FORM OF OPPORTUNITY AND RETENTION AWARD AGREEMENT (Retirement Eligible Version)Opportunity and Retention Award Agreement • September 2nd, 2015 • Bob Evans Farms Inc • Retail-eating places • Ohio
Bob Evans Farms, Inc. (the “Company”) hereby grants the undersigned Participant an Other Stock-Based Award consisting of (a) restricted stock units (“RSUs”) and related dividend equivalent rights (“DERs”), and/or (b) Shares of Restricted Stock, subject to the terms and conditions described in the Bob Evans Farms, Inc. 2010 Equity and Cash Incentive Plan (the “Plan”) and this Award Agreement (this “Award Agreement”).
BOB EVANS FARMS, INC. AND AFFILIATES FOURTH AMENDED AND RESTATED SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN August 20, 2015Bob Evans Farms Inc • September 2nd, 2015 • Retail-eating places
On April 17, 1992, Bob Evans Farms, Inc. (“Corporation”) adopted the Bob Evans Farms, Inc. Supplemental Executive Retirement Plan to provide deferred and incentive compensation to a select group of its management or highly compensated employees. The Plan was amended and restated effective May 1, 1998, effective May 1, 2002, and effective January 1, 2008. Effective June 10, 2009, the Plan was amended to provide that no additional individuals shall be eligible to participate in the Plan. Effective as of January 1, 2015, the Corporation adopts this fourth amended and restated version of the Plan. This Plan is intended to be an unfunded, nonqualified program of deferred compensation within the meaning of Title I of ERISA.
AGREEMENT regarding financial covenant calculationAgreement • September 2nd, 2015 • Bob Evans Farms Inc • Retail-eating places • Ohio
THIS AGREEMENT REGARDING FINANCIAL COVENANT CALCULATION (the "Agreement"), is effective as of April 25, 2015 (the "Effective Date") and is made by and among BOB EVANS FARMS, LLC, an Ohio limited liability company ("Borrower"), GUARANTORS (as defined in the Credit Agreement), LENDERS (as defined in the Credit Agreement), and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent ("Administrative Agent"), with reference to that certain Amended and Restated Credit Agreement, dated as of January 2, 2014, as amended by that certain First Amendment to Amended and Restated Credit Agreement, dated as of July 23, 2014 and Second Amendment to Amended and Restated Credit Agreement, effective as of April 24, 2015 (as so amended, and as further amended, restated, modified or supplemented from time to time, the "Credit Agreement"), by and among Borrower, Guarantors, Lenders party thereto and Administrative Agent.
