Stein Mart Inc Sample Contracts

SECOND AMENDMENT TO REVOLVING CREDIT AGREEMENT --------------------------
Revolving Credit Agreement • June 17th, 2002 • Stein Mart Inc • Retail-family clothing stores • Florida
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RECITALS
Loan Agreement • November 17th, 1998 • Stein Mart Inc • Retail-family clothing stores • Florida
D. HUNT HAWKINS AGREEMENT WITH
Agreement • July 15th, 2005 • Stein Mart Inc • Retail-family clothing stores • Florida
AGREEMENT AND PLAN OF MERGER by and among STRATOSPHERE HOLDCO, LLC, STRATOSPHERE MERGER SUB, INC. and STEIN MART, INC. Dated as of January 30, 2020
Agreement and Plan of Merger • January 31st, 2020 • Stein Mart Inc • Retail-family clothing stores • Florida

AGREEMENT AND PLAN OF MERGER, dated as of January 30, 2020 (this “Agreement”), by and among Stratosphere Holdco, LLC, a Delaware limited liability company (“Parent”), Stratosphere Merger Sub, Inc., a Florida corporation and an indirect wholly-owned subsidiary of Parent (“Merger Sub”), and Stein Mart, Inc., a Florida corporation (the “Company”).

STEIN MART, INC. SPLIT DOLLAR AGREEMENT
Split Dollar Agreement • March 31st, 2000 • Stein Mart Inc • Retail-family clothing stores • Florida
JAMES BROWN AGREEMENT WITH STEIN MART, INC.
Agreement • May 7th, 2019 • Stein Mart Inc • Retail-family clothing stores • Florida

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 May 7, 2019 (the “Effective Date”).

AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • March 14th, 2018 • Stein Mart Inc • Retail-family clothing stores • New York

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.

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...
Term Loan Credit Agreement • March 14th, 2018 • Stein Mart Inc • Retail-family clothing stores • New York

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.

ROSEANN MCLEAN AMENDED AGREEMENT WITH STEIN MART, INC.
Amended Agreement • September 22nd, 2017 • Stein Mart Inc • Retail-family clothing stores • Florida

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”).

December 2008 Amendment to Employment Agreement (IRC 409A Compliant)
Employment Agreement • April 16th, 2009 • Stein Mart Inc • Retail-family clothing stores

This December 2008 Amendment (the “Amendment”) is made as of, and is effective, this 1st day of December, 2008, by and between Stein Mart, Inc., a Florida corporation and its divisions, subsidiaries and affiliates (the “Company”), and William A. Moll (“Executive”).

December 2008 Amendment to Employment Agreement (IRC 409A Compliant)
Employment Agreement • April 16th, 2009 • Stein Mart Inc • Retail-family clothing stores

This December 2008 Amendment (the “Amendment”) is made as of, and is effective, this 31st day of December, 2008, by and between Stein Mart, Inc., a Florida corporation and its divisions, subsidiaries and affiliates (the “Company”), and Mike Ray (“Executive”).

AMENDED AND RESTATED SUPPLY AGREEMENT
Supply Agreement • June 5th, 2006 • Stein Mart Inc • Retail-family clothing stores • Florida

THIS AMENDED AND RESTATED SUPPLY AGREEMENT (the “Agreement”) is made as of May 30, 2006, by and between DSW INC., an Ohio corporation with a business address at 4150 East Fifth Ave, Columbus, Ohio 43219 (the “Supplier”), and STEIN MART, INC., a Florida corporation with a business address at 1200 Riverplace Boulevard, Jacksonville, Florida 32207 (“Stein Mart”), and replaces in its entirety that prior Supply Agreement between the parties hereto dated July 18, 2002.

SEVENTH AMENDMENT TO AMENDED AND RESTATED SUPPLY AGREEMENT
Supply Agreement • June 15th, 2020 • Stein Mart Inc • Retail-family clothing stores

THIS SEVENTH AMENDMENT TO AMENDED AND RESTATED SUPPLY AGREEMENT (this "Amendment"), is made as of May 13, 2020 (the "Effective Date") by and between DSW Leased Business Division LLC aka Affiliated Business Group, an Ohio limited liability company ("Supplier"), successor by assignment of Designer Brands Inc., an Ohio corporation f/k/a DSW Inc. ("DSW"), each having a business address of 810 DSW Drive, Columbus, Ohio 43219, and Stein Mart, Inc., a Florida corporation ("Stein Mart") with a business address of 1200 Riverplace Boulevard, Jacksonville, Florida 32207.

STEIN MART, INC. RESTRICTED STOCK UNIT AWARD AGREEMENT (NON-EMPLOYEE DIRECTOR)
Omnibus Incentive Plan • May 4th, 2018 • Stein Mart Inc • Retail-family clothing stores • Florida

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.

AMENDED AND RESTATED CO-BRAND AND PRIVATE LABEL CREDIT CARD CONSUMER PROGRAM AGREEMENT by and between STEIN MART, INC. and SYNCHRONY BANK DATED AS OF February 24, 2016 In this document, “[***]” indicates that confidential materials have been redacted...
Program Agreement • August 23rd, 2016 • Stein Mart Inc • Retail-family clothing stores • Delaware

This AMENDED AND RESTATED CO-BRAND AND PRIVATE LABEL CREDIT CARD CONSUMER PROGRAM AGREEMENT (the “Agreement”) is made as of February 24, 2016 by and between Stein Mart, Inc. (“Retailer”), with its principal place of business at 1200 Riverplace Boulevard, Jacksonville, FL, 32207, and Synchrony Bank with its principal place of business at 170 West Election Drive, Suite 125, Draper, Utah 84020 (“Bank”). Certain capitalized terms used in this Agreement are defined in the attached Appendix A.

STEIN MART, INC. PERFORMANCE SHARE AWARD AGREEMENT
Performance Share Award Agreement • April 13th, 2017 • Stein Mart Inc • Retail-family clothing stores • Florida

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”).

AMENDED AND RESTATED CO-BRAND AND PRIVATE LABEL CREDIT CARD CONSUMER PROGRAM AGREEMENT by and between STEIN MART, INC. and GE CAPITAL RETAIL BANK DATED AS OF OCTOBER 3, 2011
Program Agreement • June 6th, 2012 • Stein Mart Inc • Retail-family clothing stores • Delaware

This AMENDED AND RESTATED CO-BRAND AND PRIVATE LABEL CREDIT CARD CONSUMER PROGRAM AGREEMENT (the “Agreement”) is made as of October 3, 2011 (the “Effective Date”) by and between Stein Mart, Inc. (“Retailer”), with its principal place of business at 1200 Riverplace Boulevard, Jacksonville, FL, 32207, and GE Capital Retail Bank with its principal place of business at 170 West Election Drive, Suite 125, Draper, Utah 84020 (“Bank”). Certain capitalized terms used in this Agreement are defined in the attached Appendix A.

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SIXTH AMENDMENT TO AMENDED AND RESTATED SUPPLY AGREEMENT
Supply Agreement • June 15th, 2020 • Stein Mart Inc • Retail-family clothing stores

THIS SIXTH AMENDMENT TO AMENDED AND RESTATED SUPPLY AGREEMENT (this "Amendment"), is made as of December 6, 2017 (the "Effective Date") by and between DSW Leased Business Division LLC aka Affiliated Business Group, an Ohio limited liability company ("Supplier"), successor by assignment of DSW lnc., an Ohio corporation ("DSW"), each having a business address of 810 DSW Drive, Columbus, Ohio 43219, and Stein Mart, Inc., a Florida corporation ("Stein Mart") with a business address of 1200 Riverplace Boulevard, Jacksonville, Florida 32207.

Exhibit 10.1 LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • September 15th, 2003 • Stein Mart Inc • Retail-family clothing stores • Florida
FIFTH AMENDMENT TO AMENDED AND RESTATED SUPPLY AGREEMENT
Supply Agreement • June 15th, 2020 • Stein Mart Inc • Retail-family clothing stores

THIS FIFTH AMENDMENT TO AMENDED AND RESTATED SUPPLY AGREEMENT (this "Amendment"), is made as of March 14, 2017 by and between DSW Leased Business Division LLC aka Affiliated Business Group, an Ohio limited liability company ("Supplier"), successor by assignment of DSW Inc., an Ohio corporation ("DSW"), each having a business address of 810 DSW Drive, Columbus, Ohio 43219, and Stein Mart, Inc., a Florida corporation (''Stein Mart") with a business address of 1200 Riverplace Boulevard, Jacksonville, Florida 32207.

STEIN MART, INC. OPTION AWARD AGREEMENT FOR NON-EMPLOYEE DIRECTORS
Omnibus Plan • April 13th, 2017 • Stein Mart Inc • Retail-family clothing stores • Florida

THIS AGREEMENT is made and entered into as of the date set forth on the signature page hereof 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”).

DAVID H. STOVALL, JR. AGREEMENT WITH STEIN MART, INC.
Agreement • December 8th, 2008 • Stein Mart Inc • Retail-family clothing stores • Florida

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 David H. Stovall, Jr. (“Executive”), is made as of December 2, 2008 (the “Effective Date”).

STEIN MART, INC. INDUCEMENT OPTION AWARD AGREEMENT FOR MARYANNE MORIN
Inducement Option Award Agreement • February 24th, 2017 • Stein Mart Inc • Retail-family clothing stores • Florida

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

RENEWAL OF LAW FIRM ENGAGEMENT AGREEMENT
Agreement • May 4th, 2018 • Stein Mart Inc • Retail-family clothing stores

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”).

RENEWAL OF LAW FIRM ENGAGEMENT AGREEMENT
Renewal of Law Firm Engagement Agreement • April 2nd, 2015 • Stein Mart Inc • Retail-family clothing stores

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, 2015 (the “Effective Date”).

GARY L. PIERCE AMENDMENT TO AGREEMENT WITH STEIN MART, INC.
To Agreement • May 7th, 2014 • Stein Mart Inc • Retail-family clothing stores

This Amendment (this “Amendment”) 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 L. PIERCE (“Executive”), is made as of May 5, 2014 (the “Effective Date”) and amends the Agreement between the Company and the Executive dated as of May 1, 2014 (the “Existing Agreement”).

FIRST AMENDMENT TO AMENDED AND RESTATED CO-BRAND AND PRIVATE LABEL CREDIT CARD PROGRAM AGREEMENT
Agreement • September 3rd, 2015 • Stein Mart Inc • Retail-family clothing stores • Delaware

This First Amendment to the Amended and Restated Co-Brand and Private Label Credit Card Program Agreement (this “First Amendment”), effective as of June 19, 2015 is entered into by and between Synchrony Bank (formerly “GE Capital Retail Bank”) (“Bank”) and Stein Mart, Inc. (“Retailer”) (the “Agreement”)

AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • February 21st, 2018 • Stein Mart Inc • Retail-family clothing stores • New York

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”).

SEPARATION AGREEMENT AND RELEASE
Separation Agreement and Release • October 14th, 2011 • Stein Mart Inc • Retail-family clothing stores • Florida

THIS SEPARATION AGREEMENT AND RELEASE (this “Agreement”) is made and entered into by and between Stein Mart, Inc., a Florida corporation, including its officers, directors, owners, employees, agents, representatives, subsidiaries, affiliates, successors and assigns (hereinafter, jointly and severally, “Stein Mart”) and David H. Stovall, Jr. (“Stovall”), a Florida resident. The effective date of this Agreement shall be September 16, 2011 (the “Effective Date”).

STEIN MART, INC. 2001 OMNIBUS PLAN AS AMENDED AND RESTATED EFFECTIVE JUNE 21, 2016
Stein Mart Inc • May 11th, 2016 • Retail-family clothing stores • Florida
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