GrowGeneration Corp. Sample Contracts
7,500,000 Shares GROWGENERATION CORP. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • July 6th, 2020 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • New York
GrowGeneration Corp., a Colorado corporation (the “Company”), proposes, subject to the terms and conditions contained herein, to sell to you and the other underwriters named on Schedule I to this Agreement (the “Underwriters”), for whom you are acting as Representative (the “Representative”), an aggregate of 7,500,000 shares (the “Firm Shares”) of the Company’s common stock, $0.001 par value per share (the “Common Stock”). The respective amounts of the Firm Shares to be purchased by each of the several Underwriters are set forth opposite their names on Schedule I hereto. In addition, the Company proposes to grant to the Underwriters an option to purchase up to an additional 1,125,000 shares (the “Option Shares”) of Common Stock from the Company for the purpose of covering over-allotments in connection with the sale of the Firm Shares. The Firm Shares and the Option Shares are collectively called the “Shares.”
Standard Contracts
5,000,000 Shares GROWGENERATION CORP. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • December 9th, 2020 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • New York
GrowGeneration Corp., a Colorado corporation (the “Company”), proposes, subject to the terms and conditions contained herein, to sell to you and the other underwriters named on Schedule I to this Agreement (the “Underwriters”), for whom you are acting as Representative (the “Representative”), an aggregate of 5,000,000 shares (the “Firm Shares”) of the Company’s common stock, $0.001 par value per share (the “Common Stock”). The respective amounts of the Firm Shares to be purchased by each of the several Underwriters are set forth opposite their names on Schedule I hereto. In addition, the Company proposes to grant to the Underwriters an option to purchase up to an additional 750,000 shares (the “Option Shares”) of Common Stock from the Company in connection with the sale of the Firm Shares. The Firm Shares and the Option Shares are collectively called the “Shares.”
easylife, corp.Stock Option Award Agreement • November 9th, 2015 • GrowGeneration Corp. • Colorado
Unless otherwise defined herein, the terms defined in the EasyLife, Corp. 2014 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Stock Option Award Agreement (the “Award Agreement”).
FORM OF EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • March 27th, 2020 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • New York
THIS EXECUTIVE EMPLOYMENT AGREEMENT (the “Agreement”) dated as of January 1, 2020 (the “Effective Date”), is by and between GrowGeneration Corp., a Colorado Corporation with offices at 1000 W Mississippi Ave., Denver, CO 80223 (the “Company”) and Monty Lamirato, an individual residing at 7017 Orion Lane, Arvada, CO 80007(the “Executive”).
23010980-v2 TERMINATION AGREEMENT This Termination Agreement, dated as of October 12, 2021 (the "Termination Agreement"), between GrowGeneration USA, Inc., a Delaware corporation and the successor by merger of GrowGeneration Michigan Corp., a Delaware...Termination Agreement • November 12th, 2021 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Michigan
FORM OF ASSET PURCHASE AGREEMENTAsset Purchase Agreement • August 12th, 2021 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Michigan
THIS ASSET PURCHASE AGREEMENT (the “Agreement’) is made and entered into as of the 27th day of July, 2021 (the “Effective Date”) by and among GrowGeneration Michigan Corp., a Delaware corporation (“Buyer”), GrowGeneration Corp., a Colorado Corporation (“Issuer”), HGS Imlay City LLC, a Michigan limited liability company (“Seller”), Tony Allos (“Tony”), Christopher Kiryakoza (“Christopher”), and Rocky Shaeena (“Rocky”) (each of Tony, Christopher and Rocky individually being a “Principal” and collectively, the “Principals”).
EMPLOYMENT AGREEMENTEmployment Agreement • September 30th, 2024 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Colorado
This Employment Agreement (“Agreement”) is made by and between GrowGeneration Corp., a Colorado corporation (“Company”), and Darren Lampert (“Employee”), to be effective as of January 1, 2025 (the “Effective Date”).
FORM OF ASSET PURCHASE AGREEMENTAsset Purchase Agreement • May 14th, 2019 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Colorado
THIS ASSET PURCHASE AGREEMENT (the “Agreement”) is made and entered into as of the 23rd day of April, 2019 by and among GrowGeneration Rhode Island Corp., a Delaware Corporation (“Buyer”) with offices at 1000 W. Mississippi, Denver CO 80223 and, GrowGeneration Corp., a Colorado Corporation (“Issuer”) with offices at 1000 W. Mississippi, Denver CO 80223, and GreenLife Garden Supply Corp., a Sub Chapter S Corporation with its address located at 481 Boston Road, Unit 4, Billerica, MA 01821 (“Seller”).
ASSET PURCHASE AGREEMENT (TRANSACTION BROKER)Asset Purchase Agreement • June 15th, 2016 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Colorado
THIS AGREEMENT, dated this 14th day of April 2014, is by and between, EasyLife Corp. whose address is 570 Taster Road, Elmsford, New York 10523, hereinafter referred to as “Purchaser”, Jason Dawson and Southern Colorado Garden Supply Corp., each of whose address is 113W, 4th Street, Pueblo, CO 81003 (herein referred to as “Seller”).
GrowGeneration, corp.Stock Option Award Agreement • March 27th, 2018 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Colorado
Unless otherwise defined herein, the terms defined in the GrowGeneration, Corp. 2018 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Stock Option Award Agreement (the “Award Agreement”).
GROWGENERATION CORP. LONG-TERM INCENTIVE AGREEMENTLong-Term Incentive Agreement • August 8th, 2024 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Colorado
This Long-Term Incentive Agreement (the “Agreement”) is effective as of April 22, 2024 (the “Effective Date”) by and between GrowGeneration Corp. (the “Company”), and Gregory Sanders (the “Executive”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • November 9th, 2015 • GrowGeneration Corp. • Colorado
THIS INDEMNIFICATION AGREEMENT is made and entered into this [__] day of [_______], (the "Agreement"), by and between GrowGeneration Corp., a Colorado corporation (the "Company," which term shall include, where appropriate, any Entity (as hereinafter defined) controlled directly or indirectly by the Company), and [__________] (the "Indemnitee"):
ANNEX A SUBSCRIPTION AGREEMENTSubscription Agreement • November 9th, 2015 • GrowGeneration Corp. • Colorado
INVENTORY PURCHASE AGREEMENTInventory Purchase Agreement • May 11th, 2016 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Colorado
THIS INVENTORY PURCHASE AGREEMENT is made and entered into as of the 10 day of April, 2015 (this “Agreement”) by and among GrowGeneration Corp., a Colorado Corporation (“Buyer”) and Green Growers, Inc., a Colorado Corporation (“Seller” and together with the Buyer, the “Parties”).
ANNEX A SUBSCRIPTION AGREEMENTSubscription Agreement • May 11th, 2016 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Colorado
FORM OF SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 9th, 2018 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Colorado
This Securities Purchase Agreement (this “Agreement”) is dated as of May __, 2018 by and among GrowGeneration Corp, a Colorado corporation (the “Company”), and _______ (the “Purchaser”).
FORM OF EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • March 27th, 2020 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • New York
THIS EXECUTIVE EMPLOYMENT AGREEMENT (the “Agreement”) dated as of March 23, 2020 (the “Effective Date”), is by and between GrowGeneration Corp., a Colorado Corporation with offices at 1000 W Mississippi Ave., Denver, CO 80223 (the “Company”) and Darren Lampert an individual residing at 24 Orchard Drive, Armonk, NY 10504, (the “Executive”).
Commercial LeaseCommercial Lease • November 9th, 2015 • GrowGeneration Corp.
THIS LEASE, is made and entered into this 1st day of December, 2014, by and between PurRecycling Corporation d.b.a. Terra Firma Recycling/Fund referred to herein as “Landlord”, and GrowGeneration (Pueblo) Corporation residing at 503 North Main Street #740 Pueblo, CO 81003 referred to herein as “Tenant”;
ASSET PURCHASE AGREEMENT BY AND AMONG GROWGENERATION CALIFORNIA CORP. (a Delaware corporation), GROWGENERATION CORP. (a Colorado corporation), YELEKO, LLC (a California limited liability company), YELEKO GUI, LLC (a California limited liability...Asset Purchase Agreement • November 2nd, 2020 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • California
THIS ASSET PURCHASE AGREEMENT (“Agreement”) is made and entered into as of the 29th day of October, 2020 (“Execution Date”) by and among (i) GrowGeneration California Corp., a Delaware corporation (“Buyer”) with offices at 930 W 7th Ave, Suite A, Denver, Co 80204, (ii) GrowGeneration Corp., a Colorado corporation, as Issuer, with offices at 930 W 7th Ave, Suite A, Denver, CO 80204, and (iii) Yeleko, LLC, a California limited liability company (“Yeleko”), Yeleko GUI, LLC, a California limited liability company (“Yeleko GUI”), Healthy Harvest Hydro-Organics LLC, a California limited liability company (“HHH”), Oregon Hydro-Organics LLC, an Oregon limited liability company (“OHO”), each with its corporate headquarters located at 4441 Granite Drive #102, Rocklin, CA 95677 (each a “Seller” and collectively, “Sellers”), (iv) YTGB Operating Holdings LLC, a California limited liability company (“Parent”), and (v) the Principals (as defined below).
FORM OF COMMERCIAL LEASECommercial Lease • May 14th, 2019 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Maine
THIS LEASE, between 611A Route One, LLC, a Maine limited liability company, of Brunswick, Maine (hereinafter called “Landlord” and sometimes referred to by the pronoun “it”) and GrowGeneration Corp., a Colorado corporation, of Denver, Colorado (hereinafter called “Tenant”).
Form of REVISED ASSET PURCHASE AGREEMENTAsset Purchase Agreement • July 16th, 2018 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Colorado
THIS REVISED ASSET PURCHASE AGREEMENT (the “Agreement”) is made and entered into as of the 28th day of June, 2018, by and among GrowGeneration Corp, a Colorado corporation (“Buyer”) with offices at 1000 W. Mississippi Avenue, Denver, CO 80223, and Santa Rosa Hydroponics & Grower Supply Inc, a California corporation with offices at 4180 S. Moorland Avenue, Santa Rosa, CA 95407 (“Seller”), and its two shareholders, Rick Barretta (“RB”) and Jason Barretta (“JB”) .Buyer, Seller, RB and JB are collectively referred to as “Parties.”
FORM OF SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 16th, 2017 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • New York
This SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of _______, 2017, is by and among GrowGeneration Corp., a Colorado corporation with offices located at 503 North Main Street, Pueblo, Colorado 81003 (the “Company”), and the investors listed on the Schedule of Buyers attached hereto (individually, a “Buyer” and collectively, the “Buyers”).
FORM OF COMMERCIAL LEASECommercial Lease • April 1st, 2019 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply
INVENTORY PURCHASE AGREEMENTInventory Purchase Agreement • November 9th, 2015 • GrowGeneration Corp. • Colorado
THIS INVENTORY PURCHASE AGREEMENT is made and entered into as of the 10 day of May, 2015 (this "Agreement") by and among GrowGeneration Pueblo Corp., a Colorado Corporation ("Buyer") and Happy Grow Lucky LLC, a Colorado Corporation ("Seller" and together with the Buyer, the "Parties").
FORM OF ASSET PURCHASE AGREEMENTAsset Purchase Agreement • January 22nd, 2019 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Colorado
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of November 28th, 2018, by and among GrowGeneration Pueblo Corp., a Colorado corporation (“Buyer”) with offices at 1000 W. Mississippi, Denver CO 80223, GrowGeneration Corp., a Colorado corporation (“Issuer”) with offices at 1000 W. Mississippi, Denver CO 80223, and Chlorophyll, Inc., a Colorado corporation located at 3801 Mariposa St., Denver, CO 80211 (“Seller”).
INVENTORY PURCHASE AGREEMENTInventory Purchase Agreement • November 9th, 2015 • GrowGeneration Corp.
THIS INVENTORY PURCHASE AGREEMENT is made and entered into as of the ____ day of October 2015 (this “Agreement”) by and among GrowGeneration California a Deleware Corporation (“Buyer”) and Sweet Leaf Hydroponics Inc. dba Mad Max Hydroponics a California Corporation (“Seller” and together with the Buyer, the “Parties”).
FORM OF CONSULTING AGREEMENTConsulting Agreement • April 5th, 2017 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Colorado
This CONSULTING AGREEMENT dated as of April 3, 2017 (this “Agreement”) by and between GrowGeneration Corp., a Colorado Corporation (the “Company”) and Merida Capital Partners, LP, a Maryland limited partnership (“Consultant”), with offices at 6720 Rockledge Drive, Suite 750, Bethesda, MD, 20817.
SEPARATION AND RELEASE AGREEMENTSeparation and Release Agreement • August 12th, 2022 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Colorado
This Separation and Release Agreement (this “Agreement”) is made between GrowGeneration Corp., a Colorado corporation (“Company”), and Jeffrey Lasher, a Colorado resident (“Employee”) (each a “party” and together the “parties”):
RIDER TO LEASE DATED MAY ____, 2017 BY AND BETWEEN BUILDING ACCOUNT L.L.C., LESSOR AND GROW GENERATION CORPORATION, LESSEERider to Lease • May 22nd, 2017 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Washington
BUSINESS LEASEBusiness Lease • November 9th, 2015 • GrowGeneration Corp.
THIS LEASE IS MADE THIS 1ST DAY OF JUNE, 2014 BETWEEN SUNSHINE PROPERTIES (THE “LESSOR”) AND DARREN LAMPERT CEO/ DE GROWGENERATION PUEBLO, CORP. (THE “LESSEE”)
Form of Amendment to Asset Purchase AgreementAsset Purchase Agreement • September 20th, 2018 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply
This amendment (the “Amendment”), entered into as of this 14th day of September, 2018 by and among GrowGeneration Corp., a Colorado corporation (the “Issuer”), GrowGeneration HG Corp., a wholly-owned subsidiary of the Issuer (together with the Issuer, collectively, the “Buyer Parties”), and Virgus, Inc. d/b/a/ Heavy Gardens (the “Seller”) (collectively, the “Parties”), modifies and amends that certain Asset Purchase Agreement (the “Purchase Agreement”) entered into on August 30, 2018 by and among the Parties.
Form of Commercial LeaseCommercial Lease • January 24th, 2018 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Rhode Island
This lease (“Lease”) is made as of January 8, 2018 (the “Execution Date”) by and between Lincoln Thomas Development, LLC, a Rhode Island limited liability company, having a notice address of, PO Box 40266, Providence, RI 02940 (“Landlord”) and Grow Generation Corporation, a Denver corporation, having a notice address of 380 Jefferson Blvd, Unit D, Warwick, RI 02886 (“Tenant”). Whereas, upon the signing of this Lease by Landlord and Tenant, and effective upon the Commencement Date of this Lease, the “Former Lease” entered into by Landlord and Tenant on April 28, 2014 and Lease Amendment Extension entered into on February 28, 2017 for the Premises of 380 Jefferson Blvd, Unit D, Warwick, RI 02886 shall be terminated and be of no further force and effect; except, the terms and conditions of the “Former Lease” that survive the termination of the “Former Lease”.
GrowGeneration Rhode Island Corp.Commercial Lease • December 12th, 2018 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply
THIS COMMERCIAL LEASE made this 1st day of December, 2018, by and between Spain Enterprises, LLC, a Maine Limited Liability Company with a mailing address of 671 North Main St. Brewer, Maine 04412, hereinafter referred to as “Landlord”, and GrowGeneration Rhode Island Corp, with a Mailing address of 1000 West Mississippi Ave. Denver Colorado 80223, hereinafter referred to as “Tenant”.
Form of Subscription Agreement IMPORTANT: PLEASE READ CAREFULLY BEFORE SIGNING. SIGNIFICANT REPRESENTATIONS ARE CALLED FOR HEREIN. SUBSCRIPTION AGREEMENTSubscription Agreement • May 19th, 2017 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Colorado
INVENTORY PURCHASE AGREEMENTInventory Purchase Agreement • May 11th, 2016 • GrowGeneration Corp. • Retail-building materials, hardware, garden supply • Colorado
THIS INVENTORY PURCHASE AGREEMENT is made and entered into as of the 10 day of May, 2015 (this "Agreement") by and among GrowGeneration Pueblo Corp., a Colorado Corporation ("Buyer") and Happy Grow Lucky LLC, a Colorado Corporation ("Seller" and together with the Buyer, the "Parties").
