R E C I T A L SEscrow Agreement • July 12th, 2004 • Evans Bob Farms Inc • Retail-eating places • New York
amongStock Purchase Agreement • July 12th, 2004 • Evans Bob Farms Inc • Retail-eating places • New York
BETWEENLoan Agreement • July 12th, 2004 • Evans Bob Farms Inc • Retail-eating places • Ohio
CREDIT AGREEMENT Dated as of April 28, 2017 among BEF FOODS, INC., as the Borrower, BOB EVANS FARMS, INC., as the Parent and as a Guarantor, BOB EVANS FARMS, LLC, as the Intermediate Parent and as a Guarantor, CERTAIN SUBSIDIARIES OF THE PARENT PARTY...Credit Agreement • May 1st, 2017 • Bob Evans Farms Inc • Retail-eating places • New York
This CREDIT AGREEMENT is entered into as of April 28, 2017 among BEF FOODS, INC., an Ohio corporation (the “Borrower”), BOB EVANS FARMS, INC., a Delaware corporation (the “Parent”), BOB EVANS FARMS, LLC, an Ohio limited liability company (the “Intermediate Parent”), the other Guarantors (defined herein), the Lenders (defined herein), and BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender and L/C Issuer.
1.00 PURPOSEChange in Control Agreement • July 23rd, 2002 • Evans Bob Farms Inc • Retail-eating places • Ohio
WITNESSETH:Employment Agreement • July 14th, 2004 • Evans Bob Farms Inc • Retail-eating places • California
EXHIBIT 10.1 A G R E E M E N T This Agreement ("Agreement") is made between STEWART K. OWENS ("Executive") and BOB EVANS FARMS, INC. ("Bob Evans" or the "Company"). WHEREAS, the parties acknowledge it is in their individual and mutual best interests...Evans Bob Farms Inc • October 13th, 2005 • Retail-eating places • Ohio
Schedule A to Exhibit 10(e) Agreements between Bob Evans Farms, Inc. and certain of the executive officers of Bob Evans Farms, Inc. substantially identical to Agreement, dated February 24, 1989, between Daniel E. Evans and Bob Evans Farms, Inc. On the...Evans Bob Farms Inc • July 23rd, 1998 • Retail-eating places
EXHIBIT 99.2 EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement") is made and entered into to be effective as of May 1, 2006, by and between Bob Evans Farms, Inc., a Delaware corporation (the "Company"), and Steven A. Davis (the "Executive")....Employment Agreement • May 2nd, 2006 • Evans Bob Farms Inc • Retail-eating places • Ohio
750,000,000 REVOLVING CREDIT FACILITY AMENDED AND RESTATED CREDIT AGREEMENT by and among BOB EVANS FARMS, LLC, as Borrower and THE GUARANTORS PARTY HERETO and THE LENDERS PARTY HERETO and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent and PNC...Credit Agreement • March 4th, 2014 • Bob Evans Farms Inc • Retail-eating places
THIS AMENDED AND RESTATED CREDIT AGREEMENT (as hereafter amended, the “Agreement”) is dated as of January 2, 2014 and is made by and among BOB EVANS FARMS, LLC, an Ohio limited liability company, successor by conversion to Bob Evans Farms, Inc., an Ohio corporation (the “Borrower”), each of the GUARANTORS (as hereinafter defined), the LENDERS (as hereinafter defined), and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Lenders under this Agreement (hereinafter referred to in such capacity as the “Administrative Agent”).
RECITALS:Evans Bob Farms Inc • July 12th, 2004 • Retail-eating places • Ohio
ANDNote Purchase Agreement • July 29th, 2004 • Evans Bob Farms Inc • Retail-eating places • New York
EXHIBIT 10.1 RESTRICTED STOCK AWARD NOTICE AND AGREEMENTRestricted Stock • June 20th, 2005 • Evans Bob Farms Inc • Retail-eating places
EMPLOYMENT AGREEMENTEmployment Agreement • June 15th, 2017 • Bob Evans Farms Inc • Retail-eating places • Ohio
This Employment Agreement (“Agreement”) is entered into as of April 29, 2017 by and between Bob Evans Farms, Inc., a Delaware corporation (the “Company”), and J. Michael Townsley (the “Executive”).
Exhibit 10.2 September 15, 2005 Larry C. Corbin 4460 Hoover Road Grove City, Ohio 43123 Dear Larry: This letter agreement sets forth the terms and conditions of the employment relationship between you and Bob Evans Farms, Inc., a Delaware corporation...Evans Bob Farms Inc • September 16th, 2005 • Retail-eating places
THIRD AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • July 15th, 2013 • Bob Evans Farms Inc • Retail-eating places • Ohio
This Third Amended and Restated Employment Agreement (“Agreement”) is entered into as of July 9, 2013, by and between Bob Evans Farms, Inc., a Delaware corporation (the “Company”), and Steven A. Davis (the “Executive”).
SEVERANCE AGREEMENT AND GENERAL RELEASESeverance Agreement and General Release • June 15th, 2017 • Bob Evans Farms Inc • Retail-eating places • Ohio
This Severance Agreement and General Release (“Agreement”) is made between John J. Fisher (“Employee”) and BEF MANAGEMENT, INC., an Ohio corporation (“Bob Evans” or the “Company”).
BOB EVANS FARMS, INC. 2006 EQUITY AND CASH INCENTIVE PLAN RESTRICTED STOCK AWARD AGREEMENT (For Employees — LTIP)Restricted Stock Award Agreement • April 25th, 2007 • Evans Bob Farms Inc • Retail-eating places • Ohio
Bob Evans Farms, Inc. (“we” or “us”) has granted to you restricted shares of our common stock, par value $0.01 per share (“Restricted Stock”), subject to the terms and conditions described in the Bob Evans Farms, Inc. 2006 Equity and Cash Incentive Plan (the “Plan”) and this Restricted Stock Award Agreement (this “Award Agreement”).
RETIREMENT AGREEMENTRetirement Agreement • July 19th, 2010 • Evans Bob Farms Inc • Retail-eating places • Ohio
This Retirement Agreement (this “Agreement”) is made between Bob Evans Farms, Inc., an Ohio corporation (the “Company”) and Donald Radkoski (“Employee”), an individual residing at 450 East Aspen Meadow Lane, Alta, Wyoming 83414.
Assumption AgreementAssumption Agreement • January 7th, 2009 • Evans Bob Farms Inc • Retail-eating places • New York
This Assumption Agreement (this “Agreement”) is entered into as of December 31, 2008 by Bob Evans Farms, Inc., an Ohio corporation (the “Successor Corporation”), in favor of the persons or entities listed on Schedule A attached to the Note Purchase Agreement (defined below) and their successors (collectively, the “Noteholders”), each of which is a party to (or a transferee of a party to) that certain Note Purchase Agreement dated as of July 28, 2008, among Bob Evans Farms, Inc., a Delaware corporation (the “Parent Guarantor”), and BEF Holding Co., Inc., a Delaware corporation (the “Issuer”), and the several Noteholders (the “Note Purchase Agreement”). Capitalized terms used herein without definition (including, without limitation, in Exhibits A-1, A-2, B, C, D and E hereto) shall have the meanings assigned to such terms in the Note Purchase Agreement.
AMENDED AND RESTATED CHANGE IN CONTROL AGREEMENTChange in Control Agreement • December 31st, 2008 • Evans Bob Farms Inc • Retail-eating places • Ohio
This Agreement between (“Executive”) and Bob Evans Farms, Inc., a Delaware corporation (the “Corporation”), was originally effective May 1, 2002 (“Effective Date”) and superceded any similar agreement between the Executive and the Corporation. The Parties hereby amend and restate this Agreement in its entirety effective [ ], 2008 (the “Restatement Effective Date”).
MASTER LEASE AGREEMENT between BE PORTFOLIO, LLC, a Delaware limited liability company and BOB EVANS FARMS, LLC, an Ohio limited liability company Dated April 14, 2016Master Lease Agreement • June 23rd, 2016 • Bob Evans Farms Inc • Retail-eating places • Ohio
THIS MASTER LEASE AGREEMENT (this “Lease”) is made as of April 14, 2016 (the “Effective Date”), by and between BE PORTFOLIO, LLC, a Delaware limited liability company (“Landlord”), whose address is c/o Mesirow Realty Sale-Leaseback, Inc., 353 N. Clark Street, Chicago, Illonois 60654, and BOB EVANS FARMS, LLC, an Ohio limited liability company (“Tenant”), whose address is 8111 Smith’s Mill Road, New Albany, Ohio 43054. The obligations of Tenant under this Lease are guaranteed by BOB EVANS FARMS, INC., a Delaware corporation (“Parent”) and BEF FOODS, INC., an Ohio corporation (“BEF”) (Parent and BEF being collectively “Lease Guarantor”) pursuant to a Lease Guaranty of even date herewith (the “Lease Guaranty”). In consideration of the mutual covenants and agreements herein contained, Landlord and Tenant hereby covenant and agree as follows:
SEVERANCE AGREEMENT AND GENERAL RELEASESeverance Agreement and General Release • October 18th, 2013 • Bob Evans Farms Inc • Retail-eating places • Ohio
This Severance Agreement and General Release (“Agreement”) is made as of the 16 day of October, 2013 (the “Effective Date”) between RICHARD B. GREEN (“Employee”) and BEF MANAGEMENT, INC., an Ohio corporation (“Bob Evans” or the “Company”).
LEASE GUARANTYLease Guaranty • December 2nd, 2015 • Bob Evans Farms Inc • Retail-eating places • New York
THIS LEASE GUARANTY (this “Guaranty”) is made and given as of October 23, 2015, by BOB EVANS FARMS, INC., a Delaware corporation (“Guarantor”), in favor of BROADSTONE BEF PORTFOLIO, LLC, a New York limited liability company (“Landlord”).
FORM OF LEASE GUARANTY (POOL #[__])Lease Guaranty • June 23rd, 2016 • Bob Evans Farms Inc • Retail-eating places • Ohio
THIS LEASE GUARANTY (this “Guaranty”) is made and given as of April 14, 2016, by BOB EVANS FARMS, INC., a Delaware corporation (“Parent”), and BEF FOODS, INC., an Ohio corporation (“BEF”) (Parent and BEF being collectively “Guarantors” and severally a “Guarantor”), in favor of NATIONAL RETAIL PROPERTIES TRUST, a Maryland real estate investment trust (“Landlord”). The liability of the Guarantors under this Guaranty shall be joint and several.
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • March 2nd, 2016 • Bob Evans Farms Inc • Retail-eating places • Ohio
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made and entered into as of February 23, 2016 (the “Effective Date”), by and among NATIONAL RETAIL PROPERTIES, LP, a Delaware limited partnership (“Buyer”) and BOB EVANS FARMS, LLC, a Ohio limited liability company (“Seller”), and BOB EVANS FARMS, INC., a Delaware corporation (“Lease Guarantor”).
GUARANTY (All Debt)Guaranty • December 31st, 2008 • Evans Bob Farms Inc • Retail-eating places
FORM OF OPPORTUNITY AND RETENTION AWARD AGREEMENT (Retirement Eligible Version)Opportunity and Retention Award Agreement • September 2nd, 2015 • Bob Evans Farms Inc • Retail-eating places • Ohio
Bob Evans Farms, Inc. (the “Company”) hereby grants the undersigned Participant an Other Stock-Based Award consisting of (a) restricted stock units (“RSUs”) and related dividend equivalent rights (“DERs”), and/or (b) Shares of Restricted Stock, subject to the terms and conditions described in the Bob Evans Farms, Inc. 2010 Equity and Cash Incentive Plan (the “Plan”) and this Award Agreement (this “Award Agreement”).
GUARANTY AGREEMENTGuaranty Agreement • April 22nd, 2010 • Evans Bob Farms Inc • Retail-eating places • Ohio
THIS GUARANTY AGREEMENT (this “Guaranty”) is made and entered into as of this 20th day of April 2010, by BOB EVANS FARMS, INC. (the “Guarantor”), a Delaware corporation, with an address at 3776 S. High Street, Columbus, Ohio 43207, in consideration of the extension of credit by PNC BANK, NATIONAL ASSOCIATION (the “Bank”), with an address at 155 E. Broad St., Columbus, OH 43215, to BOB EVANS FARMS, INC. (the “Borrower”), an Ohio corporation, with an address at 3776 S. High Street, Columbus, Ohio 43207, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA DEFINED CONTRIBUTION PROTOTYPE PLAN AND TRUST AGREEMENTPlan and Trust Agreement • June 23rd, 2016 • Bob Evans Farms Inc • Retail-eating places
Continuing GuarantyContinuing Guaranty • October 6th, 2008 • Evans Bob Farms Inc • Retail-eating places • Ohio
Guaranty. To induce JPMorgan Chase Bank, N.A., whose address is 100 E. Broad St., Columbus, OH 43215 (together with its successors and assigns, the “Bank”), at its option, to make financial accommodations, make or acquire loans, extend or continue credit or some other benefit, including letters of credit and foreign exchange contracts, present or future, direct or indirect, and whether several, joint or joint and several, to BEF Holding Co., Inc. (whether one or more, the “Borrower”, individually and collectively, if more than one), and because the undersigned (the “Guarantor”) has determined that executing this Guaranty is in its interest and to its financial benefit, the Guarantor absolutely and unconditionally guarantees to the Bank, as primary obligor and not merely as surety, the performance of and full and prompt payment of the Liabilities when due, whether at stated maturity, by acceleration or otherwise. The Guarantor will not only pay the Liabilities, but will also reimburse t
BOB EVANS FARMS, INC. AND AFFILIATES FOURTH AMENDED AND RESTATED SUPPLEMENTAL EXECUTIVE RETIREMENT PLANBob Evans Farms Inc • June 23rd, 2016 • Retail-eating places • Ohio
On April 17, 1992, Bob Evans Farms, Inc. (“Corporation”) adopted the Bob Evans Farms, Inc. Supplemental Executive Retirement Plan to provide deferred and incentive compensation to a select group of its management or highly compensated employees. The Plan was amended and restated effective May 1, 1998, effective May 1, 2002, and effective January 1, 2008. Effective June 10, 2009, the Plan was amended to provide that no additional individuals shall be eligible to participate in the Plan. Effective as of January 1, 2015, the Corporation adopts this fourth amended and restated version of the Plan. This Plan is intended to be an unfunded, nonqualified program of deferred compensation within the meaning of Title I of ERISA.
GUARANTY (All Debt)Guaranty • December 27th, 2007 • Evans Bob Farms Inc • Retail-eating places
GUARANTY (All Debt)Guaranty • December 27th, 2007 • Evans Bob Farms Inc • Retail-eating places
RESTRICTED STOCK AWARD NOTICE AND AGREEMENTRestricted Stock Award Notice and Agreement • June 29th, 2010 • Evans Bob Farms Inc • Retail-eating places
THIS RESTRICTED STOCK AWARD NOTICE AND AGREEMENT IS NOT A STOCK CERTIFICATE OR A NEGOTIABLE INSTRUMENT. THE STOCK SUBJECT TO THIS RESTRICTED STOCK AWARD NOTICE AND AGREEMENT CANNOT BE TRANSFERRED, PLEDGED, ASSIGNED OR OTHERWISE ENCUMBERED UNTIL ALL APPLICABLE VESTING CONDITIONS ARE SATISFIED.
