Exhibit 10.4 A.C. MOORE ARTS & CRAFTS, INC. FORM OF OPTION AGREEMENT AGREEMENT made the ____________, between A.C. MOORE ARTS & CRAFTS, INC. (the "Company"), a Pennsylvania corporation having a principal place of business in Berlin, New Jersey and...Option Agreement • August 27th, 2004 • A C Moore Arts & Crafts Inc • Retail-hobby, toy & game shops • Pennsylvania
Contract Type FiledAugust 27th, 2004 Company Industry Jurisdiction
A.C. MOORE ARTS & CRAFTS, INC. INCENTIVE STOCK OPTION AGREEMENT AGREEMENT made _____________, 1997, between A.C. MOORE ARTS & CRAFTS, INC. (the "Company"), a Pennsylvania corporation having a principal place of business in Blackwood, New Jersey and...Stock Option Agreement • September 16th, 1997 • A C Moore Arts & Crafts Inc • Retail-retail stores, nec • Pennsylvania
Contract Type FiledSeptember 16th, 1997 Company Industry Jurisdiction
EXHIBIT 10.3 LOAN AGREEMENT BETWEENLoan Agreement • March 26th, 1998 • A C Moore Arts & Crafts Inc • Retail-retail stores, nec • New York
Contract Type FiledMarch 26th, 1998 Company Industry Jurisdiction
by and among A.C. MOORE INCORPORATED, as BorrowerSecurity Agreement • August 13th, 2001 • A C Moore Arts & Crafts Inc • Retail-hobby, toy & game shops • New York
Contract Type FiledAugust 13th, 2001 Company Industry Jurisdiction
EXHIBIT 10.7Lease • March 25th, 1999 • A C Moore Arts & Crafts Inc • Retail-retail stores, nec
Contract Type FiledMarch 25th, 1999 Company Industry
2,932,500 Shares* Common Stock (no par value)Underwriting Agreement • February 21st, 2002 • A C Moore Arts & Crafts Inc • Retail-hobby, toy & game shops • Massachusetts
Contract Type FiledFebruary 21st, 2002 Company Industry Jurisdiction
A.C. MOORE ARTS & CRAFTS, INC. INCENTIVE STOCK OPTION AGREEMENT AGREEMENT made _____________, 1997, between A.C. MOORE ARTS & CRAFTS, INC. (the "Company"), a Pennsylvania corporation having a principal place of business in Blackwood, New Jersey and...Stock Option Agreement • August 5th, 1997 • A C Moore Arts & Crafts Inc • Pennsylvania
Contract Type FiledAugust 5th, 1997 Company Jurisdiction
LOAN AGREEMENT BETWEENLoan Agreement • August 5th, 1997 • A C Moore Arts & Crafts Inc • New York
Contract Type FiledAugust 5th, 1997 Company Jurisdiction
EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement") is made this 11th day of June, 2001, by and between Lawrence H. Fine (the "Executive") and A.C. Moore, Inc., a Delaware corporation (the "Company"). WHEREAS, the Executive possesses...Employment Agreement • August 13th, 2001 • A C Moore Arts & Crafts Inc • Retail-hobby, toy & game shops • New Jersey
Contract Type FiledAugust 13th, 2001 Company Industry Jurisdiction
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 27th, 2009 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops • New York
Contract Type FiledMay 27th, 2009 Company Industry JurisdictionThis Securities Purchase Agreement (this “Agreement”) is dated as of May 27, 2009, between A.C. Moore Arts & Crafts, Inc., a Pennsylvania corporation (the “Company”), and Glenhill Special Opportunities Master Fund LLC, a Delaware limited liability company (the “Purchaser”).
Exhibit 10.1 EMPLOYMENT AGREEMENT THIS AGREEMENT is signed September 6, 2006 to be effective as of September 13, 2006, or earlier after the signature date hereof as permitted by Executive's current employer (the "Effective Date"), between A. C. Moore...Employment Agreement • September 6th, 2006 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops • New Jersey
Contract Type FiledSeptember 6th, 2006 Company Industry Jurisdiction
UNDERWRITING AGREEMENTA C Moore Arts & Crafts Inc • October 7th, 1997 • Retail-retail stores, nec • Maryland
Company FiledOctober 7th, 1997 Industry Jurisdiction
Exhibit 10.2 A. C. MOORE ARTS & CRAFTS, INC. FORM OF OPTION AGREEMENT AGREEMENT made ________, between A.C. MOORE ARTS & CRAFTS, INC. (the "Company"), a Pennsylvania corporation having a principal place of business in Berlin, New Jersey and Rick...Option Agreement • June 7th, 2006 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops • Pennsylvania
Contract Type FiledJune 7th, 2006 Company Industry Jurisdiction
BACKGROUND:Tax Indemnification Agreement • August 5th, 1997 • A C Moore Arts & Crafts Inc • New Jersey
Contract Type FiledAugust 5th, 1997 Company Jurisdiction
among A.C. MOORE INCORPORATED, as BorrowerCredit Agreement • August 13th, 2001 • A C Moore Arts & Crafts Inc • Retail-hobby, toy & game shops • New York
Contract Type FiledAugust 13th, 2001 Company Industry Jurisdiction
Exhibit 10.1 EMPLOYMENT AGREEMENT THIS AGREEMENT is effective as of June 1, 2006 between A. C. Moore Arts & Crafts, Inc., a Pennsylvania corporation (the "Company"), and Rick Lepley ("Executive"). This Agreement replaces and supersedes any and all...Employment Agreement • June 7th, 2006 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops • New Jersey
Contract Type FiledJune 7th, 2006 Company Industry Jurisdiction
A.C. MOORE INC. AGREEMENT THIS AGREEMENT is made this 4th day of June, 2001 by and between ---------------------Agreement • August 13th, 2001 • A C Moore Arts & Crafts Inc • Retail-hobby, toy & game shops
Contract Type FiledAugust 13th, 2001 Company Industry
CREDIT AGREEMENT Dated as of January 15, 2009 among A.C. MOORE INCORPORATED, as the Lead Borrower and THE OTHER BORROWERS PARTY HERETO and THE GUARANTORS PARTY HERETO and WELLS FARGO RETAIL FINANCE, LLC, as Administrative Agent, Collateral Agent and...Credit Agreement • August 13th, 2009 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops • New York
Contract Type FiledAugust 13th, 2009 Company Industry JurisdictionThe Borrowers have requested that the Lenders provide a revolving credit facility, and the Lenders have indicated their willingness to lend, in each case on the terms and conditions set forth herein.
AMENDMENT TO SHAREHOLDERS LOAN AGREEMENT This Amendment to Shareholders Loan Agreement, dated July 22, 1997 by and among A.C. Moore Incorporated (the "Company"), William Kaplan ("Kaplan"), and John E. Parker ("Parker", together with Kaplan referred to...Shareholders Loan Agreement • September 16th, 1997 • A C Moore Arts & Crafts Inc • Retail-retail stores, nec
Contract Type FiledSeptember 16th, 1997 Company Industry
SECURITY AGREEMENTSecurity Agreement • January 22nd, 2009 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops • New York
Contract Type FiledJanuary 22nd, 2009 Company Industry JurisdictionSECURITY AGREEMENT (this “Agreement”), dated as of January 15, 2009, by and among (a) each of the Persons listed on Schedule I hereto (each such Person, individually, a “Borrower” and, collectively, the “Borrowers”), (b) each of the Persons listed on Schedule II hereto (each such Person, individually, a “Guarantor” and, collectively, the “Guarantors”) (the Borrowers and the Guarantors are hereinafter referred to, individually, as a “Grantor” and, collectively with any other Person now or hereafter party hereto, as the “Grantors”), and (c) WELLS FARGO RETAIL FINANCE, LLC, a Delaware limited liability company, as collateral agent (in such capacity, the “Collateral Agent”) for its own benefit and the benefit of the other Credit Parties (as defined in the Credit Agreement referred to below), in consideration of the mutual covenants contained herein and benefits to be derived herefrom.
AMENDED AND RESTATED EMPLOYMENT LETTEREmployment Letter • August 25th, 2010 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops
Contract Type FiledAugust 25th, 2010 Company IndustryThis AMENDED AND RESTATED EMPLOYMENT LETTER, dated as of August 19, 2010 (the “Employment Letter”), is between A.C. Moore Arts & Crafts, Inc., a Pennsylvania corporation (“Company”), and Joseph A. Jeffries (“Executive”) and amends and restates in entirety the Amended and Restated Employment Letter between Company and Executive dated August 10, 2009.
ARTICLE 1 DEMISED PREMISES - USE OF DEMISED PREMISSES TERM OF LEASE - COMPLETION OF IMPROVEMENTSIndenture of Lease • September 16th, 1997 • A C Moore Arts & Crafts Inc • Retail-retail stores, nec • New Jersey
Contract Type FiledSeptember 16th, 1997 Company Industry Jurisdiction
Exhibit 10.1 AGREEMENT AND COMPLETE AND FULL GENERAL RELEASE Janet Parker ("Executive") and A.C. Moore Arts & Crafts, Inc., a Pennsylvania corporation (the "Company"), have agreed to conclude their employment relationship. The parties have agreed...Agreement and Complete And • July 31st, 2006 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops
Contract Type FiledJuly 31st, 2006 Company Industry
Exhibit 10.2 A.C. MOORE ARTS & CRAFTS, INC. FORM OF NON-QUALIFIED OPTION AGREEMENT AGREEMENT made the _______________, between A.C. MOORE ARTS & CRAFTS, INC. (the "Company"), a Pennsylvania corporation having a principal place of business in Berlin,...Qualified Option Agreement • September 6th, 2006 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops • Pennsylvania
Contract Type FiledSeptember 6th, 2006 Company Industry Jurisdiction
GUARANTYGuaranty • January 22nd, 2009 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops • New York
Contract Type FiledJanuary 22nd, 2009 Company Industry JurisdictionWHEREAS, reference is made to that certain Credit Agreement, dated as of January 15, 2009 (as amended, modified, supplemented or restated and in effect from time to time, the “Credit Agreement”), by and among (i) A.C. Moore Incorporated, a Virginia corporation (the “Lead Borrower”), as agent for the Borrowers from time to time party thereto (individually, a “Borrower” and, collectively with the Lead Borrower, the “Borrowers”), (ii) the Borrowers, (iii) the Guarantors, (iv) the Lenders from time to time party thereto (individually, a “Lender” and, collectively, the “Lenders”), and (v) Wells Fargo Retail Finance, LLC, as Administrative Agent, Collateral Agent and Swing Line Lender, pursuant to which the Lenders have agreed to make Loans to the Borrowers upon the terms and subject to the conditions specified in the Credit Agreement. Capitalized terms used herein and not defined herein shall have the meanings assigned to such terms in the Credit Agreement.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 27th, 2009 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops
Contract Type FiledMay 27th, 2009 Company IndustryThis Agreement is made pursuant to the Securities Purchase Agreement, dated as of the date hereof, between the Company and the Purchaser (the “Purchase Agreement”).
RECITALSAgreement • March 13th, 2006 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops
Contract Type FiledMarch 13th, 2006 Company Industry
THIRD AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 13th, 2009 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops
Contract Type FiledMarch 13th, 2009 Company IndustryTHIRD AMENDMENT, dated as of December 3, 2008 (this “Third Amendment”) to EMPLOYMENT AGREEMENT, dated as of June 1, 2006 as amended by FIRST AMENDMENT TO EMPLOYMENT AGREEMENT dated November 15, 2006 and by SECOND AMENDMENT TO EMPLOYMENT AGREEMENT dated November 19, 2007 (as heretofore amended, the “Employment Agreement”) between A. C. Moore Arts & Crafts, Inc., a Pennsylvania corporation (“Company”), and Rick Lepley (“Executive”). Capitalized terms used herein and not defined herein shall have the respective meanings set forth for such terms in the Employment Agreement.
AMENDMENT ONE TO EMPLOYMENT LETTEREmployment Letter • March 18th, 2010 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops
Contract Type FiledMarch 18th, 2010 Company IndustryTHIS AMENDMENT ONE TO EMPLOYMENT LETTER (“Amendment”) is made as of the 16th day of March, 2010, by and between A.C. Moore Arts & Crafts, Inc., a Pennsylvania corporation (the “Company”), and David Abelman (“Executive”).
Separation AgreementSeparation Agreement • July 20th, 2007 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops
Contract Type FiledJuly 20th, 2007 Company IndustryThis Separation Agreement is between Lawrence H. Fine (“Executive”) and A.C. Moore Arts & Crafts, Inc. (the “Company”) (collectively the “Parties”) (the “Agreement”).
RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • June 8th, 2007 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops • Pennsylvania
Contract Type FiledJune 8th, 2007 Company Industry Jurisdiction
PROMISSORY NOTE AND LOAN MODIFICATION AGREEMENTNote and Loan Modification Agreement • January 30th, 2008 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops
Contract Type FiledJanuary 30th, 2008 Company IndustryBank is the holder of the following notes: (i) a Promissory Note (the “$35MM Note”) executed and delivered by Borrower, dated October 28, 2003, as subsequently amended by a Promissory Note and Loan Modification Agreement, dated February 22, 2006, Promissory Note and Loan Modification Agreement, dated May 1, 2006, and Promissory Note and Loan Modification Agreement, dated March 12, 2007 (ii) a Promissory Note (the “$22.5MM Note”) executed and delivered by Borrower, dated October 28, 2003, as subsequently amended by Promissory Note and Loan Modification Agreement, dated May 1, 2006, and Promissory Note and Loan Modification Agreement, dated March 12, 2007 (iii) a Promissory Note (the “$7.5MM Note”; executed and delivered by Borrower, dated October 28, 2003, as subsequently amended by a Promissory Note and Loan Modification Agreement, dated May 1, 2006, and Promissory Note and Loan Modification Agreement, dated March 12, 2007, and certain other loan documents, including without limitation
October 18, 2011A.C. Moore Arts & Crafts, Inc. • October 18th, 2011 • Retail-hobby, toy & game shops
Company FiledOctober 18th, 2011 IndustryOn behalf of the Board of Directors of A.C. Moore Arts & Crafts, Inc. (“A.C. Moore”), I am pleased to inform you that on October 3, 2011, A.C. Moore entered into a definitive Agreement and Plan of Merger, as amended as of October 17, 2011 (the “Merger Agreement”), with Nicole Crafts LLC, a Delaware limited liability company (“Parent”), and Sbar’s Acquisition Corporation, a Pennsylvania corporation and a wholly-owned subsidiary of Parent (“Merger Sub”). Parent and Merger Sub are each affiliates of Sbar’s, Inc., a New Jersey corporation and long-time supplier to A.C. Moore. Pursuant to the terms of the Merger Agreement, Merger Sub commenced a tender offer on October 18, 2011 to purchase all of the outstanding shares of A.C. Moore’s common stock for $1.60 per share in cash, without interest thereon and subject to required tax withholdings. Following the completion of the tender offer, Merger Sub will merge with and into A.C. Moore, with A.C. Moore continuing as the surviving corporation i
SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • November 21st, 2007 • A.C. Moore Arts & Crafts, Inc. • Retail-hobby, toy & game shops
Contract Type FiledNovember 21st, 2007 Company IndustrySECOND AMENDMENT, dated as of November 19, 2007 (this “Amendment”) to EMPLOYMENT AGREEMENT, dated as of July 24, 2006, as amended by FIRST AMENDMENT TO EMPLOYMENT AGREEMENT dated as of November 15, 2006 (as heretofore amended, collectively, the “Employment Agreement”) between A. C. Moore Arts & Crafts, Inc., a Pennsylvania corporation (“Company”), and Amy Rhoades (“Executive”). Capitalized terms used herein and not defined herein shall have the respective meanings set forth for such terms in the Employment Agreement.
Exhibit 10.3 PREPARED BY: John W. Verlaque, Esquire RETURN TO: Post-Closing, PA4354 Wachovia Bank, National Association Commercial Loan Services 123 South Broad Street, MBO, 9th Floor Philadelphia, Pennsylvania 19109 MORTGAGE, ASSIGNMENT OF RENTS AND...A C Moore Arts & Crafts Inc • November 14th, 2003 • Retail-hobby, toy & game shops
Company FiledNovember 14th, 2003 Industry