).

Stein Mart Inc – ROSANN MCLEAN AGREEMENT WITH STEIN MART, INC. (April 13th, 2017)

This Agreement (this “Agreement”) entered into in the City of Jacksonville and State of Florida between Stein Mart, Inc., a Florida corporation and its divisions, subsidiaries and affiliates (the “Company”), and ROSANN MCLEAN (“Executive”), is made as of October 1, 2015 (the “Effective Date”).

Stein Mart Inc – STEIN MART, INC. 2001 OMNIBUS PLAN RESTRICTED SHARE AWARD AGREEMENT (April 13th, 2017)

THIS AGREEMENT is made and entered into as of the date set forth on the signature page hereof (the “Grant Date”) by and between STEIN MART, INC., a Florida corporation (“Company”), and the Participant whose signature is set forth on the signature page hereof (the “Participant”).

Stein Mart Inc – STEIN MART, INC. 2001 OMNIBUS PLAN RESTRICTED STOCK AWARD AGREEMENT (NON- EMPLOYEE DIRECTOR) (April 13th, 2017)

THIS RESTRICTED STOCK AWARD AGREEMENT (NON-EMPLOYEE DIRECTOR) (the “Award Agreement”) is made and entered into as of the date set forth on the signature page hereof (the “Grant Date”) by and between STEIN MART, INC., a Florida corporation (“Company”), and the Non-Employee Director of the Company whose signature is set forth on the signature page hereof (the “Non-Employee Director”).