Simmons Co /Ga/ Sample Contracts
1 Exhibit 10.33.1 SECOND AMENDMENT TO EMPLOYMENT AGREEMENT This Second Amendment (this "AMENDMENT") to that certain Employment Agreement dated as of June 29, 1998, as amended on July 16, 1998 (the "EMPLOYMENT AGREEMENT") by and between the Executive...Employment Agreement • August 7th, 2000 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • Delaware
Standard Contracts
INDENTUREIndenture • March 23rd, 2004 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • New York
EXHIBIT 10.35 SIMMONS COMPANY SIMMONS HOLDINGS, INC. ONE CONCOURSE PARKWAY, SUITE 600 ATLANTA, GEORGIA 30328 October 11, 2001 Mr. Robert K. Barton 5285 Brooke Lake Drive Dunwoody, Georgia 30338 Dear Ken: This letter confirms your agreement with...Severance Agreement • March 29th, 2002 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • Georgia
1 EXHIBIT 10.20 PHASE V ------- LEASE BEAVER RUIN BUSINESS CENTER - PHASE V THIS LEASE, made this 19th day of October, 1994, by and between ST. PAUL ---- ------- PROPERTIES, INC., a Delaware corporation, (hereinafter referred to as "Landlord") and...Lease Agreement • April 21st, 1999 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • Georgia
W I T N E S S E T HSupplemental Indenture • January 3rd, 2006 • Simmons Bedding Co • Wood household furniture, (no upholstered) • New York
RECITALSStock Option Agreement • April 21st, 1999 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • New York
1 Exhibit 4.3 SECURITIES PURCHASE AGREEMENT Dated as of October 29, 1998Securities Purchase Agreement • April 21st, 1999 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • New York
LOAN AGREEMENT BetweenLoan Agreement • April 21st, 1999 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • Illinois
1 Exhibit 10.1.2 FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE (this "Amendment"), made and entered into as of the _____ day of July, 2000, by and between CONCOURSE I, LTD., a Georgia limited partnership ("Landlord"), and SIMMONS COMPANY, a...Lease Agreement • November 8th, 2000 • Simmons Co /Ga/ • Wood household furniture, (no upholstered)
Exhibit 2.1 AGREEMENT AND PLAN OF MERGERMerger Agreement • April 21st, 1999 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • New York
EXHIBIT 3.24 SIMMONS CAPITAL MANAGEMENT, LLC OPERATING AGREEMENT Dated as of December 6, 2001 TABLE OF CONTENTSOperating Agreement • March 23rd, 2004 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • Nevada
RECITALSStockholders Agreement • November 9th, 1999 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • Delaware
AMENDMENT NO. 1 TOAgreement and Plan of Merger • April 21st, 1999 • Simmons Co /Ga/ • Wood household furniture, (no upholstered)
EXHIBIT 3.14 SIMMONS CONTRACT SALES, LLC LIMITED LIABILITY COMPANY AGREEMENT Dated as of December 6, 2001 TABLE OF CONTENTSLimited Liability Company Agreement • March 23rd, 2004 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • Delaware
This Separation Agreement and General Release ("Agreement") is made as of this 7th day of January, 2000, between SIMMONS COMPANY ("Company"), a Delaware corporation, and Martin R. Passaglia ("Employee"), a resident of Duluth, GA. RECITALS --------Separation Agreement • March 24th, 2000 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • Georgia
1 Exhibit 10.36Employment Agreement • March 24th, 2000 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • Georgia
ANDRegistration Rights Agreement • April 21st, 1999 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • New York
AMONGStock Purchase Agreement • March 23rd, 2004 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • New York
EXHIBIT 10.33 Simmons Company $150,000,000, 10 1/4% Senior Subordinated Notes due 2009 Purchase Agreement ------------------ Goldman, Sachs & Co., Warburg Dillon Read LLC Fleet Securities, Inc. U.S. Bancorp Libra, a division of U.S. Bancorp...Purchase Agreement • June 14th, 1999 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • New York
SECTION I. EMPLOYMENT ----------Employment Agreement • June 14th, 1999 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • Delaware
ARTICLE IIMerger Agreement • March 23rd, 2004 • Simmons Co /Ga/ • Wood household furniture, (no upholstered)
1 Exhibit 10.26 ESCROW AGREEMENT THIS ESCROW AGREEMENT (this "AGREEMENT"), dated as of October 29, 1998 (the "CLOSING DATE"), is by and among Simmons Holdings, Inc., a Delaware corporation ("HOLDINGS"), Simmons Company, a Delaware corporation (the...Escrow Agreement • April 21st, 1999 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • Massachusetts
WITNESSETH:Employment Agreement • March 23rd, 2004 • Simmons Co /Ga/ • Wood household furniture, (no upholstered)
1 Exhibit 10.8 ADVISORY AGREEMENT This Advisory Agreement (this "Agreement") is entered into as of the 29th day of October, 1998 by and between Simmons Holdings, Inc., a Delaware corporation (the "Holdings"), Simmons Company, a Delaware corporation...Advisory Agreement • April 21st, 1999 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • New York
EXHIBIT 10.1 RESTRICTED STOCK AGREEMENT This Restricted Stock Agreement (this "Agreement") is made as of this 9th day of September, 2005 (the "Effective Date") between Simmons Company, a Delaware corporation (the "Company"), and the undersigned...Restricted Stock Agreement • October 20th, 2005 • Simmons Bedding Co • Wood household furniture, (no upholstered) • Delaware
EXHIBIT 10.30Employment Agreement • March 23rd, 2004 • Simmons Co /Ga/ • Wood household furniture, (no upholstered)
1 Exhibit 10.5 1998 STOCKHOLDERS' AGREEMENT AGREEMENT, dated as of October 29, 1998 (this "Agreement"), by and among Simmons Holdings, Inc., a Delaware corporation ("Holdings"), Simmons Holdings, LLC, a Delaware limited liability company ("Simmons...Stockholders' Agreement • April 21st, 1999 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • Delaware
EXHIBIT 10.2 August 3, 2005 Stephen G. Fendrich [Address] Dear Steve: In consideration of your agreement to accept the position as Executive Vice President - Sales for Simmons, we would like to offer you a two year severance benefit in return for your...Severance Agreement • August 12th, 2005 • Simmons Bedding Co • Wood household furniture, (no upholstered)
1 Exhibit 10.41 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT is made as of June 16, 2000 (the "EFFECTIVE DATE") between Simmons Company, a Delaware corporation (the "COMPANY"), and Robert Hellyer (the "EXECUTIVE"). WHEREAS, the Executive is...Employment Agreement • August 7th, 2000 • Simmons Co /Ga/ • Wood household furniture, (no upholstered)
LEASE AGREEMENT --------------- CONCOURSE I -----------Lease Agreement • November 8th, 2000 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • Georgia
LOAN AGREEMENTLoan Agreement • June 14th, 1999 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • Puerto Rico
EXHIBIT 10.20 MANAGEMENT AGREEMENT This Management Agreement (this "AGREEMENT") is entered into as of the 19th day of December, 2003, by and between Simmons Company, a Delaware corporation (the "COMPANY"), and THL Managers V, LLC, a Delaware limited...Management Agreement • March 23rd, 2004 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • Massachusetts
1 Exhibit 10.40.1 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT This First Amendment (this "AMENDMENT") to that certain Employment Agreement dated as of April 1, 2000 (the "EMPLOYMENT AGREEMENT") by and between the Executive and the Company is entered into...Employment Agreement • August 7th, 2000 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • Georgia
1 Exhibit 10.28 EMPLOYMENT AGREEMENT -------------------- AGREEMENT by and between Simmons Company, a Delaware corporation (the "Company") and Zenon S. Nie (the "Executive"), dated as of the 15th day of November, 1993. 1. EMPLOYMENT PERIOD. The...Employment Agreement • June 14th, 1999 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • New York
EXCHANGE AGENT AGREEMENTExchange Agent Agreement • April 21st, 1999 • Simmons Co /Ga/ • Wood household furniture, (no upholstered) • New York