AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • June 23rd, 2009 • Evans Bob Farms Inc • Retail-eating places • Ohio
This Amended and Restated Employment Agreement (“Agreement”) is entered into as of June 18, 2009, by and between Bob Evans Farms, Inc., a Delaware corporation (the “Company”), and Steven A. Davis (the “Executive”).
BOB EVANS FARMS, INC. [NAME OF PLAN] (the “Plan”) CEO LONG-TERM PERFORMANCE- BASED INCENTIVE AWARD PROGRAM Fiscal Year [YEAR] Performance Share Award AgreementBob Evans Farms • June 23rd, 2009 • Evans Bob Farms Inc • Retail-eating places • Ohio
In accordance with Section 5(a)(iv) of the Amended and Restated Employment Agreement by and between Bob Evans Farms, Inc. (the “Company”, “we”, “our” or “us”) and you, you are participating in a Long-Term Performance-Based Incentive Award Program (the “Program”). For fiscal year [YEAR] we are granting Performance Shares to you under the Program. “Performance Shares” have the same meaning as provided in [SECTION #] of the Plan. The Performance Shares will not vest unless you meet the Performance Objectives and Employment Conditions contained in this Fiscal Year [YEAR] Performance Share Award Agreement (this “Award Agreement”). Your participation is also subject to other terms and conditions described in the Plan and this Award Agreement.
BOB EVANS FARMS, INC. AND BEF HOLDING CO., INC. FIRST AMENDMENT TO NOTE PURCHASE AGREEMENT Dated as of January 15, 2005Note Purchase Agreement • June 23rd, 2009 • Evans Bob Farms Inc • Retail-eating places • New York
Reference is made to the Note Purchase Agreement dated as of July 28, 2004 (the “Note Purchase Agreement”) by and among Bob Evans Farms, Inc., a Delaware corporation (the “Company”), BEF Holding Co., Inc., a Delaware corporation (the “Issuer”), and each of the institutional investors party thereto, under and pursuant to which, among other things, the Issuer originally issued and sold (i) $30,000,000 aggregate principal amount of its 3.74% Senior Notes, Series A, due July 28, 2007 (the “Series A Notes”), (ii) $40,000,000 aggregate principal amount of its 4.61% Senior Notes, Series B, due July 28, 2010 (the “Series B Notes”), (iii) $95,000,000 aggregate principal amount of its 5.12% Senior Notes, Series C, due July 28, 2014 (the “Series C Notes”), and (iv) $25,000,000 aggregate principal amount of its 5.67% Senior Notes, Series D, due July 28, 2016 (the “Series D Notes,” and together with the Series A Notes, the Series B Notes and the Series C Notes, the “Notes”). Terms used but not othe
