CREDIT AGREEMENT dated as of September 22, 2003, among BRODER BROS., CO., as Borrower, THE GUARANTORS PARTY HERETO, as Guarantors, THE LENDERS PARTY HERETO and BANK ONE, NA, as Syndication Agent, FLEET CAPITAL CORPORATION, GENERAL ELECTRIC CAPITAL...Credit Agreement • October 28th, 2003 • Broder Bros Co • New York
This CREDIT AGREEMENT (this “Agreement”) dated as of September 22, 2003, among BRODER BROS., CO., a Michigan corporation (“Borrower”), the Subsidiary Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), the Lenders, BANK ONE, NA, as syndication agent (in such capacity, “Syndication Agent”), FLEET CAPITAL CORPORATION, as a co-documentation agent (in such capacity, a “Co-Documentation Agent”), STANDARD FEDERAL BANK N.A., as a co-documentation agent (in such capacity, a “Co-Documentation Agent”), GENERAL ELECTRIC CAPITAL CORPORATION, as a co-documentation agent (in such capacity, a “Co-Documentation Agent”), UBS SECURITIES LLC, as lead arranger (in such capacity, “Arranger”), UBS AG, CAYMAN ISLANDS BRANCH, as swingline lender (in such capacity, “Swingline Lender”), UBS AG, STAMFORD BRANCH, as issuing bank (in such capacity, “Issuing Bank”) and as administrative agent (in such capacity, “Administrative Agent”) for t
BRODER BROS., CO. and each of the Guarantors named herein 11.25% SENIOR NOTES DUE 2010Supplemental Indenture • October 28th, 2003 • Broder Bros Co • New York
INDENTURE dated as of September 22, 2003 by and among Broder Bros., Co., a Michigan corporation (the “Company”), the Guarantors named on the signature pages hereto and Wachovia Bank, National Association, a national banking association, as trustee (the “Trustee”).
BRODER BROS., INC. EMPLOYMENT AGREEMENTEmployment Agreement • August 2nd, 2011 • Broder Bros., Co. • Wholesale-apparel, piece goods & notions • Michigan
AMENDED AND RESTATED CREDIT AGREEMENT dated as of August 31, 2006, among BRODER BROS., CO., as THE LEAD BORROWER FOR THE BORROWERS NAMED HEREIN THE GUARANTORS PARTY HERETO, as Guarantors, THE LENDERS PARTY HERETO and BANK OF AMERICA, N.A. as...Credit Agreement • November 14th, 2006 • Broder Bros Co • Wholesale-apparel, piece goods & notions • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of August 31, 2006, among BRODER BROS., CO., a Michigan corporation (in such capacity, the “Lead Borrower”), the Borrowers (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I) and Subsidiary Guarantors, the Lenders, BANC OF AMERICA SECURITIES LLC, as sole lead arranger and bookrunner (in such capacity, “Arranger”), BANK OF AMERICA, N.A., as administrative agent and collateral agent for the Secured Parties, Swingline Lender and Issuing Bank, JPMorgan Chase Bank, N.A., as Syndication Agent (the “Syndication Agent”), and Comerica Bank, General Electric Capital Corporation and LaSalle Bank Midwest, as Co-Documentation Agents (the “Co-Documentation Agents”).
EXECUTIVE STOCK AGREEMENTExecutive Stock Agreement • October 28th, 2003 • Broder Bros Co • Michigan
EXECUTIVE STOCK AGREEMENT (this “Agreement”) dated as of May 3, 2000, by and between Broder Bros., Co., a Michigan corporation (the “Company”) and Vince Tyra (“Executive”).
BRODER BROS., CO. EMPLOYMENT AGREEMENTEmployment Agreement • May 22nd, 2009 • Broder Bros Co • Wholesale-apparel, piece goods & notions • Michigan
THIS EMPLOYMENT AGREEMENT is effective as of May 12, 2009 between Broder Bros., Co., a Michigan corporation (the “Company”), and Christopher Blakeslee (“Executive”).
DEFERRED COMPENSATION AGREEMENTDeferred Compensation Agreement • October 28th, 2003 • Broder Bros Co • Michigan
THIS DEFERRED COMPENSATION AGREEMENT (this “Agreement”) is made and entered into as of May 3, 2000, by and among Vince Tyra (the “Executive”), Broder Bros., Co., a Michigan corporation (the “Company”). Any capitalized terms used herein and not otherwise defined shall have the meaning assigned to them in Section 5 hereof.
BRODER BROS., CO. PURCHASE AGREEMENTPurchase Agreement • November 24th, 2004 • Broder Bros Co • Wholesale-apparel, piece goods & notions • New York
As described in the Offering Memorandum, all of the net proceeds from the issuance and sale of the Series A Notes will be used to repay approximately $49 million of existing indebtedness under the credit agreement by and among the Company, the guarantors party thereto, the lenders party thereto and UBS AG Stamford Branch, as administrative agent, dated as of September 22, 2003 (the “Credit Agreement”) and to pay transaction fees and expenses.
EMPLOYMENT AGREEMENTEmployment Agreement • October 28th, 2003 • Broder Bros Co • Michigan
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of May 3, 2000, between Broder Bros., Co., a Michigan corporation (the “Company”), and Vince Tyra (“Executive”).
A/B EXCHANGE REGISTRATION RIGHTS AGREEMENT Dated as of November 23, 2004 by and among Broder Bros., Co. ASHI, Inc. TSM Acquisition Co. and UBS Securities LLCRegistration Rights Agreement • November 24th, 2004 • Broder Bros Co • Wholesale-apparel, piece goods & notions • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of November 23, 2004, by and among Broder Bros., Co., a Michigan corporation (the “Company”), ASHI, Inc., a Delaware corporation, and TSM Acquisition Co., a Delaware corporation (each a Guarantor, and collectively the “Guarantors”), and UBS Securities LLC (the “Initial Purchaser”), who has agreed to purchase the Company’s 11.25% Series A Senior Notes due October 15, 2010 (the “Series A Notes”) pursuant to the Purchase Agreement (as defined below).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 7th, 2004 • Broder Bros Co • Wholesale-apparel, piece goods & notions • Delaware
THIS SECURITIES PURCHASE AGREEMENT, dated as of August 31, 2004 (this “Agreement”), is made by and among Broder Bros., Co., a Michigan corporation (the “Company”) and the Persons set forth on the “Schedule of Purchasers” attached hereto (hereinafter referred to collectively as the “Purchasers” and individually as a “Purchaser”). The Purchasers will purchase, severally and not jointly, the number of shares of stock and warrants listed on the Schedule of Purchasers attached hereto. Except as otherwise indicated, capitalized terms used herein are defined in Section 6 hereof.
WARRANT AGREEMENT by and among BRODER BROS., CO. and THE PERSONS LISTED ON SCHEDULE I ATTACHED HERETO May 20, 2009Warrant Agreement • August 2nd, 2011 • Broder Bros., Co. • Wholesale-apparel, piece goods & notions • Delaware
This WARRANT AGREEMENT (this “Agreement”) is dated as of May 20, 2009, by and among Broder Bros., Co., a Delaware corporation (the “Company”), and each of the parties set forth on Schedule I attached hereto.
SEVERANCE AND FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • May 15th, 2007 • Broder Bros Co • Wholesale-apparel, piece goods & notions • Michigan
THIS SEVERANCE AND FIRST AMENDMENT TO EMPLOYMENT AGREEMENT is entered into as of March 1, 2007, by and between David J. Hollister (“Hollister”) and Broder Bros., Co., a Michigan corporation (the “Company”). The Company and Hollister are sometimes collectively referred to herein as the “Parties” and individually as a “Party”. Capitalized terms not otherwise defined in this Agreement which are defined in the Employment Agreement (as defined below) shall have the meanings set forth therein.
AGREEMENT AND PLAN OF MERGER BY AND AMONG NES CLOTHING COMPANY HOLDINGS TRUST, THE SHAREHOLDERS OF NES CLOTHING COMPANY HOLDINGS TRUST, NES ACQUISITION CORP. AND (solely with respect to Sections 2.9, 9.1 and 9.16) BRODER BROS., CO. DATED AS OF AUGUST...Agreement and Plan of Merger • September 7th, 2004 • Broder Bros Co • Wholesale-apparel, piece goods & notions • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of August 30, 2004, by and among NES Clothing Company Holdings Trust, a Massachusetts Business Trust (the “Company”), Ronald J. Nathan (“Nathan”), Michael J. Rosow and the Rosow Family Children’s Trust (each a “Shareholder” and collectively, the “Shareholders”), NES Acquisition Corp., a Delaware corporation (“Merger Corp.”) and, solely with respect to Sections 2.9, 9.1 and 9.16, Broder Bros., Co., a Michigan corporation (“Broder”). Capitalized terms used in this Agreement without definition shall have the meanings given to such terms in Article 1 hereof.
THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 22nd, 2009 • Broder Bros Co • Wholesale-apparel, piece goods & notions • New York
WHEREAS, the Borrowers, the Guarantors, the Lenders, the Administrative Agent, and the Collateral Agent, among others, have entered into that certain Amended and Restated Credit Agreement dated as of August 31, 2006 (as amended, restated, modified or supplemented and in effect, the “Credit Agreement”); and
BRODER BROS., CO. 45555 Port Street Plymouth, Michigan 48170Broder Bros Co • October 28th, 2003
The following letter sets forth the agreement of you and Broder Bros., Co. (the “Company”) with regard to your continued employment with the Company following the acquisition by the Company of Alpha Shirt Holdings, Inc. and its subsidiaries (“Alpha”). In connection with the closing of the acquisition of Alpha (the “Closing”), the parties have agreed to the following:
FIRST SUPPLEMENTAL INDENTURESupplemental Indenture • March 25th, 2005 • Broder Bros Co • Wholesale-apparel, piece goods & notions • New York
SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of September 30, 2004, among NES Clothing Company Holdings Trust (“NES”), a subsidiary of Broder Bros., Co. (or its permitted successor), a Michigan corporation (the “Company”), Aprons Unlimited, Inc., a subsidiary of NES (“Aprons” and, together with NES, the “Guaranteeing Subsidiaries”) the Company and Wachovia Bank, National Association, as trustee under the indenture referred to below (the “Trustee”).
FIRST AMENDMENT, WAIVER AND CONSENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 22nd, 2009 • Broder Bros Co • Wholesale-apparel, piece goods & notions • New York
FIRST AMENDMENT, WAIVER AND CONSENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of April 9, 2009 by and among
AMENDED AND RESTATED SHAREHOLDERS AGREEMENTAmended and Restated Shareholders Agreement • October 28th, 2003 • Broder Bros Co • Michigan
THIS AMENDED AND RESTATED SHAREHOLDERS AGREEMENT (this “Agreement”) is made and entered into as of September 22, 2003, and is effective as of the Effective Date (as defined below), by and among Broder Bros., Co., a Michigan corporation (the “Company”), each of the Persons listed on Schedule I attached hereto (the “Bain Fund VI Shareholders”), each of the Persons listed on Schedule II attached hereto (each such Person a “Management Shareholder” and collectively, the “Management Shareholders”) and each of the Persons listed on Schedule III attached hereto (the “Bain Fund VII Shareholders” and together with the Bain Fund VI Shareholders, the “Bain Group Shareholders”). The Bain Group Shareholders and the Management Shareholders are collectively referred to herein as the “Shareholders,” and each as a “Shareholder”). Unless otherwise indicated herein, capitalized terms used herein are defined in paragraph 9 hereof.
SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 13, 2010, among BRODER BROS., CO., as THE LEAD BORROWER FOR THE BORROWERS NAMED HEREIN THE GUARANTORS PARTY HERETO, as Guarantors, THE LENDERS PARTY HERETO and BANK OF AMERICA, N.A. as...Credit Agreement • August 2nd, 2011 • Broder Bros., Co. • Wholesale-apparel, piece goods & notions • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of October 13, 2010, among BRODER BROS., CO., a Delaware corporation (in such capacity, the “Lead Borrower”), the Borrowers party hereto (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), the Subsidiary Guarantors party hereto, the Lenders party hereto from time to time, BANK OF AMERICA, N.A., as Administrative Agent for the Lenders and the other Secured Parties, Swingline Lender and Issuing Bank, WELLS FARGO CAPITAL FINANCE, LLC, as Syndication Agent (the “Syndication Agent”), and BANK OF AMERICA, N.A. and GENERAL ELECTRIC CAPITAL CORPORATION, as Co-Collateral Agents (the “Co-Collateral Agents”).
AMENDED AND RESTATED REGISTRATION AGREEMENTRegistration Agreement • October 28th, 2003 • Broder Bros Co • Illinois
THIS AMENDED AND RESTATED REGISTRATION AGREEMENT (this “Agreement”) is made and entered into as of September 22, 2003, and is effective as of the Effective Date (as defined below), by and among Broder Bros., Co., a Michigan corporation (the “Company”), each of the Persons listed on Schedule I attached hereto (the “Bain Fund VI Shareholders”), each of the Persons listed on Schedule II attached hereto (each such Person a “Management Shareholder” and collectively, the “Management Shareholders”) and each of the Persons listed on Schedule III attached hereto (the “Bain Fund VII Shareholders” and together with the Bain Fund VI Shareholders, the “Bain Group Shareholders”). The Bain Group Shareholders and the Management Shareholders are collectively referred to herein as the “Shareholders,” and each as a “Shareholder”. Unless otherwise indicated herein, capitalized terms used herein are defined in paragraph 9 hereof.
SEVERANCE AND FIRST AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 16th, 2006 • Broder Bros Co • Wholesale-apparel, piece goods & notions • Michigan
THIS SEVERANCE AND FIRST AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT is entered into as of March 10, 2006, by and between Vincent Tyra (“Tyra”) and Broder Bros., Co., a Michigan corporation (the “Company”). The Company and Tyra are sometimes collectively referred to herein as the “Parties” and individually as a “Party”. Capitalized terms not otherwise defined in this Agreement which are defined in the Employment Agreement (as defined below) shall have the meanings set forth therein.
STOCK PURCHASE AGREEMENT by and among BRODER BROS., CO. (“Buyer”) and THE STOCKHOLDERS AND OPTION HOLDERS OF ALPHA SHIRT HOLDINGS, INC. (“Sellers”) and FNL MANAGEMENT CORP. (“Sellers’ Representative”) July 12, 2003Stock Purchase Agreement • October 28th, 2003 • Broder Bros Co • New York
THIS STOCK PURCHASE AGREEMENT (“Agreement”) is entered into as of the 12th day of July, 2003, by and among Broder Bros., Co., a Michigan corporation, as purchaser (“Buyer”), each of the Persons identified on Schedule 4.2 (each, a “Seller,” and collectively, the “Sellers”) and FNL Management Corp., an Ohio corporation, as Sellers’ Representative (as defined herein).
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 2nd, 2011 • Broder Bros., Co. • Wholesale-apparel, piece goods & notions • New York
BRODER BROS., CO., a Delaware corporation, as Lead Borrower for the Borrowers named herein (in such capacity, the “Lead Borrower”);
SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 22nd, 2009 • Broder Bros Co • Wholesale-apparel, piece goods & notions • New York
WHEREAS, the Borrowers, the Guarantors, the Lenders, the Administrative Agent, and the Collateral Agent, among others, have entered into that certain Amended and Restated Credit Agreement dated as of August 31, 2006 (as amended, restated, modified or supplemented and in effect, the “Credit Agreement”); and
AMENDED AND RESTATED ADVISORY AGREEMENTAmended and Restated Advisory Agreement • October 28th, 2003 • Broder Bros Co • New York
This Amended and Restated Advisory Agreement (this “Agreement”) is made and entered into as of September 22, 2003 by and between Broder Bros., Co., a Michigan corporation (the “Company”), and Bain Capital, LLC, a Delaware limited liability company (“Bain”).
SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 2nd, 2011 • Broder Bros., Co. • Wholesale-apparel, piece goods & notions • New York
BRODER BROS., CO., a Delaware corporation, as Lead Borrower for the Borrowers named herein (in such capacity, the “Lead Borrower”);
BRODER BROS., CO. EMPLOYMENT AGREEMENTEmployment Agreement • March 28th, 2008 • Broder Bros Co • Wholesale-apparel, piece goods & notions • Michigan
THIS EMPLOYMENT AGREEMENT is effective as of December 26, 2007 between Broder Bros., Co., a Michigan corporation (the “Company”), and Girisha Chandraraj (“Executive”).
WARRANT AGREEMENTWarrant Agreement • October 28th, 2003 • Broder Bros Co • New York
This WARRANT AGREEMENT (the “Agreement”) is dated as of May 3, 2000, by and among the purchasers set forth on Schedule I hereto (collectively, the “Purchasers”), and Broder Bros., Co., a Michigan corporation (the “Company”). Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in Section 5A hereof.
Amendment No. 2 to Stock Purchase AgreementStock Purchase Agreement • October 28th, 2003 • Broder Bros Co
This Amendment No.2 (“Amendment No.2”) to that certain Stock Purchase Agreement dated as of July 12, 2003, as so amended by that certain Amendment No. 1 to the Purchase Agreement dated as of July 24, 2003 (the “Purchase Agreement”), by and among Broder Bros., Co., a Michigan corporation (“Buyer”), the stockholders and option holders of Alpha Shirt Holdings, Inc. (“Sellers”) and FNL Management Corporation, an Ohio corporation, as Sellers’ Representative (“Sellers’ Representative”), is entered into as of September 19, 2003.
AMENDMENT NO. 1 TO STOCK PURCHASE AGREEMENTStock Purchase Agreement • October 28th, 2003 • Broder Bros Co
This Amendment No. 1 (“Amendment No.l”) to that certain Stock Purchase Agreement dated as of July 12, 2003 (the “Purchase Agreement”) by and among Broder Bros., Co., a Michigan corporation (“Buyer”), the stockholders and option holders of Alpha Shirt Holdings, Inc. (“Sellers”) and FNL Management Corporation, an Ohio corporation, as Sellers’ Representative (“Sellers’ Representative”) is entered into as of July 24, 2003.
