MASTER LEASE AGREEMENT between BE PORTFOLIO, LLC, a Delaware limited liability company and BOB EVANS FARMS, LLC, an Ohio limited liability company Dated April 14, 2016Master Lease Agreement • June 23rd, 2016 • Bob Evans Farms Inc • Retail-eating places • Ohio
THIS MASTER LEASE AGREEMENT (this “Lease”) is made as of April 14, 2016 (the “Effective Date”), by and between BE PORTFOLIO, LLC, a Delaware limited liability company (“Landlord”), whose address is c/o Mesirow Realty Sale-Leaseback, Inc., 353 N. Clark Street, Chicago, Illonois 60654, and BOB EVANS FARMS, LLC, an Ohio limited liability company (“Tenant”), whose address is 8111 Smith’s Mill Road, New Albany, Ohio 43054. The obligations of Tenant under this Lease are guaranteed by BOB EVANS FARMS, INC., a Delaware corporation (“Parent”) and BEF FOODS, INC., an Ohio corporation (“BEF”) (Parent and BEF being collectively “Lease Guarantor”) pursuant to a Lease Guaranty of even date herewith (the “Lease Guaranty”). In consideration of the mutual covenants and agreements herein contained, Landlord and Tenant hereby covenant and agree as follows:
FORM OF LEASE GUARANTY (POOL #[__])Lease Guaranty • June 23rd, 2016 • Bob Evans Farms Inc • Retail-eating places • Ohio
THIS LEASE GUARANTY (this “Guaranty”) is made and given as of April 14, 2016, by BOB EVANS FARMS, INC., a Delaware corporation (“Parent”), and BEF FOODS, INC., an Ohio corporation (“BEF”) (Parent and BEF being collectively “Guarantors” and severally a “Guarantor”), in favor of NATIONAL RETAIL PROPERTIES TRUST, a Maryland real estate investment trust (“Landlord”). The liability of the Guarantors under this Guaranty shall be joint and several.
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA DEFINED CONTRIBUTION PROTOTYPE PLAN AND TRUST AGREEMENTPlan and Trust Agreement • June 23rd, 2016 • Bob Evans Farms Inc • Retail-eating places
BOB EVANS FARMS, INC. AND AFFILIATES FOURTH AMENDED AND RESTATED SUPPLEMENTAL EXECUTIVE RETIREMENT PLANBob Evans Farms Inc • June 23rd, 2016 • Retail-eating places • Ohio
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.
