WAIVER AND AMENDMENT TO THE EMPLOYMENT AGREEMENTThe Employment Agreement • March 18th, 2014 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores • Texas
This Waiver and Amendment to the Employment Agreement (“Agreement”) is made as of March 17, 2014, by and between Draw Another Circle, LLC, a Delaware limited liability company (“Parent”), Hastings Entertainment, Inc., a Texas corporation (the “Company”), and Philip McConnell (“Executive,” and together with Parent and the Company, the “Parties”). Concurrently with the execution and delivery of this Agreement, the Parties are entering into that certain Agreement and Plan of Merger (the “Merger Agreement”), pursuant to which Hendrix Acquisition Corp., a Texas corporation and a wholly owned subsidiary of Parent, is to be merged (the “Merger”) with and into the Company with the Company surviving the Merger (the “Surviving Corporation”) on the terms and subject to the conditions set forth in the Merger Agreement. Certain capitalized terms used herein and not defined herein shall have the meanings given to them in the Merger Agreement.
March 17, 2014 Draw Another Circle, LLCLetter Agreement • March 18th, 2014 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores • Delaware
GUARANTYGuaranty • March 18th, 2014 • Hastings Entertainment Inc • Retail-record & prerecorded tape stores • Texas
THIS GUARANTY, dated as of March 17, 2014 (this “Guaranty”), is entered into by Joel Weinshanker (the “Guarantor”) in favor of Hastings Entertainment, Inc., a Texas corporation (the “Company”). Capitalized terms used herein and not otherwise defined shall have the respective meanings assigned to such terms in the Merger Agreement (as defined below).
