· shares] MATTRESS FIRM HOLDING CORP. Common Stock, Par Value $[·] Per Share UNDERWRITING AGREEMENTUnderwriting Agreement • September 28th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores • New York
BARCLAYS CAPITAL INC. UBS SECURITIES LLC, As Representatives of the several Underwriters named in Schedule I attached hereto, c/o Barclays Capital Inc. 745 Seventh Avenue New York, New York 10019
2,185,130 Shares MATTRESS FIRM HOLDING CORP. Common Stock, Par Value $0.01 Per Share UNDERWRITING AGREEMENTUnderwriting Agreement • December 15th, 2014 • Mattress Firm Holding Corp. • Retail-furniture stores • New York
Certain stockholders of Mattress Firm Holding Corp., a Delaware corporation (the “Company”), named in Schedule 2 hereto (the “Selling Stockholders”) propose to sell to Barclays Capital Inc. (the “Underwriter”) an aggregate of 2,185,130 shares (the “Firm Stock”) of the Company’s common stock, par value $0.01 per share (the “Common Stock”). In addition, the Selling Stockholders propose to grant to the Underwriter options to purchase up to an aggregate of 327,769 additional shares of the Common Stock on the terms set forth in Section 3 (the “Option Stock”). The Firm Stock and the Option Stock, if purchased, are hereinafter collectively called the “Stock”. This agreement (this “Agreement”) is to confirm the agreement concerning the purchase of the Stock from the Selling Stockholders by the Underwriter.
FIRST AMENDMENTCredit Agreement • March 5th, 2014 • Mattress Firm Holding Corp. • Retail-furniture stores • New York
This CREDIT AGREEMENT (this “Agreement”) dated as of November 5, 2012, among MATTRESS HOLDING CORP., a Delaware corporation., as borrower (the “Borrower”), MATTRESS HOLDCO, INC., a Delaware corporation (“Holdings”), the Subsidiary Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), the Lenders, UBS SECURITIES LLC, as sole arranger and sole bookrunner (in such capacity, “Arranger”) and as syndication agent (in such capacity, “Syndication Agent”), UBS LOAN FINANCE LLC, as swingline lender (in such capacity, “Swingline Lender”), AMEGY BANK NATIONAL ASSOCIATION, as documentation agent (in such capacity, “Documentation Agent”), and UBS AG, STAMFORD BRANCH, as issuing bank (in such capacity, “Issuing Bank”), as administrative agent (in such capacity, “Administrative Agent”) for the Lenders and as collateral agent (in such capacity, “Collateral Agent”) for the Secured Parties and the Issuing Bank.
720,000,000 TERM LOAN CREDIT AGREEMENT Dated as of October 20, 2014 among MATTRESS HOLDING CORP., as the Borrower, MATTRESS HOLDCO, INC., as Holdings, BARCLAYS BANK PLC, as Administrative Agent and Collateral Agent, and THE OTHER LENDERS PARTY HERETOCredit Agreement • October 21st, 2014 • Mattress Firm Holding Corp. • Retail-furniture stores • New York
This TERM LOAN CREDIT AGREEMENT (“Agreement”) is entered into as of October 20, 2014, among MATTRESS HOLDING CORP., a Delaware corporation (the “Borrower”), MATTRESS HOLDCO, INC., a Delaware corporation (“Holdings”), BARCLAYS BANK PLC, as administrative agent (in such capacity, including any successor thereto, the “Administrative Agent”) and as collateral agent (in such capacity, including any successor thereto, the “Collateral Agent”) under the Loan Documents, and each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”).
SUPPORT AGREEMENTSupport Agreement • August 8th, 2016 • Mattress Firm Holding Corp. • Retail-furniture stores • Delaware
This SUPPORT AGREEMENT, dated as of August 6, 2016 (this “Agreement”), is by and among Steinhoff International Holdings N.V., a company incorporated under the laws of the Netherlands (Naamloze Vennootschap) (“Parent”), Stripes US Holding, Inc., a Delaware corporation and a direct wholly-owned subsidiary of Parent (“HoldCo”), Stripes Acquisition Corp., a Delaware corporation and a direct wholly-owned subsidiary of HoldCo (“Merger Sub”), and the persons listed on Schedule I hereto (the “Company Stockholder”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 21st, 2016 • Mattress Firm Holding Corp. • Retail-furniture stores • Delaware
This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is dated as of March 21, 2016 by and among Kenneth E. Murphy III (the “Executive”), Mattress Firm Holding Corp., a Delaware corporation (“MFHC”) and Mattress Firm, Inc., a Delaware corporation (“MFI”) (MFHC and MFI are referred to herein collectively, as the “Company”).
Dated August 6, 2016 AGREEMENT AND PLAN OF MERGER by and among STEINHOFF INTERNATIONAL HOLDINGS N.V., STRIPES US HOLDING, INC., STRIPES ACQUISITION CORP. and MATTRESS FIRM HOLDING CORP.Agreement and Plan of Merger • August 8th, 2016 • Mattress Firm Holding Corp. • Retail-furniture stores • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of August 6, 2016 (this “Agreement”), is by and among Steinhoff International Holdings N.V., a company incorporated under the laws of the Netherlands (Naamloze Vennootschap) (“Parent”), Mattress Firm Holding Corp., a Delaware corporation (the “Company”), Stripes US Holding, Inc., a Delaware corporation and a direct wholly-owned subsidiary of Parent (“HoldCo”), and Stripes Acquisition Corp., a Delaware corporation and a direct wholly-owned subsidiary of HoldCo (“Merger Sub”). Certain capitalized terms used in this Agreement are defined in Section 8.11.
TENDER AND SUPPORT AGREEMENTTender and Support Agreement • August 8th, 2016 • Mattress Firm Holding Corp. • Retail-furniture stores • Delaware
This TENDER AND SUPPORT AGREEMENT, dated as of August 6, 2016 (this “Agreement”), is by and among Steinhoff International Holdings N.V., a company incorporated under the laws of the Netherlands (Naamloze Vennootschap) (“Parent”), Stripes US Holding, Inc., a Delaware corporation and a direct wholly-owned subsidiary of Parent (“HoldCo”), Stripes Acquisition Corp., a Delaware corporation and a direct wholly-owned subsidiary of HoldCo (“Merger Sub”), and the person listed on Schedule I hereto (the “Company Stockholder”).
1,505,000 Shares MATTRESS FIRM HOLDING CORP. Common Stock, Par Value $0.01 Per Share UNDERWRITING AGREEMENTUnderwriting Agreement • April 9th, 2015 • Mattress Firm Holding Corp. • Retail-furniture stores • New York
Certain stockholders of Mattress Firm Holding Corp., a Delaware corporation (the “Company”), named in Schedule 2 hereto (the “Selling Stockholders”) propose to sell to UBS Securities LLC (the “Underwriter”) an aggregate of 1,505,000 shares (the “Stock”) of the Company’s common stock, par value $0.01 per share (the “Common Stock”). This agreement (this “Agreement”) is to confirm the agreement concerning the purchase of the Stock from the Selling Stockholders by the Underwriter.
INDEMNIFICATION AGREEMENTIndemnification Agreement • October 21st, 2014 • Mattress Firm Holding Corp. • Retail-furniture stores
This Indemnification Agreement (“Agreement”) is made and entered into as of this [·] day of [·], 20[·], by and among Mattress Firm Holding Corp. (the “Company”), a Delaware corporation and [·] (the “Indemnitee”).
PURCHASE AND SALE AGREEMENT BY AND AMONG MATTRESS FIRM, INC., MATTRESS FIRM HOLDING CORP., THE SLEEP TRAIN, INC., THE SHAREHOLDERS OF THE SLEEP TRAIN, INC., DALE R. CARLSEN, INDIVIDUALLY, SOLELY FOR PURPOSES OF SECTIONS 3.6 AND 6.5, ROBERT D....Purchase and Sale Agreement • September 4th, 2014 • Mattress Firm Holding Corp. • Retail-furniture stores • Delaware
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of September 3, 2014, is entered into by and among Mattress Firm, Inc., a Delaware corporation (the “Buyer”), Mattress Firm Holding Corp., a Delaware corporation (“MFRM”), The Sleep Train, Inc., a California corporation (the “Company”), the undersigned shareholders of the Company (individually a “Seller” and collectively the “Sellers”), Dale R. Carlsen, individually, solely for the purposes of Sections 3.6 and 6.5, Robert D. Killgore, individually, solely for the purposes of Sections 3.7 and 6.5, and Dale R. Carlsen, solely in his capacity as the representative of the Sellers (the “Shareholder Representative”).
CREDIT AGREEMENT dated as of January 18, 2007, as amended and restated as of February 16, 2007 among MATTRESS HOLDING CORP., as Borrower, MATTRESS HOLDCO, INC. and THE OTHER GUARANTORS PARTY HERETO, as Guarantors, THE LENDERS PARTY HERETO and UBS...Credit Agreement • August 26th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores • New York
This CREDIT AGREEMENT (this “Agreement”) dated as of January 18, 2007, as amended and restated as of February 16, 2007, among MATTRESS HOLDING CORP., a Delaware corporation., as borrower (the “Borrower”), MATTRESS HOLDCO, INC., a Delaware corporation (“Holdings”), the Subsidiary Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), the Lenders, UBS SECURITIES LLC, as sole arranger and sole bookrunner (in such capacity, “Arranger”) and as syndication agent (in such capacity, “Syndication Agent”), UBS LOAN FINANCE LLC, as swingline lender (in such capacity, “Swingline Lender”), AMEGY BANK NATIONAL ASSOCIATION, as documentation agent (in such capacity, “Documentation Agent”), and UBS AG, STAMFORD BRANCH, as issuing bank (in such capacity, “Issuing Bank”), as administrative agent (in such capacity, “Administrative Agent”) for the Lenders and as collateral agent (in such capacity, “Collateral Agent”) for the Secured P
Master Retailer AgreementMaster Retailer Agreement • March 27th, 2014 • Mattress Firm Holding Corp. • Retail-furniture stores • New York
This Master Retailer Agreement (this “Agreement”) is made effective as of January 1, 2014 (the “Effective Date”), by and between Simmons Bedding Company, a Delaware corporation (“Vendor”), and Mattress Firm, Inc., a Delaware corporation (“Retailer”).
ABL CREDIT AGREEMENT Dated as of October 20, 2014 among MATTRESS HOLDING CORP., as the Borrower, MATTRESS HOLDCO, INC., as Holdings, BARCLAYS BANK PLC, as Administrative Agent, Collateral Agent and Issuer, and THE OTHER LENDERS AND ISSUERS PARTY HERETOCredit Agreement • October 21st, 2014 • Mattress Firm Holding Corp. • Retail-furniture stores • New York
This ABL CREDIT AGREEMENT (“Agreement”) is entered into as of October 20, 2014, among MATTRESS HOLDING CORP., a Delaware corporation (the “Borrower”), MATTRESS HOLDCO, INC., a Delaware corporation (“Holdings”), BARCLAYS BANK PLC, as administrative agent (in such capacity, including any successor thereto, the “Administrative Agent”) and as collateral agent (in such capacity, including any successor thereto, the “Collateral Agent”) under the Loan Documents, and each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”).
ADDENDUM NO. 1 TO MASTER RETAILER AGREEMENTMaster Retailer Agreement • December 8th, 2015 • Mattress Firm Holding Corp. • Retail-furniture stores
This ADDENDUM NO. 1 TO MASTER RETAILER AGREEMENT (this “Addendum”), dated as of January 1, 2015 (the “Effective Date”), is made by and between SEALY MATTRESS COMPANY, an Ohio corporation (“Vendor”), and MATTRESS FIRM, INC., a Delaware corporation (“Retailer”).
First Amendment to Employment AgreementEmployment Agreement • September 11th, 2015 • Mattress Firm Holding Corp. • Retail-furniture stores • Delaware
This First Amendment (this “Amendment”) is effective as of the 10th day of September, 2015, between Robert D. Killgore, an individual (“Executive”), Mattress Holding Corp., a Delaware corporation (“MHC”), and Mattress Firm Holding Corp., a Delaware corporation (“MFRM”).
First Amendment to Second Amended and Restated Employment AgreementEmployment Agreement • June 5th, 2014 • Mattress Firm Holding Corp. • Retail-furniture stores • Delaware
This First Amendment (this “Amendment”) is effective as of the 29th day of January, 2014, between R. Stephen Stagner, an individual (“Executive”), Mattress Holding Corp., a Delaware corporation (“MHC”), and Mattress Firm Holding Corp., a Delaware corporation (“MFRM”).
SEPARATION AGREEMENT AND RELEASESeparation Agreement and Release • April 4th, 2016 • Mattress Firm Holding Corp. • Retail-furniture stores • California
THIS SEPARATION AGREEMENT AND RELEASE (“Agreement”) is made and entered into by and among Dale R. Carlsen ("Employee") and Mattress Firm Holding Corp., Mattress Firm, Inc., Mattress Holding Corp. and each of their affiliates including but not limited to The Sleep Train, Inc. (collectively hereinafter referred to as the “Mattress Firm” or "Employer"). Employee and Employer hereinafter may be referred to as a “Party” or collectively as “Parties.”
Second Amendment to Employment AgreementEmployment Agreement • September 11th, 2015 • Mattress Firm Holding Corp. • Retail-furniture stores • Delaware
This Second Amendment (this “Amendment”) is effective as of the 10th day of September, 2015, between Kenneth E. Murphy III, an individual (“Executive”), Mattress Holding Corp., a Delaware corporation (“MHC”), and Mattress Firm Holding Corp., a Delaware corporation (“MFRM”).
AMENDED AND RESTATED LOAN AGREEMENT dated as of March 20, 2009 among MATTRESS INTERMEDIATE HOLDINGS, INC., as Borrower, THE LENDERS PARTY HERETO and TCW/CRESCENT MEZZANINE PARTNERS IV, L.P., as Administrative AgentLoan Agreement • July 8th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores • New York
This AMENDED AND RESTATED LOAN AGREEMENT (this “Agreement”) dated as of March 20, 2009, among MATTRESS INTERMEDIATE HOLDINGS, INC., a Delaware corporation, as borrower (“Borrower”), the Lenders (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), and TCW/CRESCENT MEZZANINE PARTNERS IV, L.P., a Delaware limited partnership (“TCW IV”), as administrative agent for the Lenders (in such capacity, “Administrative Agent”).
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • July 8th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores
Amendment No. 1, dated as of June 28, 2011 (this “Amendment”) to the Credit Agreement, dated as of January 18, 2007, as amended and restated as of February 16, 2007 and amended by the Term Loan Increase Joinder dated October 24, 2007, among Mattress Holding Corp., a Delaware corporation (the “Borrower”), Mattress Holdco, Inc., a Delaware corporation (“Holdings”), the lenders party thereto, the subsidiary guarantors party thereto, UBS Securities LLC, as sole arranger and sole bookrunner and as syndication agent and UBS AG, Stamford Branch, as issuing bank, administrative agent and collateral agent (the “Credit Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement.
CONTRIBUTION AGREEMENTContribution Agreement • November 30th, 2015 • Mattress Firm Holding Corp. • Retail-furniture stores • Delaware
THIS CONTRIBUTION AGREEMENT (this “Agreement”) is entered into as of November 25, 2015, by and among Mattress Firm Holding Corp., a Delaware corporation (“Parent”), Mattress Firm, Inc., a Delaware corporation and wholly owned subsidiary of Parent (“Buyer”), and Adam Blank (“Contributor”).
CONFIDENTIAL SEPARATION AGREEMENT AND GENERAL RELEASEConfidential Separation Agreement and General Release • April 4th, 2016 • Mattress Firm Holding Corp. • Retail-furniture stores • Texas
This Confidential Separation Agreement and General Release (this “Agreement”), dated effective as of 5:00 p.m. (local time) on April 1, 2016 (the “Effective Date”), is made by and between MATTRESS FIRM, INC., a Delaware corporation, individually and on behalf of its and its parent companies and subsidiaries (together “MFRM” or the “Company”), and Robert D. Killgore (“you,” “your” or “yourself”), a natural person. Each of the foregoing parties – the Company and you – may be referred to herein, individually, as a “Party” and collectively, as the “Parties.”
SIMMONS DEALER INCENTIVE AGREEMENTSimmons Dealer Incentive Agreement • July 8th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores • Georgia
This Simmons Dealer Incentive Agreement (the “Agreement”) is made between Simmons Bedding Company, on behalf of itself and as Agent for The Simmons Manufacturing Co., LLC (collectively, “Simmons”) and Mattress Firm, Inc. d/b/a Mattress Firm (“Dealer”) and is effective as of June 1, 2010 (the “Effective Date”).
MATTRESS FIRM HOLDING CORP. 2011 OMNIBUS INCENTIVE PLAN STOCK OPTION AGREEMENTStock Option Agreement • November 7th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores • Delaware
This agreement (the “Agreement”) evidences a stock option granted by Mattress Firm Holding Corp. (the “Company”) to the undersigned (the “Optionee”), pursuant to and subject to the terms of the Mattress Firm Holding Corp. 2011 Omnibus Incentive Plan (as amended from time to time, the “Plan”), which are incorporated herein by reference.
Confidential information redacted and filed separately with the Commission. Omitted portions are indicated by [*] PRODUCT SUPPLY AGREEMENTProduct Supply Agreement • July 8th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores
This Supply Agreement (this “Agreement”) is entered into with the intent that it commence and become effective as of January 1, 2009 (the “Commencement Date”), between Sealy Mattress Company (“Sealy”), an Ohio corporation with offices at One Office Parkway Trinity, North Carolina 27370, and Mattress Firm, Inc., a Delaware corporation (formerly known as MMA Company, Inc.) (“Retailer”) with offices at 5815 Gulf Freeway Houston, Texas 77023.
MATTRESS FIRM HOLDING CORP. REGISTRATION RIGHTS AGREEMENT Dated as of [ ], 2011Registration Rights Agreement • September 28th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores • New York
This Registration Rights Agreement (this “Agreement”) is entered into as of the [•] day of [•], 2011 by and among (i) Mattress Firm Holding Corp., a Delaware corporation (together with its successors and assigns, the “Company”), (ii) the parent of the Company, Mattress Holdings, LLC (the “Parent”) and (iii) the equity holders of the Parent listed on Schedule A hereto (the “Equity Holders” and after such Equity Holders receive shares of Common Stock in the Company in the Distribution, the “Stockholders”).
First Amendment to Employment AgreementEmployment Agreement • December 8th, 2014 • Mattress Firm Holding Corp. • Retail-furniture stores • Delaware
This First Amendment (this “Amendment”) is effective as of the 4th day of December, 2014, between Kenneth E. Murphy III, an individual (“Executive”), Mattress Holding Corp., a Delaware corporation (“MHC”), and Mattress Firm Holding Corp., a Delaware corporation (“MFRM”).
SECURITIES PURCHASE AGREEMENT by and amongSecurities Purchase Agreement • November 30th, 2015 • Mattress Firm Holding Corp. • Retail-furniture stores • Delaware
This SECURITIES PURCHASE AGREEMENT, dated as of November 25, 2015 (this “Agreement”), is made by and among Mattress Firm, Inc., a Delaware corporation (the “Buyer”), HMK Mattress Holdings LLC, a Delaware limited liability company (the “Company”), CCP IV Holdings, LLC, a Delaware limited liability company (“CCP IV Blocker”), CXV Holdings, LLC, a Delaware limited liability company (“CXV Blocker”), and CCP IV SBS Holdings, LLC, a Delaware limited liability company (“CCP IV SBS Blocker,” and collectively with CCP IV Blocker and CXV Blocker, the “Blockers,” and each individually, a “Blocker”), the equityholders of the Company and the Blockers listed on the signature pages attached hereto, David Acker, an individual, both individually and in his capacity as a representative of the Sellers, and, solely in its capacity as a representative of the Sellers, and Calera Capital Partners IV, L.P., a Delaware limited partnership (“Calera Capital” and, together with David Acker (in his capacity as a r
ASSET PURCHASE AGREEMENT BY AND BETWEEN MATTRESS FIRM, INC., MATTRESS LIQUIDATORS, INC., DAVID DOLAN AND SARAH THOMAS April 25, 2014Asset Purchase Agreement • April 28th, 2014 • Mattress Firm Holding Corp. • Retail-furniture stores • Texas
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is entered into this 25th day of April, 2014, by and between MATTRESS FIRM, INC., a Delaware corporation (the “Buyer”), MATTRESS LIQUIDATORS, INC., a Colorado corporation (the “Seller”), DAVID DOLAN, an individual (“D. Dolan”), and SARAH THOMAS, an individual (“S. Thomas,” and together with D. Dolan, the “Principals” and each individually, a “Principal”). The Buyer, the Seller and the Principals may be referred to herein individually as a “Party” and collectively as the “Parties.”
Confidential information redacted and filed separately with the Commission. Omitted portions are indicated by [*] FIRST AMENDMENT TO PRODUCT SUPPLY AGREEMENTSealy Supply Agreement • July 8th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores
This is the first amendment to the Sealy Supply Agreement (the “Sealy Supply Agreement”) and is entered into with the intent that it become effective as of May 1, 2009 (the “Effective Date”), between Sealy Mattress Company (“Sealy”), an Ohio corporation with offices at One Office Parkway Trinity, North Carolina 27370, and Mattress Firm, Inc., a Delaware corporation (formerly known as MMA Company, Inc.) (“Retailer”) with offices at 5815 Gulf Freeway Houston, Texas 77023 (this docuent hereinafter will be referred to as “Amendment” or “First Amendment”).
ASSET PURCHASE AGREEMENT BY AND AMONG MATTRESS FIRM, INC., MATTRESS XPRESS, INC., MATTRESS XPRESS OF GEORGIA, INC., STEVEN MILESIC AND STEVE LYTELL September 4, 2012Asset Purchase Agreement • September 6th, 2012 • Mattress Firm Holding Corp. • Retail-furniture stores • Texas
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is entered into this 4th day of September, 2012, by and among MATTRESS FIRM, INC., a Delaware corporation (the “Buyer”), MATTRESS XPRESS, INC., a Florida corporation (“Xpress Florida”), MATTRESS XPRESS OF GEORGIA, INC., a Georgia corporation (“Xpress Georgia” and together with Xpress Florida, the “Sellers”), Steven Milesic (solely for the purposes of ARTICLE VI and Section 9.9) and Steve Lytell (solely for the purposes of ARTICLE VI and Section 9.9, and together with Steven Milesic, the “Shareholders”). The Sellers, the Buyer and the Shareholders may be referred to herein individually as a “Party” and collectively as the “Parties.”
FORM OF SENIOR PIK NOTENote Purchase Agreement • July 25th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores • New York
THIS NOTE AND THE INDEBTEDNESS EVIDENCED HEREBY IS ISSUED PURSUANT TO THE NOTE PURCHASE AGREEMENT, DATED AS OF JULY 19, 2011, BY AND BETWEEN THE ISSUER AND THE HOLDER, AND THE HOLDER OF THIS INSTRUMENT, BY ITS ACCEPTANCE HEREOF, IRREVOCABLY AGREES TO BE BOUND BY THE PROVISIONS OF SUCH AGREEMENT.
AMENDED AND RESTATED LOAN AGREEMENT dated as of March 20, 2009 among MATTRESS INTERMEDIATE HOLDINGS, INC., as Borrower, THE LENDERS PARTY HERETO and TCW/CRESCENT MEZZANINE PARTNERS IV, L.P., as Administrative AgentLoan Agreement • August 26th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores • New York
This AMENDED AND RESTATED LOAN AGREEMENT (this “Agreement”) dated as of March 20, 2009, among MATTRESS INTERMEDIATE HOLDINGS, INC., a Delaware corporation, as borrower (“Borrower”), the Lenders (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), and TCW/CRESCENT MEZZANINE PARTNERS IV, L.P., a Delaware limited partnership (“TCW IV”), as administrative agent for the Lenders (in such capacity, “Administrative Agent”).
First Amendment to Employment AgreementEmployment Agreement • September 11th, 2015 • Mattress Firm Holding Corp. • Retail-furniture stores • Delaware
This First Amendment (this “Amendment”) is effective as of the 10th day of September, 2015, between Dale R. Carlsen, an individual (“Executive”), Mattress Holding Corp., a Delaware corporation (“MHC”), and Mattress Firm Holding Corp., a Delaware corporation (“MFRM”).
