Exhibit 10.5 CREDIT AGREEMENT CREDIT AGREEMENT (as hereafter amended, from time to time, the "Credit Agreement") dated as of February 25, 1994, amending and restating the Credit Agreement dated as of February 25, 1994, as amended to date (such credit...Credit Agreement • December 12th, 1995 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Ohio
Contract Type FiledDecember 12th, 1995 Company Industry Jurisdiction
1 EXHIBIT 10.1(f) FIFTH AMENDMENT AND WAIVER TO CREDIT AGREEMENT This FIFTH AMENDMENT AND WAIVER TO CREDIT AGREEMENT (the "FIFTH AMENDMENT") is dated as of the 7th day of May, 2001 by and among DAIRY MART CONVENIENCE STORES, INC., a Delaware...Credit Agreement • May 7th, 2001 • Dairy Mart Convenience Stores Inc • Retail-convenience stores
Contract Type FiledMay 7th, 2001 Company Industry
betweenMerger Agreement • May 7th, 2001 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Delaware
Contract Type FiledMay 7th, 2001 Company Industry Jurisdiction
andRights Agreement • February 9th, 2000 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Delaware
Contract Type FiledFebruary 9th, 2000 Company Industry Jurisdiction
FIRST AMENDMENTRights Agreement • May 7th, 2001 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Delaware
Contract Type FiledMay 7th, 2001 Company Industry Jurisdiction
AGREEMENTSettlement Agreement • May 24th, 2000 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • New York
Contract Type FiledMay 24th, 2000 Company Industry Jurisdiction
1 Exhibit 10.18 LIMITED PARTNERSHIP AGREEMENTLimited Partnership Agreement • May 7th, 2001 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Connecticut
Contract Type FiledMay 7th, 2001 Company Industry Jurisdiction
ARTICLE IRegistration Rights Agreement • December 12th, 1995 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • New York
Contract Type FiledDecember 12th, 1995 Company Industry Jurisdiction
Exhibit 10.1(b) FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT --------------------------- FIRST AMENDMENT dated as of October 18, 2001 (this "AMENDMENT") to the LOAN AND SECURITY AGREEMENT dated as of September 26, 2001 (the "LOAN AGREEMENT"), by and...Loan and Security Agreement • July 2nd, 2002 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • New York
Contract Type FiledJuly 2nd, 2002 Company Industry Jurisdiction
AMONGCredit Agreement • April 27th, 2000 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Connecticut
Contract Type FiledApril 27th, 2000 Company Industry Jurisdiction
Agreement of Joint FilingJoint Filing Agreement • January 7th, 2002 • Dairy Mart Convenience Stores Inc • Retail-convenience stores
Contract Type FiledJanuary 7th, 2002 Company IndustryThis Agreement may be executed in counterparts, each of which when executed shall be deemed to be an original, and all of which together shall be deemed to constitute one and the same agreement.
1 Exhibit 10.7 EMPLOYMENT AGREEMENT This Agreement is effective January 1, 2000, by and between DAIRY MART CONVENIENCE STORES, INC., a Delaware corporation with its principal offices at 300 Executive Parkway West, Hudson, Ohio 44236 (the "Company"),...Employment Agreement • April 27th, 2000 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Ohio
Contract Type FiledApril 27th, 2000 Company Industry Jurisdiction
Exhibit 10.9 SEVERANCE AGREEMENT THIS AGREEMENT between Dairy Mart Convenience Stores, Inc., a Delaware corporation (hereinafter referred to as the "COMPANY"), and Gregory G. Landry (hereinafter referred to as the "EXECUTIVE"), dated as of this 15th...Severance Agreement • May 7th, 2001 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Ohio
Contract Type FiledMay 7th, 2001 Company Industry Jurisdiction
1 Exhibit 10.8 EMPLOYMENT AGREEMENT -------------------- This Agreement is effective January 1, 2000, by and between DAIRY MART CONVENIENCE STORES, INC., a Delaware corporation with its principal offices at 300 Executive Parkway West, Hudson, Ohio...Employment Agreement • April 27th, 2000 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Ohio
Contract Type FiledApril 27th, 2000 Company Industry Jurisdiction
Exhibit 10.6 MODIFICATION AGREEMENTModification Agreement • December 12th, 1995 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Connecticut
Contract Type FiledDecember 12th, 1995 Company Industry Jurisdiction
PREAMBLE --------Partnership Agreement • December 12th, 1995 • Dairy Mart Convenience Stores Inc • Retail-convenience stores
Contract Type FiledDecember 12th, 1995 Company Industry
Exhibit 10.3 THIS WARRANT AND THE CLASS A COMMON STOCK OR OTHER SECURITY ISSUABLE THEREFOR HAVE NOT BEEN REGISTERED UNDER THE U.S. SECURITIES ACT OF 1933, AS AMENDED, OR ANY OTHER APPLICABLE REGULATION OR LAW. ACCORDINGLY, NO TRANSFER OF THIS WARRANT...Stock Purchase Warrant • December 12th, 1995 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • New York
Contract Type FiledDecember 12th, 1995 Company Industry Jurisdiction
1 Exhibit 10.1.1 THIRD AMENDMENT TO CREDIT AGREEMENT This THIRD AMENDMENT TO CREDIT AGREEMENT (the "Third Amendment") is dated as of the 27th day of October, 2000 by and among DAIRY MART CONVENIENCE STORES, INC., a Delaware corporation (the...Credit Agreement • December 13th, 2000 • Dairy Mart Convenience Stores Inc • Retail-convenience stores
Contract Type FiledDecember 13th, 2000 Company Industry
as Trustee $75,000,000 aggregate principal amount of 10 1/4% Senior Subordinated Notes due 2004 $13,500,000 aggregate principal amount of 10-1/4% Senior Subordinated Notes (Series B) due 2004Indenture • December 12th, 1995 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • New York
Contract Type FiledDecember 12th, 1995 Company Industry Jurisdiction
AMONGAsset Purchase Agreement • July 7th, 1997 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Massachusetts
Contract Type FiledJuly 7th, 1997 Company Industry Jurisdiction
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 12th, 2000 • Dairy Mart Convenience Stores Inc • Retail-convenience stores
Contract Type FiledSeptember 12th, 2000 Company Industry
Exhibit 10.31 ------------- RETENTION AGREEMENT ------------------- THIS RETENTION AGREEMENT (this "Agreement") is made September __, 2001 by and between DAIRY MART CONVENIENCE STORES, INC., a Delaware corporation (the "Company"), and First_Name"...Retention Agreement • July 2nd, 2002 • Dairy Mart Convenience Stores Inc • Retail-convenience stores
Contract Type FiledJuly 2nd, 2002 Company Industry
EXHIBIT 10.8 AMENDED AND RESTATED EMPLOYMENT AGREEMENT This Agreement is effective November 1, 2001, by and between DAIRY MART CONVENIENCE STORES, INC., a Delaware corporation with its principal offices at 300 Executive Parkway West, Hudson, Ohio...Employment Agreement • July 2nd, 2002 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Ohio
Contract Type FiledJuly 2nd, 2002 Company Industry Jurisdiction
BY AND AMONG DAIRY MART CONVENIENCE STORES, INC. AND CERTAIN OF ITS SUBSIDIARIES THAT ARE SIGNATORIES HERETO, AS DEBTORS AND DEBTORS-IN-POSSESSION, AS BORROWERS,Loan and Security Agreement • December 18th, 2001 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • New York
Contract Type FiledDecember 18th, 2001 Company Industry Jurisdiction
RECITALSAsset Purchase Agreement • July 2nd, 2002 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • New York
Contract Type FiledJuly 2nd, 2002 Company Industry Jurisdiction
AGREEMENTPurchase Agreement • November 21st, 1995 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Connecticut
Contract Type FiledNovember 21st, 1995 Company Industry Jurisdiction
1 Exhibit 2.2 CLOSING AGREEMENT ----------------- This Closing Agreement ("Agreement"), dated as of June 19, 1997, is by and among DAIRY MART CONVENIENCE STORES, INC., a Delaware corporation ("Dairy Mart"), DAIRY MART, INC., a Massachusetts...Closing Agreement • July 7th, 1997 • Dairy Mart Convenience Stores Inc • Retail-convenience stores
Contract Type FiledJuly 7th, 1997 Company Industry
EXHIBIT 10.2 AGREEMENT OF AMENDMENT This AGREEMENT OF AMENDMENT (this "Agreement") dated as of January 31, 1997 among DAIRY MART CONVENIENCE STORES, INC. (the "Company"), BANK OF BOSTON CONNECTICUT, individually and as Agent under the Credit Agreement...Credit Agreement • May 1st, 1997 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Connecticut
Contract Type FiledMay 1st, 1997 Company Industry Jurisdiction
AGREEMENT OF AMENDMENT This AGREEMENT OF AMENDMENT (this "Agreement") dated as of January 1, 1998, among DAIRY MART CONVENIENCE STORES, INC. (the "Company"), BANK OF BOSTON CONNECTICUT, individually and as Agent under the Credit Agreement (as...Credit Agreement Amendment • May 1st, 1998 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Connecticut
Contract Type FiledMay 1st, 1998 Company Industry Jurisdiction
1 Exhibit 10.31 THIS AGREEMENT IS NOT AN OFFER WITH RESPECT TO ANY SECURITIES OR A SOLICITATION OF ANY KIND. SUCH AN OFFER OR SOLICITATION WILL BE MADE IN COMPLIANCE WITH ALL APPLICABLE SECURITIES LAWS. EXCHANGE AND VOTING AGREEMENT THIS EXCHANGE AND...Exchange and Voting Agreement • May 7th, 2001 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • New York
Contract Type FiledMay 7th, 2001 Company Industry Jurisdiction
1 Exhibit 10(A) FOURTH AMENDMENT TO CREDIT AGREEMENT This FOURTH AMENDMENT TO CREDIT AGREEMENT (the "FOURTH AMENDMENT") is dated as of the 14th day of March, 2001 by and among DAIRY MART CONVENIENCE STORES, INC., a Delaware corporation (the...Credit Agreement • March 16th, 2001 • Dairy Mart Convenience Stores Inc • Retail-convenience stores
Contract Type FiledMarch 16th, 2001 Company Industry
PREAMBLE --------Partnership Agreement • December 29th, 1997 • Dairy Mart Convenience Stores Inc • Retail-convenience stores
Contract Type FiledDecember 29th, 1997 Company Industry
WITNESSETH: -----------Employment Agreement • May 7th, 2001 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Ohio
Contract Type FiledMay 7th, 2001 Company Industry Jurisdiction
Ratio of Consolidated Indebtedness to Level Consolidated EBITDA Letter of Credit Rate ------------------------------------------------------------------- I Less than 3.00 to 1.00 1.00%...Credit Agreement • April 30th, 1999 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Connecticut
Contract Type FiledApril 30th, 1999 Company Industry Jurisdiction
This Agreement is effective January 18, 2000, by and between DAIRY MART CONVENIENCE STORES, INC., a Delaware corporation with its principal offices at 300 Executive Parkway West, Hudson, Ohio 44236 (the "Company") and WAYNE COLLEY, with his residence...Employment Agreement • April 27th, 2000 • Dairy Mart Convenience Stores Inc • Retail-convenience stores • Ohio
Contract Type FiledApril 27th, 2000 Company Industry Jurisdiction