EMPLOYMENT AGREEMENTEmployment Agreement • April 26th, 2013 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • New York
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made as of March 12, 2012, by and between Burlington Coat Factory Warehouse Corporation, a Delaware corporation (the “Company”), and Paul Metcalf (“Executive”).
AMENDED AND RESTATED CREDIT AGREEMENT dated as of January 15, 2010 BURLINGTON COAT FACTORY WAREHOUSE CORPORATION The Lead Borrower For THE BORROWERS NAMED HEREIN THE FACILITY GUARANTORS PARTY HERETO BANK OF AMERICA, N.A. As Administrative Agent and...Credit Agreement • January 19th, 2010 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • New York
AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENTEmployment Agreement • April 26th, 2013 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • New York
This AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT (this “Amendment”) is made as of December 31, 2012, by Burlington Coat Factory Warehouse Corporation, a Delaware corporation (the “Company”) and Todd Weyhrich (“Executive”).
BURLINGTON COAT FACTORY HOLDINGS, INC. NON-COMPETITION AND CONFIDENTIALITY AGREEMENTNon-Competition and Confidentiality Agreement • October 10th, 2006 • Burlington Coat Factory Investments Holdings, Inc. • New York
THIS AGREEMENT is made as of April 13, 2006 between Burlington Coat Factory Holdings, Inc., a Delaware corporation (the “Company”), and Monroe Milstein (“Seller”). For purposes of this Agreement, unless the context requires otherwise, the term “Company” shall include all subsidiaries of the Company, including, without limitation, Burlington Coat Factory Warehouse Corporation, a Delaware corporation (“BlueBlazer”) and its subsidiaries.
Burlington Coat Factory Holdings, Inc. THIS AWARD AND ANY SECURITIES ISSUED UPON EXERCISE OF THIS OPTION ARE SUBJECT TO RESTRICTIONS ON VOTING AND TRANSFER AND REQUIREMENTS OF SALE AND OTHER PROVISIONS AS SET FORTH HEREIN AND IN THE STOCKHOLDERS...Non-Qualified Stock Option Agreement • April 30th, 2009 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores
This agreement evidences a stock option granted by Burlington Coat Factory Holdings, Inc., a Delaware corporation (the “Company”), to the undersigned (the “Employee”), pursuant to, and subject to the terms of the Burlington Coat Factory Holdings, Inc. 2006 Management Incentive Plan (the “Plan”), which is incorporated herein by reference and of which the Employee hereby acknowledges receipt. For the purpose of this Agreement, the “Grant Date” shall mean _______, 200_. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Plan.
AMENDED AND RESTATED ADVISORY AGREEMENTAdvisory Agreement • April 26th, 2013 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • New York
This Amended and Restated Advisory Agreement (this “Agreement”) is made and entered into as of February 14, 2013, by and among Burlington Holdings, Inc., a Delaware corporation (“Parent”), Burlington Coat Factory Holdings, Inc., a Delaware corporation (“BCFH”), Burlington Coat Factory Warehouse Corporation, a Delaware corporation (the “Company”) and Bain Capital Partners, LLC, a Delaware limited liability company (“Bain”). Certain defined terms that are used but not otherwise defined herein have the meanings given to such terms in Section 18.
May 27, 2008 Bear, Stearns Corporate Lending Inc., as Collateral AgentSupplement to Pledge Agreement • August 29th, 2008 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores
JOINDER TO LOAN DOCUMENTSJoinder to Loan Documents • April 30th, 2010 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores
BURLINGTON COAT FACTORY WAREHOUSE CORPORATION, a Delaware corporation, as agent (in such capacity, the “Lead Borrower”) for itself and the other Borrowers party to the Credit Agreement referred to below;
JOINDER TO LOAN DOCUMENTSJoinder to Loan Documents • April 30th, 2010 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores
BURLINGTON COAT FACTORY WAREHOUSE CORPORATION (“Borrower”), a corporation organized under the laws of the State of Delaware, with its principal executive offices at 1830 Route 130, Burlington, New Jersey 08016;
REGISTRATION RIGHTS AGREEMENT by and among Burlington Coat Factory Investments Holdings, Inc. and Banc of America Securities LLC Bear, Stearns & Co. Inc. Wachovia Capital Markets, LLC Dated as of April 13, 2006Registration Rights Agreement • October 10th, 2006 • Burlington Coat Factory Investments Holdings, Inc. • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of April 13, 2006, by and among Burlington Coat Factory Investments Holdings, Inc., a Delaware corporation (the “Company”) and Banc of America Securities LLC, Bear, Stearns & Co. Inc. and Wachovia Capital Markets, LLC (collectively, the “Initial Purchasers”), each of whom has agreed to purchase the Company’s 14 1/2% Senior Discount Notes due 2014 (the “Initial Notes”) pursuant to the Purchase Agreement (as defined below).
RESTRICTED STOCK GRANT AGREEMENT PURSUANT TO BURLINGTON COAT FACTORY HOLDINGS, INC.Restricted Stock Grant Agreement • April 30th, 2009 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • Delaware
THIS AGREEMENT (the “Agreement”) is entered into as of ________, 2009 between Burlington Coat Factory Holdings, Inc., a Delaware corporation (the “Company”), and [____] (the “Participant”). Capitalized terms not otherwise defined herein shall have the meaning set forth in the Burlington Coat Factory Holdings, Inc. 2006 Management Incentive Plan (the “Plan”).
Burlington Coat Factory Holdings, Inc. THIS AWARD AND ANY SECURITIES ISSUED UPON EXERCISE OF THIS OPTION ARE SUBJECT TO RESTRICTIONS ON VOTING AND TRANSFER AND REQUIREMENTS OF SALE AND OTHER PROVISIONS AS SET FORTH HEREIN AND IN THE STOCKHOLDERS...Non-Qualified Stock Option Agreement • April 30th, 2009 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores
This amendment (“Amendment”) amends a stock option granted pursuant to a Non-Qualified Stock Option Agreement (the “Original Agreement”) dated ________________, 200_ (the “Original Grant Date”) granted by Burlington Coat Factory Holdings, Inc., a Delaware corporation (the “Company”), to the undersigned (the “Employee”), pursuant to, and subject to the terms of the Burlington Coat Factory Holdings, Inc. 2006 Management Incentive Plan (the “Plan”), which is incorporated herein by reference and of which the Employee hereby acknowledges receipt. The date of this Amendment is _____________, 2009 (the “New Grant Date”). Capitalized terms not otherwise defined herein shall have the meanings set forth in the Original Agreement or in the Plan, as the case may be.
AMENDMENT No. 3, dated as of May 17, 2013 (this “Amendment”), to the Credit Agreement dated as of February 24, 2011 as amended by that certain Amendment No. 1 dated as of May 16, 2012 and as further amended by that certain Amendment No. 2 dated as of...Credit Agreement • May 22nd, 2013 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • New York
BURLINGTON COAT FACTORY WAREHOUSE CORPORATION (in such capacity, the “Borrower”), a corporation organized under the laws of the State of Delaware, with its principal executive offices at 1830 Route 130, Burlington, New Jersey 08016;
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • August 27th, 2009 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores
THIS AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) is made as of the 12th day of June, 2008 by and between Burlington Coat Factory Warehouse Corporation, a Delaware corporation (the “Company”) and Charles Guardiola (“Executive”).
Burlington Coat Factory Warehouse Corporation $450,000,000 10.000% Senior Notes due 2019 Exchange and Registration Rights AgreementExchange and Registration Rights Agreement • February 24th, 2011 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • New York
Burlington Coat Factory Warehouse Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the Purchasers (as defined herein) upon the terms set forth in the Purchase Agreement (as defined herein) $450,000,000 in aggregate principal amount of its 10.000% Senior Notes due 2019, which are guaranteed by the entities listed on Annex A hereto (the “Guarantors”). As an inducement to the Purchasers to enter into the Purchase Agreement and in satisfaction of a condition to the obligations of the Purchasers thereunder, the Company and the Guarantors agree with the Purchasers for the benefit of holders (as defined herein) from time to time of the Registrable Securities (as defined herein) as follows:
CONFIRMATION AND AMENDMENT OF ANCILLARY LOAN DOCUMENTSAncillary Loan Documents • April 30th, 2010 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • New York
This Confirmation and Amendment of Ancillary Loan Documents (the “Agreement”) is made as of the 15th day of January, 2010 by and among:
ContractCredit Agreement • February 26th, 2010 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • New York
SECOND AMENDMENT, dated as of February 25, 2010 (this “Amendment”), to the Credit Agreement, dated as of April 13, 2006, as amended by the First Amendment dated December 12, 2006 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) among Burlington Coat Factory Warehouse Corporation (the “Borrower”), a corporation organized under the laws of the State of Delaware, the Facility Guarantors from time to time party hereto, Bear Stearns Corporate Lending Inc., as administrative agent (the “Administrative Agent”) and as collateral agent (the “Collateral Agent”), and the Lenders party thereto from time to time. Capitalized terms used but not defined herein have the meanings provided in the Credit Agreement.
Burlington Coat Factory Warehouse Corporation $450,000,000 10.000% Senior Notes due 2019 PURCHASE AGREEMENT dated February 17, 2011 Goldman, Sachs & Co. Merrill Lynch, Pierce, Fenner & Smith Incorporated Wells Fargo Securities, LLCPurchase Agreement • February 24th, 2011 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • New York
CREDIT AGREEMENT dated as of February 24, 2011 BURLINGTON COAT FACTORY WAREHOUSE CORPORATION, as Borrower THE FACILITY GUARANTORS NAMED HEREIN JPMORGAN CHASE BANK, N.A., as Administrative Agent and Collateral Agent GOLDMAN SACHS LENDING PARTNERS LLC,...Credit Agreement • February 24th, 2011 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • New York
BURLINGTON COAT FACTORY WAREHOUSE CORPORATION (in such capacity, the “Borrower”), a corporation organized under the laws of the State of Delaware, with its principal executive offices at 1830 Route 130, Burlington, New Jersey 08016;
BURLINGTON COAT FACTORY HOLDINGS, INC. STOCKHOLDERS AGREEMENT AMONG BURLINGTON COAT FACTORY HOLDINGS, INC. AND THE INVESTORS AND MANAGERS NAMED HEREIN DATED AS OF APRIL 13, 2006Shareholder Agreement • August 27th, 2009 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • Delaware
JOINDER TO LOAN DOCUMENTSJoinder to Loan Documents • August 29th, 2008 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores
BURLINGTON COAT FACTORY WAREHOUSE CORPORATION, a Delaware corporation, as agent (in such capacity, the “Lead Borrower”) for itself and the other Borrowers party to the Credit Agreement referred to below;
TERMINATION AGREEMENTTermination Agreement • April 26th, 2013 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • Delaware
This Termination Agreement (this “Termination Agreement”) is made as of February 14, 2013, by Bain Capital Integral Investors, LLC, Bain Capital Fund IX, LLC, BCIP Associates-G and BCIP TCV, LLC (collectively, the “Stockholders”).
ContractEmployment Agreement • April 14th, 2009 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • New York
SEPARATION AGREEMENTSeparation Agreement • April 14th, 2009 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • New York
THIS SEPARATION AGREEMENT (this “Agreement”) is made as of February16, 2009 by and among Burlington Coat Factory Holdings, Inc., a Delaware corporation (“Parent”), Burlington Coat Factory Warehouse Corporation, a Delaware corporation (the “Company”), and Mark Nesci (“Executive”).
AMENDMENT No. 1, dated as of May 16, 2012 (this “Amendment”), to the Credit Agreement dated as of February 24, 2011, among BURLINGTON COAT FACTORY WAREHOUSE CORPORATION, a Delaware corporation (the “Borrower”), the several banks and other financial...Credit Agreement • May 17th, 2012 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • New York
BURLINGTON COAT FACTORY WAREHOUSE CORPORATION (in such capacity, the “Borrower”), a corporation organized under the laws of the State of Delaware, with its principal executive offices at 1830 Route 130, Burlington, New Jersey 08016;
FIRST AMENDMENT AND CONSENT TO CREDIT AGREEMENTCredit Agreement • February 24th, 2011 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • New York
This First Amendment and Consent to Credit Agreement (the “First Amendment”) is made as of the 24th day of February, 2011 by and among
FIRST SUPPLEMENTAL INDENTURESupplemental Indenture • February 24th, 2011 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • New York
THIS FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of February 24, 2011, is made by and among Burlington Coat Factory Investments Holdings, Inc., a Delaware corporation (the “Company”) and Wilmington Trust FSB (as successor trustee to Wells Fargo Bank, N.A.), as Trustee (the “Trustee”).
BURLINGTON HOLDINGS, INC. STOCKHOLDERS AGREEMENT AMONG BURLINGTON HOLDINGS, INC. AND THE INVESTORS AND MANAGERS NAMED HEREIN DATED AS OF FEBRUARY 14, 2013Shareholder Agreements • April 26th, 2013 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • Delaware
JOINDER TO LOAN DOCUMENTSJoinder to Loan Documents • August 29th, 2008 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores
The FACILITY GUARANTORS party to the Credit Agreement (as defined below) set forth on Schedule I annexed hereto (collectively, the “Existing Facility Guarantors”);
January 15, 2010Credit Agreement • April 30th, 2010 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores
This letter agreement (this “Agreement”) is intended to set forth certain instruments, documents, and agreements (the “Supplemental Agreements”) which the Loan Parties are obligated to deliver to the Agent, and certain matters which must be satisfied, in connection with the Credit Amendment, but which have not been so delivered or satisfied as of the date hereof. The Agent has waived delivery of the Supplemental Agreements and satisfaction of those matters as set forth on Exhibit “A”, annexed hereto, as a condition precedent to the effectiveness of the Credit Amendment, and to the obligation of the Lenders to make Revolving Credit Loans or Swingline Loans or issue any Letters of Credit thereunder, but nevertheless requires that the Supplemental Agreements be delivered on or before the dates set forth on said Exhibit “A” (or such longer periods as may be determined by the Agent in its sole discretion).
Burlington Coat Factory Investments Holdings, Inc. $99,309,000 Aggregate Principal Amount at MaturityPurchase Agreement • October 10th, 2006 • Burlington Coat Factory Investments Holdings, Inc. • New York
The Notes will be issued pursuant an indenture, to be dated as of April 13, 2006 (the “Indenture”), between the Company and Wells Fargo Bank, N.A., as trustee (the “Trustee”). Notes will be issued only in book-entry form in the name of Cede & Co., as nominee of The Depository Trust Company (the “Depositary”) pursuant to a letter of representations, to be dated on or before the Closing Date (as defined in Section 2 hereof) (the “DTC Agreement”), among the Company, the Trustee and the Depositary.
Burlington Coat Factory Warehouse CorpEmployment Agreement • April 30th, 2010 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores
Burlington Coat Factory Holdings, Inc. THIS AWARD AND ANY SECURITIES ISSUED UPON EXERCISE OF THIS OPTION ARE SUBJECT TO RESTRICTIONS ON VOTING AND TRANSFER AND REQUIREMENTS OF SALE AND OTHER PROVISIONS AS SET FORTH HEREIN AND IN THE STOCKHOLDERS...Non-Qualified Stock Option Agreement • April 30th, 2009 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores
This agreement evidences a stock option granted by Burlington Coat Factory Holdings, Inc., a Delaware corporation (the “Company”), to the undersigned (the “Employee”), pursuant to, and subject to the terms of the Burlington Coat Factory Holdings, Inc. 2006 Management Incentive Plan (the “Plan”), which is incorporated herein by reference and of which the Employee hereby acknowledges receipt. For the purpose of this Agreement, the “Grant Date” shall mean _________, 2009. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Plan.
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • February 24th, 2011 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • New York
THIS SECOND SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of February 24, 2011, is made by and among Burlington Coat Factory Warehouse Corporation, a Delaware corporation (the “Company”), the guarantors signatory hereto (the “Guarantors”) and Wilmington Trust FSB (as successor trustee to Wells Fargo Bank, N.A.), as Trustee (the “Trustee”).
AMENDMENT No. 2, dated as of February 15, 2013 (this “Amendment”), to the Credit Agreement dated as of February 24, 2011 as amended by that certain Amendment No. 1 dated as of May 16, 2012, among BURLINGTON COAT FACTORY WAREHOUSE CORPORATION, a...Credit Agreement • February 21st, 2013 • Burlington Coat Factory Investments Holdings, Inc. • Retail-department stores • New York
BURLINGTON COAT FACTORY WAREHOUSE CORPORATION (in such capacity, the “Borrower”), a corporation organized under the laws of the State of Delaware, with its principal executive offices at 1830 Route 130, Burlington, New Jersey 08016;
