LEASELease • August 7th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Minnesota
ARTICLE I PURCHASE AND SALE OF PURCHASED ASSETSAsset Purchase Agreement • September 14th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Florida
Exhibit 10.3 PURCHASE AGREEMENT THIS AGREEMENT, made as of the date that both parties have executed this Agreement (the "Effective Date") by and between Grow Biz International, Inc. ("Seller") and Stan Koch & Sons Trucking, Inc. ("Buyer"). R E C I T A...Purchase Agreement • August 7th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Minnesota
RECITALSCredit Agreement • May 8th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT --------------------Employment Agreement • March 23rd, 2001 • Grow Biz International Inc • Retail-miscellaneous retail
RECITALSCredit Agreement • August 7th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Minnesota
INTRODUCTIONEmployment Agreement • May 8th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Minnesota
RECITALSTrademark License Agreement • September 14th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Florida
EXHIBIT 10.2 GROW BIZ INTERNATIONAL, INC. NONQUALIFIED STOCK OPTION AGREEMENTGrow Biz International Inc • May 8th, 2000 • Retail-miscellaneous retail • Minnesota
EXHIBIT 10.27 TRADEMARK SECURITY AGREEMENT This Agreement, dated as of October __, 1999, is made by and between GROW BIZ INTERNATIONAL, INC. and GROW BIZ GAMES, INC., each a Minnesota corporation whose address and principal place of business is 4200...Trademark Security Agreement • March 22nd, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Minnesota
EXHIBIT 10.6 PLATO'S CLOSET(R) FRANCHISE AGREEMENTFranchise Agreement • March 22nd, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Minnesota
EXHIBIT 10.22 CREDIT AGREEMENTCredit Agreement • March 19th, 1997 • Grow Biz International Inc • Retail-miscellaneous retail
THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 22nd, 2000 • Grow Biz International Inc • Retail-miscellaneous retail
INTRODUCTIONEmployment Agreement • March 23rd, 2001 • Grow Biz International Inc • Retail-miscellaneous retail • Minnesota
INDENTURE Dated as of , 2006, by and between WINMARK CORPORATION, as obligor and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as trusteeIndenture • April 19th, 2006 • Winmark Corp • Retail-miscellaneous retail • Minnesota
THIS INDENTURE is hereby entered into as of , 2006, by and between Winmark Corporation, a Minnesota corporation (the “Company”), as obligor, and Wells Fargo Bank, National Association, a national banking association, as trustee (the “Trustee”).
AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENTIntercreditor and Collateral Agency Agreement • April 13th, 2022 • Winmark Corp • Retail-miscellaneous retail • Minnesota
This Amended and Restated Intercreditor and Collateral Agency Agreement (this “Agreement”), dated as of this 12th day of April 2022, is by and among CIBC Bank USA (“CIBC”), The Prudential Insurance Company of America (“Prudential”), Pruco Life Insurance Company (“Pruco”), PAR U Hartford Life Insurance Comfort Trust (“PAR”), Prudential Annuities Life Assurance Corporation (“PALA”), The Prudential Life Insurance Company, Ltd. (“PLIC”), PGIM, Inc. (“PGIM”), CIBC, in its capacity as Bank Agent, CIBC, in its capacity as Collateral Agent, and the additional Senior Lenders that may from time to time become party hereto in accordance with the terms hereof. All terms used herein which are defined in Section 1 hereof or in the text of any other Section hereof shall have the meanings given therein.
DISTRIBUTION AND MANAGEMENT AGREEMENT dated as of , 2006 WINMARK CORPORATION and SUMNER HARRINGTON LTD.Distribution and Management Agreement • April 19th, 2006 • Winmark Corp • Retail-miscellaneous retail • Minnesota
THIS DISTRIBUTION AND MANAGEMENT AGREEMENT is entered into as of this day of , 2006 by and between Winmark Corporation, a Minnesota corporation (the “Company”), and Sumner Harrington Ltd., a Minnesota corporation (the “Agent”).
STOCK PURCHASE AGREEMENTStock Purchase Agreement • May 19th, 2006 • Winmark Corp • Retail-miscellaneous retail
THIS STOCK PURCHASE AGREEMENT (“Agreement”), made and entered into effective as of May 16, 2006, by and among RUSH RIVER GROUP, LLC, a Minnesota limited liability company (“Seller”); and WINMARK CORPORATION, a Minnesota corporation (“Buyer”).
AMENDMENT NUMBER ONE TO SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • April 5th, 2006 • Winmark Corp • Retail-miscellaneous retail
This AMENDMENT NUMBER ONE TO SECURITIES PURCHASE AGREEMENT (this “Amendment”) is made and entered into as of April 4, 2006, by and between Winmark Corporation, a Minnesota corporation (the “Purchaser”), and BridgeFunds Limited, a Nevada corporation (the “Company”).
KOCH LETTERHEAD]Winmark Corp • September 11th, 2008 • Retail-miscellaneous retail
Per our discussion, this letter, with your signature noting approval, will constitute a valid amendment to the lease agreement between our two companies dated July 10, 2000, as amended by that certain Amendment to Lease dated June 25, 2003 and Amendment No. 2 to Lease dated November 29, 2004 (collectively, the “Lease”) regarding your lease of the premises located at 4200 Dahlberg Drive, Golden Valley, MN.
RECITALSConsultant's Agreement • September 14th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Florida
LEASE By and Between Utah State Retirement Investment Fund (“Landlord”) AND Winmark Corporation (“Tenant”) Multi-Tenant Office LeaseLease Agreement • October 2nd, 2008 • Winmark Corp • Retail-miscellaneous retail • Minnesota
TRADEMARK SECURITY AGREEMENTTrademark Security Agreement • May 18th, 2015 • Winmark Corp • Retail-miscellaneous retail • Minnesota
TRADEMARK SECURITY AGREEMENT, dated as of May 14, 2015, by Winmark Corporation, a Minnesota corporation (the “Company”), Wirth Business Credit, Inc., a Minnesota corporation (“Wirth”), Winmark Capital Corporation, a Minnesota corporation (“Winmark Capital”), and Grow Biz Games, Inc., a Minnesota corporation (“Grow Biz”; the Company, Wirth, Winmark Capital, Grow Biz, collectively the “Grantors”, and each individually a “Grantor”), in favor of THE PRIVATEBANK AND TRUST COMPANY, an Illinois bank and trust company, in its capacity as collateral agent for the Senior Lenders (as defined in the Intercreditor Agreement defined below) (the “Collateral Agent”).
NON-COMPETITION AGREEMENTNon-Competition Agreement • January 26th, 2015 • Winmark Corp • Retail-miscellaneous retail • Minnesota
THIS NON-COMPETITION AGREEMENT (this “Agreement”) is made and entered into as of the 26th day of January 2015, by and among Steven C. Zola (“Zola”), Winmark Corporation, a Minnesota corporation (the “Winmark Corporation”) and Winmark Capital Corporation, a Minnesota corporation and wholly-owned subsidiary of Winmark Corporation (“Winmark Capital”).
AGREEMENTSoftware License Agreement • September 14th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Florida
OMNIBUS AMENDMENT TO COLLATERAL DOCUMENTSCollateral Documents • April 13th, 2022 • Winmark Corp • Retail-miscellaneous retail • Minnesota
THIS OMNIBUS AMENDMENT TO COLLATERAL DOCUMENTS (this “Amendment”) is entered into as of this 12th day of April 2022 by and among CIBC Bank USA (formerly known as the PrivateBank and Trust Company), in its capacity as collateral agent (the “Collateral Agent”) for the Senior Lenders (as defined in the Intercreditor Agreement defined below, the “Senior Lenders”), Winmark Corporation, a Minnesota corporation (“Winmark”), Wirth Business Credit, Inc., a Minnesota corporation (“Wirth”), Winmark Capital Corporation, a Minnesota corporation ( “Winmark Capital”), and Grow Biz Games, Inc., a Minnesota corporation (“Grow Biz”).
REVOLVING NOTERevolving Note • July 23rd, 2010 • Winmark Corp • Retail-miscellaneous retail
This Note evidences indebtedness incurred under, and is subject to the terms and provisions of, the Credit Agreement, dated as of July 13, 2010 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”; terms not otherwise defined herein are used herein as defined in the Credit Agreement), among the undersigned, The PrivateBank and Trust Company, certain other lenders party thereto and the Lender, to which Credit Agreement reference is hereby made for a statement of the terms and provisions under which this Note may or must be paid prior to its due date or its due date accelerated.
AMENDMENT TO LEASELease • March 22nd, 2004 • Winmark Corp • Retail-miscellaneous retail
THIS AMENDMENT to Lease (“Amendment”) is made and entered into as of June 25, 2003, between Stan Koch & Sons Trucking, Inc. (“Lessor”) and Winmark Corporation (“Tenant”).
364-DAY REVOLVING CREDIT AGREEMENT dated as of September 30, 2004 among WINMARK CORPORATION, as the Company and a Loan Party THE SUBSIDIARIES OF THE COMPANY, as Loan Parties, and LASALLE BANK NATIONAL ASSOCIATION, as LenderDay Revolving Credit Agreement • November 9th, 2004 • Winmark Corp • Retail-miscellaneous retail
THIS 364-DAY REVOLVING CREDIT AGREEMENT dated as of September 30, 2004 (this “Agreement”) is entered into among WINMARK CORPORATION (the “Company”), the Subsidiaries of the Company that are or may from time to time become parties hereto (together with the Company and their respective successors and assigns, the “Loan Parties”) and LASALLE BANK NATIONAL ASSOCIATION (in its individual capacity, “LaSalle”), as the Lender.
AMENDMENT NO. 3 to CREDIT AGREEMENTCredit Agreement • February 21st, 2014 • Winmark Corp • Retail-miscellaneous retail
THIS AMENDMENT NO. 3 TO CREDIT AGREEMENT (this “Amendment”) is made as of February 21, 2014, by and among WINMARK CORPORATION, WIRTH BUSINESS CREDIT, INC., WINMARK CAPITAL CORPORATION and GROW BIZ GAMES, INC. (each of the foregoing are referred to herein individually as a “Loan Party” and collectively as the “Loan Parties”), THE PRIVATEBANK AND TRUST COMPANY (the “Administrative Agent” and a “Lender”), and BMO HARRIS BANK N.A. (formerly known as HARRIS N.A.) (also a “Lender”).
AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT dated as of June 10, 2008Revolving Credit Agreement • August 1st, 2008 • Winmark Corp • Retail-miscellaneous retail • Illinois
WHEREAS, the Loan Parties and LaSalle have entered into a 364-Day Revolving Credit Agreement dated as of September 30, 2004, as amended by an Amendment to 364-Day Revolving Credit Agreement dated as of August 26, 2005, a Second Amendment to 364-Day Revolving Credit Agreement dated as of March 31, 2006, a Third Amendment to 364-Day Revolving Credit Agreement dated as of May 19, 2006, a Fourth Amendment to 364-Day Revolving Credit Agreement dated as of August 15, 2007, and a Fifth Amendment to 364-Day Revolving Credit Agreement dated as of November 12, 2007 (as amended, the “Existing Credit Agreement”); and
FIRST AMENDMENT TO MODIFICATION AGREEMENTModification Agreement • October 21st, 2010 • Winmark Corp • Retail-miscellaneous retail
This FIRST AMENDMENT TO MODIFICATION AGREEMENT (this “Amendment”), made and entered into as of October 20, 2010, is by and among Winmark Corporation, a Minnesota corporation (“Winmark”) and BridgeFunds LLC, a Nevada Limited liability company (“BridgeFunds”).
SECOND AMENDMENT TO MODIFICATION AGREEMENTModification Agreement • July 25th, 2011 • Winmark Corp • Retail-miscellaneous retail
This SECOND AMENDMENT TO MODIFICATION AGREEMENT (this “Amendment”), made and entered into as of July 22, 2011, is by and among Winmark Corporation, a Minnesota corporation (“Winmark”) and BridgeFunds LLC, a Nevada Limited liability company (“BridgeFunds”).
RECITALSCredit Agreement and Revolving Note • August 28th, 1997 • Grow Biz International Inc • Retail-miscellaneous retail
AMENDED AND RESTATED PLEDGE AGREEMENTPledge Agreement • May 18th, 2015 • Winmark Corp • Retail-miscellaneous retail • Minnesota
THIS AMENDED AND RESTATED PLEDGE AGREEMENT, dated as of May 14, 2015 (this “Agreement”), is made and given by WINMARK CORPORATION, a Minnesota corporation (the “Pledgor”) to THE PRIVATEBANK AND TRUST COMPANY, an Illinois bank and trust company, in its capacity as collateral agent for the Senior Lenders (as defined in the Intercreditor Agreement defined below) (the “Collateral Agent”).
