Short-Term Incentive Plan, as the same may be amended from time to time. (i) Your Target Bonus for each of the calendar years during the Employment Term shall be 50% of Salary which may be prorated for any partial calendar year during the Employment Term.Employment Agreement • March 29th, 2001 • Blockbuster Inc • Services-video tape rental • Texas
EXHIBIT 10.3 TRANSITION SERVICES AGREEMENT DATED AS OF AUGUST 16, 1999 BY AND BETWEENTransition Services Agreement • November 15th, 1999 • Blockbuster Inc • Services-video tape rental • New York
ARTICLE II REGISTRATION RIGHTSRegistration Rights Agreement • July 30th, 1999 • Blockbuster Inc • Services-video tape rental • New York
AS BORROWER,Credit Agreement • July 2nd, 1999 • Blockbuster Inc • Services-video tape rental • New York
Exhibit 1.1 Blockbuster Inc. 24,800,000 Shares1 Class A Common Stock ($.01 par value) U.S. Underwriting Agreementu.s. Underwriting Agreement • August 3rd, 1999 • Blockbuster Inc • Services-video tape rental • New York
ARTICLE II REGISTRATION RIGHTSRegistration Rights Agreement • November 15th, 1999 • Blockbuster Inc • Services-video tape rental • New York
BLOCKBUSTER INC. as Issuer THE SUBSIDIARY GUARANTORS PARTIES HERETO 11.75% Senior Secured Notes due 2014 INDENTURE Dated as of October 1, 2009 U.S. BANK NATIONAL ASSOCIATION as TrusteeIndenture • October 5th, 2009 • Blockbuster Inc • Services-video tape rental • New York
INDENTURE, dated as of October 1, 2009 (this “Indenture”), among BLOCKBUSTER INC., a corporation duly organized and existing under the laws of the State of Delaware (the “Company”), certain subsidiaries of the Company from time to time parties hereto (the “Subsidiary Guarantors”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, the “Trustee”) and as collateral agent (in such capacity, the “Collateral Agent”).
October 13, 2000 Edward B. Stead 3704 Stratford Dallas, TX 75205 Dear Ed: Blockbuster Inc. ("Blockbuster"), 1201 Elm Street, Dallas, Texas 75270, agrees to employ you and you agree to accept employment with Blockbuster upon the following terms and...Employment Agreement • March 29th, 2002 • Blockbuster Inc • Services-video tape rental • Texas
Exhibit 10.8 REVENUE SHARING AGREEMENT THIS AGREEMENT (the "Agreement") is made the 25th day of August, 1998 (the "Effective Date"). BETWEEN: (1) BLOCKBUSTER VIDEOS, INC. whose principal place of business is at 1201 Elm Street, Dallas, Texas 75270...Revenue Sharing Agreement • July 30th, 1999 • Blockbuster Inc • Services-video tape rental • New York
December 16, 1996 Mark T. Gilman 10897 NW 9th Court Plantation, FL 33324 Dear Mark: Blockbuster Entertainment Group ("Blockbuster"), a business unit of Viacom Inc. ("Viacom"), currently having an address at One Blockbuster Plaza, Ft. Lauderdale,...Employment Agreement • March 24th, 2000 • Blockbuster Inc • Services-video tape rental • Florida
October 13, 2000 James Notarnicola 3514 Raintree Drive Flower Mound, TX 75028 Dear Jim: Blockbuster Inc. ("Blockbuster"), 1201 Elm Street, Dallas, Texas 75270, agrees to employ you and you agree to accept employment with Blockbuster upon the following...Employment Agreement • March 29th, 2002 • Blockbuster Inc • Services-video tape rental • Texas
January 5, 2009 Kevin Lewis Fort Worth, Texas 76123 Dear Kevin:Employment Agreement • March 16th, 2010 • Blockbuster Inc • Services-video tape rental • Texas
Blockbuster Inc. (“Blockbuster”), 1201 Elm Street, Dallas, Texas 75270, agrees to employ you and you agree to accept employment with Blockbuster upon the following terms and conditions (the “Agreement”):
EXHIBIT 10.2 RELEASE AND INDEMNIFICATION AGREEMENT DATED AS OF AUGUST 16, 1999Release and Indemnification Agreement • November 15th, 1999 • Blockbuster Inc • Services-video tape rental • New York
VIACOM December 1, 1998 Michael K. Roemer 4145 Shenandoah Dallas, TX 75205 Dear Michael: This is to confirm our understanding that your employment agreement dated as of June 1, 1998 shall be amended to change the last day of the employment term from...Employment Agreement • March 29th, 2001 • Blockbuster Inc • Services-video tape rental
This is to confirm our understanding that your employment agreement dated as of June 1, 1998 shall be amended to change the last day of the employment term from May 31, 2001 to May 31, 2002. Except as amended hereby, your employment agreement shall remain in full force and effect.
INDEMNITY AGREEMENTIndemnity Agreement • February 2nd, 2005 • Blockbuster Inc • Services-video tape rental • Delaware
This Indemnity Agreement (“Agreement”) is by and between Blockbuster Inc., a Delaware corporation (the “Company”), and (“Indemnitee”), and shall be effective as of December 8, 2004 (the date of its approval by the Board of Directors of the Company).
WITNESSETH:Credit Agreement • August 14th, 2000 • Blockbuster Inc • Services-video tape rental • New York
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • August 13th, 2010 • Blockbuster Inc • Services-video tape rental • Texas
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (“Agreement”) is entered into by and between BLOCKBUSTER INC. (“Blockbuster” or the “Company”), and THOMAS CASEY (“Executive”). Blockbuster and Executive may hereinafter be referred to jointly as the “Parties.”
AMONG VIACOM INC.Initial Public Offering and Split-Off Agreement • November 15th, 1999 • Blockbuster Inc • Services-video tape rental • New York
BLOCKBUSTER INC. Registration Rights Agreement November 15, 2005Registration Rights Agreement • March 15th, 2006 • Blockbuster Inc • Services-video tape rental • New York
Blockbuster Inc., a Delaware corporation (the “Company”), proposes to issue and sell to Citigroup Global Markets Inc. (“Citigroup”), J.P. Morgan Securities Inc. (“JPMorgan”) and Credit Suisse First Boston LLC (“CSFB” and together with Citigroup and JPMorgan, the “Initial Purchasers”), upon the terms and subject to the conditions set forth in a purchase agreement dated November 8, 2005 (the “Purchase Agreement”), up to 172,500 shares of 7 1/2 % Series A Cumulative Convertible Perpetual Preferred Stock (the “Preferred Stock”). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Purchase Agreement.
SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION REVOLVING CREDIT AGREEMENT Dated as of September 23, 2010 among BLOCKBUSTER INC., as a debtor and debtor- in-possession, as Borrower, THE OTHER CREDIT PARTIES SIGNATORY HERETO, as debtors and...Revolving Credit Agreement • November 12th, 2010 • Blockbuster Inc • Services-video tape rental • New York
This SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION REVOLVING CREDIT AGREEMENT, dated as of September 23, 2010 among BLOCKBUSTER INC., a Delaware corporation (“BBI”), as a debtor and debtor-in-possession (the “Borrower”), the SUBSIDIARIES OF THE BORROWER signatory hereto, as debtors and debtors-in-possession, and WILMINGTON TRUST FSB, a federal savings bank (in its individual capacity, “Wilmington”), for itself and as Agent for Lenders.
ContractCredit Agreement • November 8th, 2005 • Blockbuster Inc • Services-video tape rental • New York
THIRD AMENDMENT AND RESTATEMENT dated as of November 4, 2005 (this “Amendment”), to the CREDIT AGREEMENT dated as of August 20, 2004, as amended by the First Amendment dated as of May 4, 2005 and the Second Amendment and Waiver dated as of August 8, 2005 (as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among BLOCKBUSTER INC. (the “Borrower”), the lenders from time to time party thereto (the “Lenders”), and JPMORGAN CHASE BANK, N.A., as Administrative and Collateral Agent for such Lenders (in such capacities, the “Administrative Agent”).
ContractCollateral Trust Agreement • August 6th, 2010 • Blockbuster Inc • Services-video tape rental • Ontario
COLLATERAL TRUST AGREEMENT, dated as of March 31, 2010, among BLOCKBUSTER CANADA CO., a Nova Scotia company (the “Grantor”), each of the movie studios listed on the signature pages hereof or that becomes a party hereto pursuant to subsection 7.1 (each a “Studio” and collectively, the “Studios”) and Home Trust Company, as collateral trustee (the “Collateral Trustee”).
AMENDMENT NO. 2 TO THE AMENDED AND RESTATED INITIAL PUBLIC OFFERING AND SPLIT- OFF AGREEMENTInitial Public Offering and Split-Off Agreement • September 2nd, 2009 • Blockbuster Inc • Services-video tape rental • New York
AMENDMENT NO. 2 TO THE AMENDED AND RESTATED INITIAL PUBLIC OFFERING AND SPLIT-OFF AGREEMENT (this “Amendment”) between Blockbuster Inc., a Delaware corporation (“Blockbuster”), and Viacom Inc., a Delaware corporation (“New Viacom”).
Mark Gilman VIACOM Vista Point at The Valley 723 Cowboys Parkway #3065 Irving, Texas 75063 Dear Mark: This is to confirm our conversation last Thursday that the Company has agreed to provide the package of financial and other benefits set forth below....Employment Agreement • March 24th, 2000 • Blockbuster Inc • Services-video tape rental
GUARANTEE OF BLOCKBUSTER CANADA CO.Guarantee Agreement • August 6th, 2010 • Blockbuster Inc • Services-video tape rental
GUARANTEE AGREEMENT, dated as of March 31, 2010 (this “Guarantee”), is made by BLOCKBUSTER CANADA CO., a company organized and existing under the laws of Nova Scotia (“Guarantor”) in favor of Home Trust Company (the “Collateral Trustee”) for the benefit of certain movie studios (each a “Studio” and collectively, the “Studios”) beneficiaries of that certain Collateral Trust Agreement, of even date herewith (the “Collateral Trust Agreement”), among Guarantor, the Studios and the Collateral Trustee.
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • July 7th, 2010 • Blockbuster Inc • Services-video tape rental • Texas
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (“Agreement”) is entered into by and between BLOCKBUSTER INC. (“Blockbuster” or the “Company”), and JAMES W. KEYES (“Executive”). Blockbuster and Executive may hereinafter be referred to jointly as the “Parties.”
GUARANTEE AND COLLATERAL AGREEMENT dated as of August 20, 2004 among BLOCKBUSTER INC., THE SUBSIDIARIES OF BLOCKBUSTER INC. IDENTIFIED HEREIN and JPMORGAN CHASE BANK, as Collateral AgentGuarantee and Collateral Agreement • September 8th, 2004 • Blockbuster Inc • Services-video tape rental • New York
GUARANTEE AND COLLATERAL AGREEMENT dated as of August 20, 2004, among BLOCKBUSTER INC., the Subsidiaries of BLOCKBUSTER INC. identified herein and JPMORGAN CHASE BANK, as Collateral Agent.
FORBEARANCE AGREEMENTForbearance Agreement • August 18th, 2010 • Blockbuster Inc • Services-video tape rental • New York
This Forbearance Agreement (this “Agreement”), dated as of August 12, 2010, by and among Blockbuster Inc. (the “Issuer”), each of the undersigned entities listed as guarantors (collectively, the “Guarantors”), and each of the undersigned holders of the Notes (as defined below) (collectively, together with any other holder of Notes who agrees to be bound by this Agreement, the “Forbearing Holders”).
As of June 15, 2000 Blockbuster Inc. 1201 Elm Street Dallas, Texas 75270 Viacom Inc. 1515 Broadway New York, New York 10036 Ladies and Gentlemen: The parties hereto have previously entered into the CREDIT AGREEMENT (the "Credit Agreement"), dated as...Credit Agreement • November 14th, 2000 • Blockbuster Inc • Services-video tape rental
PLAN SUPPORT AGREEMENTPlan Support Agreement • September 24th, 2010 • Blockbuster Inc • Services-video tape rental • New York
PLAN SUPPORT AGREEMENT (this “Plan Support Agreement”), dated as of September 22, 2010, by and among (i) Blockbuster Inc., a Delaware corporation (“BBI”), on behalf of itself and each of its United States domestic subsidiaries (collectively, the “Company”) that are guarantors to the Indenture (as defined below); and (ii) the undersigned, each as a beneficial owner (or advisor, nominee or investment manager for beneficial owner(s), the “Consenting Noteholders”) of those 11.75% Senior Secured Notes due 2014 (the “Senior Secured Notes”) issued by BBI pursuant to that certain indenture dated as of October 1, 2009 among BBI, as Issuer, the Subsidiary Guarantors party thereto, and U.S. Bank, National Association as trustee (the “Trustee”), (as amended and supplemented, the “Indenture”). The Consenting Noteholders, the Company and each other person that becomes a party hereto in accordance with the terms hereof shall be referred to herein individually as a “Party” and, collectively, as the “P
EXHIBIT 10.5 TAX MATTERS AGREEMENT --------------------- THIS TAX MATTERS AGREEMENT (the "Agreement"), dated as of August 16, 1999 (the "IPO Date"), is entered into between Viacom Inc., a Delaware corporation ("Viacom"), and Blockbuster Inc., a...Tax Matters Agreement • November 15th, 1999 • Blockbuster Inc • Services-video tape rental • New York
June 18, 2004Employment Agreement • August 9th, 2004 • Blockbuster Inc • Services-video tape rental • Texas
Blockbuster Inc. (“Blockbuster”), having an address at 1201 Elm Street, Dallas, Texas 75270, agrees to employ you and you agree to accept such employment upon the following terms and conditions:
SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN JOHN F. ANTIOCO AND BLOCKBUSTER INC.Settlement Agreement • March 20th, 2007 • Blockbuster Inc • Services-video tape rental • Texas
John F. Antioco (“Antioco”) and Blockbuster Inc., a Delaware corporation (the “Company”), enter into this settlement agreement. Antioco and the Company are collectively referred to as the “Parties.”
ContractCredit Agreement • April 24th, 2007 • Blockbuster Inc • Services-video tape rental • New York
FIRST AMENDMENT dated as of April 10, 2007 (this “Amendment”) to the Credit Agreement dated as of August 20, 2004, as amended and restated as of November 4, 2005 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among BLOCKBUSTER INC. (the “Borrower”), the Lenders from time to time parties thereto and JPMORGAN CHASE BANK, N.A., as administrative agent and collateral agent for such Lenders (in such capacity, the “Administrative Agent”).
OMNIBUS REALLOCATION AGREEMENT October 28, 2010Omnibus Reallocation Agreement • November 12th, 2010 • Blockbuster Inc • Services-video tape rental • New York
Reference is hereby made to the Senior Secured, Super-Priority Debtor-in-Possession Revolving Credit Agreement, dated as of September 23, 2010 (the “Credit Agreement”), among Blockbuster Inc., a Delaware corporation (“BBI”), as a debtor and debtor-in-possession (the “Borrower”), the subsidiaries of the Borrower signatory thereto, as debtors and debtors-in-possession, the lenders from time to time party thereto (the “Lenders”), and Wilmington Trust FSB, a federal savings bank (in its individual capacity, “Wilmington”), for itself and as agent for Lenders (the “Agent”). Capitalized terms used and not otherwise defined in this Omnibus Reallocation Agreement (this “Agreement”) shall have the meanings ascribed to such terms in the Credit Agreement.
