FORM OF CHANGE OF CONTROL AGREEMENT FOR CHIEF OPERATING OFFICER, CHIEF FINANCIAL OFFICER AND OTHER KEY EMPLOYEES [AMENDED AND RESTATED] CHANGE OF CONTROL AGREEMENTChange of Control Agreement • November 14th, 2013 • Summer Infant, Inc. • Miscellaneous manufacturing industries • Rhode Island
This [Amended and Restated] Change of Control Agreement (the “Agreement”), is dated this day of November, 2013 and shall be effective as of November 1, 2013 (the “Effective Date”), is entered into by and between Summer Infant (USA), Inc., a Rhode Island corporation (the “Company”), and the Employee of the Company named on the signature page hereto (the “Employee”). [Effective as of the date hereof, this Agreement will supersede in all respects the Change of Control Agreement employment agreement between the Company and the Employee dated [ ].]
AMENDMENT NO. 1 TO TERM LOAN AGREEMENTTerm Loan Agreement • November 14th, 2013 • Summer Infant, Inc. • Miscellaneous manufacturing industries • New York
This AMENDMENT NO. 1 TO TERM LOAN AGREEMENT (this “Amendment”) is dated as of November 8, 2013 by and among SUMMER INFANT, INC. and SUMMER INFANT (USA), INC., as “Borrowers” under the Loan Agreement referenced below (“Borrowers”), SUMMER INFANT CANADA, LIMITED and SUMMER INFANT EUROPE LIMITED, as “Guarantors” under the Loan Agreement referenced below (“Guarantors”), the “Lenders” part to the Loan Agreement referenced below (“Lenders”), and SALUS CAPITAL PARTNERS, LLC, in its capacity as “Agent” for the Lenders under the Loan Agreement referenced below (“Agent”).
AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 14th, 2013 • Summer Infant, Inc. • Miscellaneous manufacturing industries • New York
This AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated as of April 10, 2013 by and among SUMMER INFANT, INC. and SUMMER INFANT (USA), INC., as “Borrowers” under the Loan Agreement referenced below (“Borrowers”), SUMMER INFANT CANADA, LIMITED and SUMMER INFANT EUROPE LIMITED, as “Guarantors” under the Loan Agreement referenced below (“Guarantors”), BANK OF AMERICA, N.A., in its capacity as the sole existing “Lender” under the Loan Agreement referenced below (“Existing Lender”), and BANK OF AMERICA, N.A., in its capacity as “Agent” for the Lenders under the Loan Agreement referenced below (“Agent”).
AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 14th, 2013 • Summer Infant, Inc. • Miscellaneous manufacturing industries • New York
This AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated as of November 8, 2013 by and among SUMMER INFANT, INC. and SUMMER INFANT (USA), INC., as “Borrowers” under the Loan Agreement referenced below (“Borrowers”), SUMMER INFANT CANADA, LIMITED and SUMMER INFANT EUROPE LIMITED, as “Guarantors” under the Loan Agreement referenced below (“Guarantors”), the “Lenders” party to the Loan Agreement referenced below (“Lenders”), and BANK OF AMERICA, N.A., in its capacity as “Agent” for the Lenders under the Loan Agreement referenced below (“Agent”).
