Alco Stores Inc Sample Contracts

SECTION 1. DEFINITIONS
Employment Agreement • January 31st, 2006 • Duckwall Alco Stores Inc • Retail-variety stores • Kansas
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PURCHASE AGREEMENT ------------------
Purchase Agreement • October 11th, 1996 • Duckwall Alco Stores Inc • Retail-variety stores • Minnesota
CREDIT AGREEMENT Dated as of July 21, 2011 among Duckwall-Alco Stores, Inc., as the Borrower, Wells Fargo Bank, National Association as Administrative Agent, Collateral Agent, Swing Line Lender and L/C Issuer, and The Other Lenders Party Hereto Wells...
Credit Agreement • July 27th, 2011 • Duckwall Alco Stores Inc • Retail-variety stores • Massachusetts

WHEREAS, the Borrower has requested that the Lenders provide a revolving credit facility, and the Lenders have indicated their willingness to lend and the L/C Issuer has indicated its willingness to issue Letters of Credit, in each case on the terms and conditions set forth herein.

W I T N E S S E T H:
Employment Agreement • January 9th, 2006 • Duckwall Alco Stores Inc • Retail-variety stores • Kansas
RECITAL
Memorandum of Understanding • April 22nd, 2005 • Duckwall Alco Stores Inc • Retail-variety stores • Kansas
W I T N E S S E T H:
Employment Agreement • January 9th, 2006 • Duckwall Alco Stores Inc • Retail-variety stores • Kansas
EMPLOYMENT AGREEMENT
Employment Agreement • August 3rd, 2005 • Duckwall Alco Stores Inc • Retail-variety stores • Kansas
AMENDMENT TERMS
Employment Agreement • August 26th, 2005 • Duckwall Alco Stores Inc • Retail-variety stores • Kansas
Contract
Indemnification Agreement • September 18th, 2014 • Alco Stores Inc • Retail-variety stores • Kansas
ALCO STORES, INC. TIME BASED INCENTIVE STOCK OPTION AGREEMENT
Incentive Stock Option Agreement • June 19th, 2014 • Alco Stores Inc • Retail-variety stores • Kansas

THIS INCENTIVE STOCK OPTION AGREEMENT (this “Agreement”), is made and entered into as of the 16th day of June, 2014 (the “Granting Date”), by and between ALCO Stores, Inc., a Kansas corporation (the “Company”), and Ricardo A. Clemente (the “Optionee”).

Duckwall-ALCO Stores, Inc. INCENTIVE STOCK OPTION AGREEMENT
Incentive Stock Option Agreement • February 25th, 2010 • Duckwall Alco Stores Inc • Retail-variety stores • Kansas

THIS AGREEMENT, made and entered into this 22nd day of February, 2010 (the "Granting Date"), by and between Duckwall-ALCO Stores, Inc., a Kansas corporation (the "Company"), and Richard E. Wilson (the "Optionee").

EMPLOYMENT AGREEMENT
Employment Agreement • September 22nd, 2010 • Duckwall Alco Stores Inc • Retail-variety stores • Kansas

This EMPLOYMENT AGREEMENT (this "Agreement") is made and entered into effective as of 20th day of September, 2010, by and between Duckwall-ALCO Stores, Inc., a Kansas corporation (the "Company"), and Wayne Peterson, an individual.

ALCO STORES, INC. RESTRICTED STOCK AGREEMENT
Restricted Stock Agreement • May 31st, 2013 • Alco Stores Inc • Retail-variety stores • Kansas

THIS RESTRICTED STOCK AGREEMENT (this “Agreement”), is made and entered into as of the 24th day of May, 2013 (the "Granting Date"), by and between ALCO Stores, Inc., a Kansas corporation (the "Company"), and Ricardo A. Clemente (the "Grantee").

EMPLOYMENT AGREEMENT
Employment Agreement • April 25th, 2003 • Duckwall Alco Stores Inc • Retail-variety stores • Kansas

THIS EMPLOYMENT AGREEMENT (this "Agreement") is entered into this 28th day of December, 2000, by and between Duckwall-Alco Stores, Inc., a Kansas corporation (the "Company"), and Glen L. Shank, an individual (the "Employee").

EMPLOYMENT AGREEMENT
Employment Agreement • May 31st, 2013 • Alco Stores Inc • Retail-variety stores • Kansas

This EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into effective as of the 24th day of May, 2013 (the "Effective Date") by and between Duckwall-ALCO Stores, Inc., a Kansas corporation (the “Company”), and Ricardo A. Clemente, an individual (the “Employee”).

Duckwall-Alco Stores, Inc. Abilene, Kansas 67410 February 11, 2010
Employment Agreement • February 25th, 2010 • Duckwall Alco Stores Inc • Retail-variety stores • Kansas

This is your Employment Agreement (the “Agreement’) with Duckwall-Alco Stores, Inc., a Kansas corporation (the “Company”). It sets forth the terms of your employment with the Company.

ADDENDUM TO EMPLOYMENT AGREEMENT
Employment Agreement • April 16th, 2010 • Duckwall Alco Stores Inc • Retail-variety stores

This ADDENDUM TO THE EMPLOYMENT AGREEMENT (“Addendum”) is effective as of the 31st day of December, 2008 by and among DUCKWALL-ALCO STORES, INC. (the “Company”) and TOM L. CANFIELD, JR. (“Employee”).

ALCO STORES, INC. AND COMPUTERSHARE TRUST COMPANY, N.A., as Rights Agent RIGHTS AGREEMENT dated as of May 3, 2013
Rights Agreement • May 6th, 2013 • Alco Stores Inc • Retail-variety stores • Kansas

This Rights Agreement, dated as of May 3, 2013 (this “Agreement”), is between ALCO STORES, INC., a Kansas corporation (the “Company”), and COMPUTERSHARE TRUST COMPANY, N.A., a national banking association (the “Rights Agent”).

ADDENDUM TO EMPLOYMENT AGREEMENT
Employment Agreement • June 4th, 2009 • Duckwall Alco Stores Inc • Retail-variety stores

This ADDENDUM TO THE EMPLOYMENT AGREEMENT (“Addendum”) is effective as of the 31st day of May, 2009 by and among DUCKWALL-ALCO STORES, INC. (the “Company”) and JANE F. GILMARTIN (“Employee”).

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ALCO STORES, INC. AND COMPUTERSHARE TRUST COMPANY, N.A., as Rights Agent AMENDED AND RESTATED RIGHTS AGREEMENT dated as of June 9, 2014
Rights Agreement • June 10th, 2014 • Alco Stores Inc • Retail-variety stores • Kansas

This Amended and Restated Rights Agreement, dated as of June 9, 2014 (this “Agreement”), is between ALCO STORES, INC., a Kansas corporation (the “Company”), and COMPUTERSHARE TRUST COMPANY, N.A., a national banking association (the “Rights Agent”).

EMPLOYMENT AGREEMENT
Employment Agreement • August 25th, 2006 • Duckwall Alco Stores Inc • Retail-variety stores • Kansas

This EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into effective as of August 1, 2006, by and between Duckwall-ALCO Stores, Inc., a Kansas corporation (the “Company”), and Bruce C. Dale, an individual ("Dale").

SECOND AMENDMENT TO RIGHTS AGREEMENT
Rights Agreement • May 8th, 2014 • Alco Stores Inc • Retail-variety stores • Kansas

THIS SECOND AMENDMENT TO RIGHTS AGREEMENT (this “Amendment”), dated as of May 7, 2014, by and between ALCO STORES, INC., a Kansas corporation (the “Company”), and COMPUTERSHARE TRUST COMPANY, N.A., a national banking association (the “Rights Agent”), amends the Rights Agreement, dated as of May 3, 2013, and as amended as of July 25, 2013 (the “Rights Agreement”), by and between the Company and the Rights Agent. Capitalized terms not defined herein shall have the meanings given to them in the Rights Agreement.

CONSULTING AGREEMENT
Consulting Agreement • September 22nd, 2014 • Alco Stores Inc • Retail-variety stores • Kansas

THIS AGREEMENT (this “Agreement”) is made effective as of September 22, 2014 (the “Effective Date”) by and between ALCO Stores, Inc., a Kansas corporation (the “Company”) and Michael Moore (“Consultant”). The Company and Consultant sometimes are referred to herein individually as a “Party” and together as the “Parties.”

LOAN AND SECURITY AGREEMENT FLEET RETAIL FINANCE INC. The Administrative and Collateral Agent for the Lenders Referenced Herein WELLS FARGO RETAIL FINANCE, LLC DOCUMENTATION AGENT FOR THE LENDERS REFERENCED HEREIN
Loan and Security Agreement • April 25th, 2003 • Duckwall Alco Stores Inc • Retail-variety stores • Massachusetts

THIS AGREEMENT is made as of this 15th day of April, 2002 between Fleet Retail Finance Inc., a Delaware corporation with offices at 40 Broad Street, Boston, Massachusetts 02109 as agent (in such capacity, herein the "Administrative Agent") for the benefit of the Lenders, on a Pro Rata basis, based upon each Lender's Percentage Commitment, who are, at present, those financial institutions identified on the signature pages of this Agreement and who in the future are those Persons (if any) who become a "Lender" in accordance with the provisions of Article VII of the Agency Agreement (defined below); Fleet Retail Finance Inc., a Delaware corporation with offices at 40 Broad Street, Boston, Massachusetts 02109 as agent (in such capacity, herein the "Collateral Agent") for the benefit of the Lenders and the Administrative Agent, Wells Fargo Retail Finance, LLC, a Delaware limited liability company with offices at One Boston Place, Boston, Massachusetts 02108 (in such capacity, herein, the "D

AGREEMENT AND PLAN OF MERGER by and among MALLARD PARENT, LLC, M ACQUISITION CORPORATION and ALCO STORES, INC. Dated as of July 25, 2013
Merger Agreement • July 25th, 2013 • Alco Stores Inc • Retail-variety stores • Kansas

AGREEMENT AND PLAN OF MERGER, dated as of July 25, 2013 (this “Agreement”), by and among MALLARD PARENT, LLC, a Delaware limited liability company (“Parent”), M ACQUISITION CORPORATION, a Kansas corporation and wholly owned subsidiary of Parent (“Merger Sub”), and ALCO STORES, INC., a Kansas corporation (the “Company”).

SEPARATION AGREEMENT AND RELEASE
Separation Agreement • July 10th, 2014 • Alco Stores Inc • Retail-variety stores • Kansas

This Separation Agreement and Release (“Agreement”) is by and between ALCO Stores, Inc., a Kansas Corporation (the “Company”) and Wayne Peterson, an individual (“Employee”) as of the date executed by both parties.

Separation and Release Agreement
Separation and Release Agreement • May 19th, 2010 • Duckwall Alco Stores Inc • Retail-variety stores • Kansas

THIS SEPARATION AND RELEASE AGREEMENT (this “Agreement”) is made as of the 13th day of May, 2010, by and between Jane F. Gilmartin (the “Executive”) and Duckwall-Alco Stores, Inc., a Kansas corporation (the “Company”).

LEASE AGREEMENT BETWEEN IIT FREEPORT OFFICE LP, AS LANDLORD, AND ALCO STORES, INC., AS TENANT DATED _____________, 2013 COPPELL, TEXAS
Lease Agreement • May 8th, 2013 • Alco Stores Inc • Retail-variety stores

This Lease Agreement (this "Lease") is entered into as of _______________, 2013, between IIT Freeport Office LP, a Delaware limited partnership ("Landlord"), and ALCO Stores, Inc., a Kansas corporation ("Tenant").

Contract
Separation and Release Agreement • September 5th, 2014 • Alco Stores Inc • Retail-variety stores • Kansas
LEASE SCHEDULE SCHEDULE NUMBER 001
Lease Agreement • December 14th, 2005 • Duckwall Alco Stores Inc • Retail-variety stores
Contract
Employment Agreement • September 5th, 2014 • Alco Stores Inc • Retail-variety stores • Kansas
FIRST AMENDMENT TO AMENDED AND RESTATED RIGHTS AGREEMENT
Rights Agreement • July 23rd, 2014 • Alco Stores Inc • Retail-variety stores • Kansas

THIS FIRST AMENDMENT TO AMENDED AND RESTATED RIGHTS AGREEMENT (this “Amendment”), dated as of July 22, 2014, by and between ALCO STORES, INC., a Kansas corporation (the “Company”), and COMPUTERSHARE TRUST COMPANY, N.A., a national banking association (the “Rights Agent”), amends the Amended and Restated Rights Agreement, dated as of June 9, 2014 (the “Rights Agreement”), by and between the Company and the Rights Agent. Capitalized terms not defined herein shall have the meanings given to them in the Rights Agreement.

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