0001193125-09-180247 Sample Contracts

FIRST AMENDMENT TO EMPLOYMENT, NON-COMPETITION AND PROPRIETARY RIGHTS AGREEMENT
And Proprietary Rights Agreement • August 24th, 2009 • Vitacost.com, Inc. • Retail-food stores

This First Amendment (“Amendment”) dated as of June 30, 2009 amends that certain Employment, Non-Competition and Proprietary Agreement (the “Agreement”) effective as of the 29th day of January, 2007, by and between VITACOST.COM, INC., a Delaware corporation (the “Company”), and IRA KERKER (the “Employee”). Capitalized terms used herein and not otherwise defined shall have the same meaning as set forth in the Agreement.

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FIRST AMENDMENT TO EMPLOYMENT, NON-COMPETITION AND PROPRIETARY RIGHTS AGREEMENT
And Proprietary Rights Agreement • August 24th, 2009 • Vitacost.com, Inc. • Retail-food stores

This First Amendment (“Amendment”) dated as of July 15, 2009 amends that certain Employment, Non-Competition and Proprietary Agreement (the “Agreement”) effective as of the July 15, 2008 by and between VITACOST.COM, INC., a Delaware corporation (the “Company”), and WAYNE GORSEK (the “Employee”). Capitalized terms used herein and not otherwise defined shall have the same meaning as set forth in the Agreement.

FIRST AMENDMENT TO EMPLOYMENT, NON-COMPETITION AND PROPRIETARY RIGHTS AGREEMENT
And Proprietary Rights Agreement • August 24th, 2009 • Vitacost.com, Inc. • Retail-food stores

This First Amendment (“Amendment”) dated as of June 30, 2009 amends that certain Employment, Non-Competition and Proprietary Agreement (the “Agreement”) effective as of the 1st day of April, 2007, by and between VITACOST.COM, INC., a Delaware corporation (the “Company”), and SONYA LAMBERT (the “Employee”). Capitalized terms used herein and not otherwise defined shall have the same meaning as set forth in the Agreement.

FIRST AMENDMENT TO EMPLOYMENT, NON-COMPETITION AND PROPRIETARY RIGHTS AGREEMENT
And Proprietary Rights Agreement • August 24th, 2009 • Vitacost.com, Inc. • Retail-food stores

This First Amendment (“Amendment”) dated as of June 30, 2009 amends that certain Employment, Non-Competition and Proprietary Agreement (the “Agreement”) effective as of the 16th day of September, 2008, by and between VITACOST.COM, INC., a Delaware corporation (the “Company”), and ROBERT HIRSCH (the “Employee”). Capitalized terms used herein and not otherwise defined shall have the same meaning as set forth in the Agreement.

MODIFIED AND RESTATED LOAN AND SECURITY AGREEMENT between VITACOST.COM INC. “Borrower” and WACHOVlA BANK, NATIONAL ASSOCIATION “Bank” Dated: July 30, 2008
Loan and Security Agreement • August 24th, 2009 • Vitacost.com, Inc. • Retail-food stores

THIS MODIFIED AND RESTATED LOAN AND SECURITY AGREEMENT (the “Agreement”), dated as of July 30, 2008 is between VITACOST.COM INC., a Delaware corporation (together with its successors and assigns, “Borrower”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Bank”) and modifies, restates and replaces that certain Loan Agreement, dated as of August 3, 2007, as amended, by and between Borrower and Bank.

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