FUTURE REPORTS TO THE REPRESENTATIVES............... 13 SECTION 4. PAYMENT OF EXPENSES.......................... 14 SECTION 5. CONDITIONS OF THE OBLIGATIONS OF THE UNDERWRITERS................................. 14 ACCOUNTANTS' COMFORT...Underwriting Agreement • January 3rd, 1997 • Coldwater Creek Inc • Retail-catalog & mail-order houses • New York
RECITALSLease Agreement • July 14th, 1998 • Coldwater Creek Inc • Retail-catalog & mail-order houses • West Virginia
LEASE AGREEMENT (COMMERCIAL)Lease Agreement • November 22nd, 1996 • Coldwater Creek Inc
ARTICLE I CERTAIN DEFINITIONSLoan Agreement • May 30th, 1997 • Coldwater Creek Inc • Retail-catalog & mail-order houses • Idaho
And: U.S. BANK OF IDAHO, FORMERLY KNOWN AS ("LENDER") WEST ONE BANK, IDAHO ARTICLE I LOAN AGREEMENTLoan Agreement • November 22nd, 1996 • Coldwater Creek Inc • Idaho
COLDWATER CREEK, INC.Stock Issuance Agreement • July 21st, 1997 • Coldwater Creek Inc • Retail-catalog & mail-order houses • Idaho
COMMERCIAL LEASE BY THIS AGREEMENT, made this _____ day of January, 1995, between Cedar Street Bridge Co., an Idaho limited partnership, and Sandpoint Real Estate Development Partnership, an Idaho limited partnership, for itself and as successor to...Commercial Lease • November 22nd, 1996 • Coldwater Creek Inc • Idaho
COLDWATER CREEK INC. STOCK OPTION AGREEMENTStock Option Agreement • July 21st, 1997 • Coldwater Creek Inc • Retail-catalog & mail-order houses • Idaho
LEASELease • November 22nd, 1996 • Coldwater Creek Inc
COLDWATER CREEK INC. AUTOMATIC STOCK OPTION AGREEMENTAutomatic Stock Option Agreement • July 21st, 1997 • Coldwater Creek Inc • Retail-catalog & mail-order houses • Idaho
SECURED LOAN AGREEMENT (WITH RECOURSE) For the mutual considerations contained herein, Coldwater Creek, Inc. (hereinafter "Employer") and _____________________ (hereinafter "Employee") do hereby make the following loan agreement, wherein Employer is...Secured Loan Agreement • October 14th, 1997 • Coldwater Creek Inc • Retail-catalog & mail-order houses
ADDENDUM TO STOCK OPTION AGREEMENTStock Option Agreement • July 21st, 1997 • Coldwater Creek Inc • Retail-catalog & mail-order houses
RECITALS:Indemnification Agreement • November 22nd, 1996 • Coldwater Creek Inc • Delaware
ADDENDUM TO STOCK OPTION AGREEMENTStock Option Agreement • July 21st, 1997 • Coldwater Creek Inc • Retail-catalog & mail-order houses
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of May 16, 2011 among COLDWATER CREEK U.S. INC., as the Lead Borrower and THE OTHER BORROWERS PARTY HERETO and THE GUARANTORS PARTY HERETO and WELLS FARGO BANK, NATIONAL ASSOCIATION (as successor by...Credit Agreement • September 2nd, 2011 • Coldwater Creek Inc • Retail-women's clothing stores • New York
The Borrowers and the Guarantors have entered into a certain Credit Agreement dated as of February 13, 2009 (as amended and in effect, on and prior to the date hereof, the “Existing Credit Agreement”) among such Borrowers and Guarantors, the Lenders party thereto and Wells Fargo Bank, National Association (as successor by merger to Wells Fargo Retail Finance, LLC), as Administrative Agent and Collateral Agent.
AMONG COLDWATER CREEK INC. AND THE BANKS NAMED HEREIN AND FIRST SECURITY BANK, N.A., AS AGENTCredit Agreement • July 14th, 1998 • Coldwater Creek Inc • Retail-catalog & mail-order houses • Idaho
26,500,000 Shares(1) COLDWATER CREEK INC. Common Stock PURCHASE AGREEMENTPurchase Agreement • October 19th, 2011 • Coldwater Creek Inc • Retail-women's clothing stores • New York
Coldwater Creek Inc., a Delaware corporation (the “Company”), proposes to sell to Piper Jaffray & Co. (the “Underwriter”) an aggregate of 26,500,000 shares (the “Firm Shares”) of common stock, par value $0.01 per share (the “Common Stock”), of the Company. The Company has also granted to the Underwriter an option to purchase up to 3,975,000 additional shares of Common Stock, on the terms and for the purposes set forth in Section 3 hereof (the “Option Shares”). The Firm Shares and any Option Shares purchased pursuant to this Agreement are herein collectively called the “Securities.”
FUTURE REPORTS TO THE REPRESENTATIVES............... 13 SECTION 4. PAYMENT OF EXPENSES.......................... 14 SECTION 5. CONDITIONS OF THE OBLIGATIONS OF THE UNDERWRITERS................................. 14 ACCOUNTANTS' COMFORT...Underwriting Agreement • January 17th, 1997 • Coldwater Creek Inc • Retail-catalog & mail-order houses • New York
AGREEMENTAgreement • July 15th, 1997 • Coldwater Creek Inc • Retail-catalog & mail-order houses • Delaware
JEROME M. JESSUP EMPLOYMENT AGREEMENTEmployment Agreement • December 7th, 2010 • Coldwater Creek Inc • Retail-women's clothing stores • Idaho
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is dated as of August 3, 2009, by and between Coldwater Creek Inc., a Delaware corporation (the “Company”), and Jerome M. Jessup (the “Executive”).
COLDWATER CREEK INC. 3,120,000 Shares Common Stock UNDERWRITING AGREEMENT dated [ , 2004] Banc of America Securities LLC Morgan Stanley & Co. Incorporated RBC Capital Corporation Underwriting AgreementUnderwriting Agreement • May 18th, 2004 • Coldwater Creek Inc • Retail-catalog & mail-order houses • New York
BANC OF AMERICA SECURITIES LLC MORGAN STANLEY & CO. INCORPORATED RBC DAIN RAUSCHER INC. As Representatives of the several Underwriters c/o BANC OF AMERICA SECURITIES LLC 9 West 57th Street New York, NY 10019
SEVERANCE AND CHANGE OF CONTROL AGREEMENTSeverance and Change of Control Agreement • December 16th, 2013 • Coldwater Creek Inc • Retail-women's clothing stores • Idaho
This Severance and Change of Control Agreement (this “Agreement”), is made and entered into by and between Mark Haley (the “Executive”) and COLDWATER CREEK Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Section 1 below.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 13th, 2012 • Coldwater Creek Inc • Retail-women's clothing stores • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is entered into as of July 9, 2012, by and between Coldwater Creek Inc., a Delaware corporation (the “Company”), and CC Holdings of Delaware, LLC — Series A, a Delaware limited liability company (“Investor”).
AMENDED AND RESTATED INDEMNIFICATION AGREEMENTIndemnification Agreement • April 12th, 2004 • Coldwater Creek Inc • Retail-catalog & mail-order houses • Delaware
THIS AMENDED AND RESTATED INDEMNIFICATION AGREEMENT (the "Agreement") dated as of January 1, 2004, is made by and between Coldwater Creek Inc., a Delaware corporation (the "Corporation"), and the undersigned member of the Board of Directors, officer, employee or agent of the Corporation ("Indemnitee").
COLDWATER CREEK INC. SEVERANCE AND CHANGE OF CONTROL AGREEMENTSeverance and Change of Control Agreement • July 2nd, 2013 • Coldwater Creek Inc • Retail-women's clothing stores • Idaho
This Severance and Change of Control Agreement (this “Agreement”), is made and entered into by and between Mark Haley (the “Executive”) and COLDWATER CREEK Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Section 1 below.
INDEMNIFICATION AGREEMENTIndemnification Agreement • February 2nd, 2012 • Coldwater Creek Inc • Retail-women's clothing stores • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”), dated as of , 20 , is made by and between Coldwater Creek Inc., a Delaware corporation (the “Corporation”), and (“Indemnitee”).
SECOND AMENDMENT TOCredit Agreement • April 21st, 2008 • Coldwater Creek Inc • Retail-women's clothing stores • Idaho
Now, therefore, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows:
LIMITED WAIVER AND FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • July 13th, 2012 • Coldwater Creek Inc • Retail-women's clothing stores • New York
The Borrowers and the Guarantors have entered into a certain Credit Agreement dated as of February 13, 2009 (as amended and in effect, on and prior to the date hereof, the “Existing Credit Agreement”) among such Borrowers and Guarantors, the Lenders party thereto and Wells Fargo Bank, National Association (as successor by merger to Wells Fargo Retail Finance, LLC), as Administrative Agent and Collateral Agent.
CREDIT CARD PROGRAM AGREEMENT by and between COLDWATER CREEK U.S. INC. and COMENITY BANKCredit Card Program Agreement • September 12th, 2013 • Coldwater Creek Inc • Retail-women's clothing stores • Delaware
This Credit Card Program Agreement is made as of the 26th day of July, 2013, by and between Coldwater Creek U.S. Inc., a Delaware corporation (the “Company”) and Comenity Bank, a bank organized under the laws of the State of Delaware (the “Bank”).
TERM LOAN AGREEMENT Dated as of July 9, 2012 among COLDWATER CREEK U.S. INC., as the Lead Borrower, and THE OTHER BORROWERS PARTY HERETO and THE GUARANTORS PARTY HERETO and CC HOLDINGS AGENCY CORP., as Administrative Agent and Collateral Agent, and...Term Loan Agreement • July 13th, 2012 • Coldwater Creek Inc • Retail-women's clothing stores • New York
The Borrowers have requested that the Lenders provide a term loan facility, and the Lenders have indicated their willingness to lend on the terms and conditions set forth herein.
SEPARATION AND RELEASE AGREEMENTSeparation and Release Agreement • April 13th, 2006 • Coldwater Creek Inc • Retail-women's clothing stores • Idaho
THIS SEPARATION AND RELEASE AGREEMENT (hereinafter referred to as “Agreement”) is made and entered into by DUANE A. HUESERS (hereinafter referred to as “Huesers”), and COLDWATER CREEK INC., its successors, assigns, subsidiaries, related companies, directors, officers, owners, shareholders, managers, employees, agents, insurers, attorneys, accountants, affiliates, benefit plans, benefit administrators and providers, and control persons (hereinafter collectively referred to as “CWC” except as otherwise specifically noted).
RETENTION COMPENSATION AGREEMENTRetention Compensation Agreement • April 25th, 2003 • Coldwater Creek Inc • Retail-catalog & mail-order houses
In consideration of the mutual desire of Coldwater Creek, Inc. (“CWC”) and (“Employee”) to provide for certain retention compensation incentives in their employment relationship, the parties agree to the terms and conditions herein.
AGREEMENT FOR DISTRIBUTION OF RETAINED EARNINGS AND TAX INDEMNIFICATIONDistribution Agreement • November 22nd, 1996 • Coldwater Creek Inc • Delaware
Coldwater Creek Inc. One Coldwater Creek Drive Sandpoint, Idaho 83864Consulting Agreement • June 3rd, 2005 • Coldwater Creek Inc • Retail-women's clothing stores • Idaho
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 25th, 2011 • Coldwater Creek Inc • Retail-women's clothing stores
This Second Amendment to Credit Agreement (this “Second Amendment”) is made as of the 18th day of January, 2011 by and among Coldwater Creek U.S. Inc., a Delaware corporation, for itself and as Lead Borrower (in such capacity, the “Lead Borrower”) for the Borrowers party hereto (individually, a “Borrower” and, collectively, the “Borrowers”), (ii) the Borrowers party hereto, (iii) the Guarantors party hereto, (iv) Wells Fargo Bank, National Association (successor by merger to Wells Fargo Retail Finance, LLC), as administrative agent (in such capacity, the “Administrative Agent”) for its own benefit and the benefit of the other Credit Parties, and (v) Wells Fargo Bank, National Association, as collateral agent (in such capacity, the “Collateral Agent”) for its own benefit and the benefit of the other Credit Parties, in consideration of the mutual covenants herein contained and benefits to be derived herefrom. All capitalized terms used herein and not otherwise defined shall have the same
