Severance Agreement and Release (December 2nd, 2004)
This SEVERANCE AGREEMENT AND RELEASE (this Agreement) is made between (i) Alan E. Kessock (Kessock) and (ii) Ultimate Electronics, Inc. (the Company). Kessock and the Company are referred to collectively as the Parties and individually as a Party.
Consulting Agreement (December 2nd, 2004)
This CONSULTING AGREEMENT (Agreement) is made effective November 5, 2004, by and between ULTIMATE ELECTRONICS, INC., a Delaware corporation with its principal place of business at 321 West 84th Avenue, Suite A. Thornton, Colorado (Ultimate), and ALAN E. KESSOCK (Consultant).
Third Amended and Restated Loan and Security Agreement (April 16th, 2004)
THIS THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Agreement"), is entered into as of April 2, 2004, between and among, on the one hand, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a "Lender" and collectively as the "Lenders"), including, without limitation, WELLS FARGO RETAIL FINANCE, LLC, a Delaware limited liability company ("WFRF"), and WFRF as the arranger and administrative agent for the Lenders and any other holder of Obligations referred to below ("Agent"), and, on the other hand, ULTIMATE ELECTRONICS, INC., a Delaware corporation ("Parent"), and each of Parent's Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with Parent, are referred to hereinafter each individually as a "Borrower", and individually and collectively, jointly and severally, as the "Borrowers", as governed by the provisions of Section
Exclusive Endorsement Agreement (December 16th, 2002)
This Exclusive Endorsement Agreement (this "Agreement") is made effective as of September 1, 2002, by and between Ultimate Electronics, Inc., a Delaware corporation (the "Company"), and David J. Workman ("Workman"), for the promotional services of Workman as specified below.
Second Amendment to Second Amended and Restated Loan and Security Agreement (March 26th, 2002)
This SECOND AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (the "Amendment") is made and entered into on this 7th day of March, 2002, to be effective as of December 31, 2001 (the "Effective Date"), by and among ULTIMATE ELECTRONICS, INC., a Delaware corporation ("Ultimate"), ULTIMATE INTANGIBLES CORP., a Colorado corporation ("Intangibles"), ULTIMATE LEASING CORP., a Colorado corporation ("Leasing"), FAST TRAK, INC., a Minnesota corporation ("Fast Trak"), ULTIMATE ELECTRONICS PARTNERS CORP., a Colorado corporation ("Electronics"), ULTIMATE ELECTRONICS LEASING LP, a Texas limited partnership ("UEL"), and ULTIMATE ELECTRONICS TEXAS LP, a Texas limited partnership ("UET") (Ultimate, Intangibles, Leasing, Fast Trak, Electronics, UEL and UET being hereinafter referred individually referred to as "Borrower" and collectively referred to as the "Borrowers"), WELLS FARGO RETAIL FINANCE, LLC, a Delaware limited liability company ("WFRF"), as the arranger and administrative