STOCK OPTION AGREEMENT UNDER THE 1999 OMNIBUS STOCK INCENTIVE PLAN (Nonemployee Director Stock Option)Stock Option Agreement • December 9th, 2004 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Ohio
AMENDED AND RESTATED LOAN AGREEMENT DATED AS OF SEPTEMBER 14, 2004Loan Agreement • September 17th, 2004 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Massachusetts
2,400,000 Shares(1) Common Stock ($0.01 par value)Underwriting Agreement • August 27th, 1999 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • New York
FIRST AMENDMENT TOLoan Agreement • September 7th, 2005 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores
Cumulative Net Income Factor " shall mean for any period of time commencing with the beginning of Parent's fiscal year which ended in January 1996, (i) that amount which is the sum of fifty percent (50%) of the Net Income, if any, for Parent's fiscal...Loan Agreement • June 13th, 1997 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • New York
4. Section 1.01 of the Loan Agreement is amended by adding the following defined terms in the correct alphabetical order: 1Loan Agreement • December 14th, 1999 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • New York
AMENDMENT NO. 3 TO AMENDED AND RESTATED LOAN AGREEMENT AND TO OTHER LOAN DOCUMENTS AMENDMENT AGREEMENT, dated as of January 11, 2000, to the Amended and Restated Loan Agreement, dated as of July 31, 1995 (as the same has been or may be further...Loan Agreement • April 14th, 2000 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • New York
RecitalsEmployment Agreement • October 12th, 2005 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Ohio
July 17, 2007Loan Agreement • July 18th, 2007 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores
Reference is hereby made to that certain Amended and Restated Loan Agreement dated as of September 14, 2004 (as amended, restated, supplemented, or otherwise modified from time to time, the "LOAN AGREEMENT"), by (i) Rex Radio and Television, Inc. (the "LEAD BORROWER"), for itself and the other Borrowers party thereto, (ii) the Borrowers party thereto, (iii) the Lenders party thereto, (iv) Bank of America, N.A., f/k/a Fleet Retail Group, Inc., as agent for the Lenders (in such capacity, the "AGENT"), and (v) KeyBank National Association, as Syndication Agent. All capitalized terms used herein but not defined herein shall have the meanings assigned to them in the Loan Agreement.
RECITALS --------Loan Agreement • July 18th, 2007 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores
EXHIBIT 10(d) EMPLOYMENT AGREEMENT THIS AGREEMENT is entered into as of the 17th day of April, 2001, between Rex Radio and Television, Inc., an Ohio corporation (the "Corporation"), and Lawrence Tomchin (the "Employee").Employment Agreement • April 19th, 2002 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Ohio
STOCK OPTION AGREEMENT UNDER THE 1999 OMNIBUS STOCK INCENTIVE PLANStock Option Agreement • December 9th, 2004 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Ohio
EXHIBIT 10(c) EMPLOYMENT AGREEMENT THIS AGREEMENT is entered into as of the 17th day of April, 2001, between Rex Radio and Television, Inc., an Ohio corporation (the "Corporation"), and Stuart A. Rose (the "Employee").Employment Agreement • April 19th, 2002 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Ohio
Recitals --------Employment Agreement • November 30th, 2005 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Ohio
CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • April 14th, 2008 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Nebraska
This Construction Loan Agreement (the "AGREEMENT") is dated as of the 20th day of September, 2007, and is by and among ONE EARTH ENERGY, LLC, an Illinois limited liability company ("BORROWER"), FIRST NATIONAL BANK OF OMAHA ("FNBO"), a national banking association headquartered at Omaha, Nebraska as a BANK and as administrative agent for the BANKS (in such capacity, the “ADMINISTRATIVE AGENT”), as accounts bank (in such capacity, the “ACCOUNTS BANK”) and as collateral agent for the BANKS (in such capacity, the “COLLATERAL AGENT”), and the other financial institutions which are or may become a party to this AGREEMENT in accordance with the terms of this AGREEMENT and listed in Exhibit H to this AGREEMENT.
EMPLOYMENT AGREEMENTEmployment Agreement • June 8th, 2015 • REX AMERICAN RESOURCES Corp • Industrial organic chemicals • Ohio
THIS AGREEMENT is entered into as of the 2nd day of June, 2015 between REX RADIO AND TELEVISION, INC., an Ohio corporation (the “Corporation”), and STUART A. ROSE (the “Employee”), under the following circumstances:
RecitalsEmployment Agreement • December 11th, 1995 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Ohio
RecitalsEmployment Agreement • December 15th, 1998 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Ohio
NO. 98-71 REX Stores Corporation NONQUALIFIED EXECUTIVE STOCK OPTION REX Stores Corporation (the "Company") hereby grants to LAWRENCE TOMCHIN (the "Optionee"), effective October 14, 1998 (the "Effective Date"), as a matter of separate inducement and...Nonqualified Executive Stock Option • December 15th, 1998 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores
September 30, 2009Lease Agreement • October 6th, 2009 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores
Pursuant to the parties’ discussions, this letter memorializes the terms for the Appliance Direct affiliates (collectively, “Tenants”) to vacate the Leased Premises listed on Schedule A attached to this letter, remove Tenants’ personal property and inventory and turn over possession of the Premises to Rex Radio and Television, Inc., Kelly & Cohen Appliances, Inc. and Stereo Town, Inc. (collectively, “Landlords”).
FIFTH AMENDMENT OF CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • June 2nd, 2011 • REX AMERICAN RESOURCES Corp • Industrial organic chemicals
THIS FIFTH AMENDMENT OF CONSTRUCTION LOAN AGREEMENT (“Amendment”) is made this 31st day of May, 2011 by and among ONE EARTH ENERGY, LLC, an Illinois limited liability company (“BORROWER”), FIRST NATIONAL BANK OF OMAHA (“FNBO”), a national banking association headquartered in Omaha, Nebraska as a BANK and as administrative agent for the BANKS (in such capacity, the “ADMINISTRATIVE AGENT”), as accounts bank (in such capacity, the “ACCOUNTS BANK”) and as collateral agent for the BANKS (in such capacity, the “COLLATERAL AGENT”), and the BANKS party to the AGREEMENT. This Amendment amends that certain Construction Loan Agreement dated September 20, 2007 among the AGENT, BANKS and BORROWER (“AGREEMENT”).
FIRST AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT AND OTHER LOAN DOCUMENTSConstruction and Term Loan Agreement • April 14th, 2008 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Illinois
THIS FIRST AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT AND OTHER LOAN DOCUMENTS (this "Amendment"), dated as of August 7, 2007, is executed by and among LEVELLAND/HOCKLEY COUNTY ETHANOL, LLC, a Texas limited liability company (the "Borrower"), each of the Lenders or other lending institutions which is a signatory hereto or any successor or assignee thereof, and MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., a Delaware corporation (in its capacity as administrative agent for the Lenders, together with its successors in such capacity, the "Administrative Agent").
SECOND GLOBAL AMENDMENT TO MULTIPLE LEASESSecond Global Amendment to Multiple Leases • July 31st, 2009 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores
THIS SECOND GLOBAL AMENDMENT TO MULTIPLE LEASES (this “Amendment”) is made as of the 31st day of July, 2009 (the “Effective Date”), by and between REX RADIO AND TELEVISION, INC., an Ohio corporation (“Rex”), KELLY & COHEN APPLIANCES, INC., an Ohio corporation (“Kelly & Cohen”), and STEREO TOWN, INC., a Georgia corporation (“Stereo Town”) (collectively, Rex, Kelly & Cohen and Stereo Town, “Landlord”), all having an address at 2875 Needmore Road, Dayton, Ohio 45414, and APPLIANCE DIRECT, INC., a Florida corporation (“Appliance Direct”), and the “Tenants” as hereinafter defined, all having an address at 397 North Babcock Street, Melbourne, Florida 32935, under the following circumstances:
SIXTH AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • April 16th, 2009 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Illinois
THIS SIXTH AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT (this “Amendment”), dated as of January 29, 2009, is executed by and among LEVELLAND/HOCKLEY COUNTY ETHANOL, LLC, a Texas limited liability company (the “Borrower”), each of the Lenders or other lending institutions which is a signatory hereto or any successor or assignee thereof, and GE BUSINESS FINANCIAL SERVICES INC., formerly known as Merrill Lynch Business Financial Services Inc.1 (in its capacity as administrative agent for the Lenders, together with its successors in such capacity, the “Administrative Agent”).
PURCHASE AND SALE AGREEMENT by and among REX RADIO AND TELEVISION, INC., KELLY & COHEN APPLIANCES, INC. and STEREO TOWN, INC., as Seller, REX STORES CORPORATION, and COVENTRY REAL ESTATE INVESTMENTS, LLC, as PurchaserPurchase and Sale Agreement • April 16th, 2007 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Ohio
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made as of the 8th day of February, 2007 (the “Effective Date”), by and between REX RADIO AND TELEVISION, INC., an Ohio corporation (“Seller One”), KELLY & COHEN APPLIANCES, INC., an Ohio corporation (“Seller Two”), and STEREO TOWN, INC., a Georgia corporation (“Seller Three”), all having an address at 2875 Needmore Road, Dayton, OH 45414 (collectively, Seller One, Seller Two and Seller Three, “Seller”), REX STORES CORPORATION, a Delaware corporation (“REX Stores”), and COVENTRY REAL ESTATE INVESTMENTS, LLC, a Delaware limited liability company having an address c/o Coventry Real Estate Advisors, L.L.C., 1 East 52nd Street, 4th Floor, New York, NY 10022 (“Purchaser”).
SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • April 14th, 2006 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores
This Second Amendment to Amended and Restated Loan Agreement (the “Second Amendment”) is made as of the 26th day of January, 2006 by and among
CONSULTING SERVICES AGREEMENTConsulting Services Agreement • December 5th, 2024 • REX AMERICAN RESOURCES Corp • Industrial organic chemicals • Illinois
One Earth Sequestration LLC (“Client”) enters into this Consulting Services Agreement (the “Agreement”) effective as of August 1, 2024 (the “Effective Date”), to retain Highstake 35 LLC dba Mercury Public Affairs (“Consultant”), to perform the services described herein. Client and Consultant may each be referred to herein as a “Party,” and together as the “Parties.”
SECOND AMENDMENT OF CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • April 16th, 2010 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores
THIS SECOND AMENDMENT OF CONSTRUCTION LOAN AGREEMENT (“Amendment”) is made this ____ day of January, 2009 by and among ONE EARTH ENERGY, LLC, an Illinois limited liability company (“BORROWER”), FIRST NATIONAL BANK OF OMAHA (“FNBO”), a national banking association headquartered in Omaha, Nebraska as a BANK and as administrative agent for the BANKS (in such capacity, the “ADMINISTRATIVE AGENT”), as accounts bank (in such capacity, the “ACCOUNTS BANK”) and as collateral agent for the BANKS (in such capacity, the “COLLATERAL AGENT”), and the BANKS party to the AGREEMENT. This Amendment amends that certain Construction Loan Agreement dated September 20, 2007 among the AGENT, BANKS and BORROWER (“AGREEMENT”).
EIGHTH AMENDMENT OF CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • September 5th, 2013 • REX AMERICAN RESOURCES Corp • Industrial organic chemicals • Nebraska
THIS EIGHTH AMENDMENT OF CONSTRUCTION LOAN AGREEMENT (“Amendment”) is made this 29th day of May, 2013 by and among ONE EARTH ENERGY, LLC, an Illinois limited liability company (“BORROWER”), FIRST NATIONAL BANK OF OMAHA (“FNBO”), a national banking association headquartered in Omaha, Nebraska as a BANK and as administrative agent for the BANKS (in such capacity, the “ADMINISTRATIVE AGENT”), as accounts bank (in such capacity, the “ACCOUNTS BANK”) and as collateral agent for the BANKS (in such capacity, the “COLLATERAL AGENT”), and the BANKS party to the AGREEMENT. This Amendment amends that certain Construction Loan Agreement dated September 20, 2007 among the AGENT, BANKS and BORROWER (“AGREEMENT”).
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • April 14th, 2008 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Ohio
THIS AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (the “Amendment”) is entered into as of the 10th day of December, 2007 between Rex Radio and Television, Inc., an Ohio corporation (the “Corporation”), and David L. Bearden (the “Employee”).
FIFTH AMENDMENT OF LOAN AGREEMENTLoan Agreement • August 29th, 2014 • REX AMERICAN RESOURCES Corp • Industrial organic chemicals • Nebraska
THIS FIFTH AMENDMENT OF LOAN AGREEMENT (“Amendment”) is entered into and effective as of the 31st day of May, 2014 among NUGEN ENERGY, LLC, a South Dakota limited liability company (“Borrower”), FIRST NATIONAL BANK OF OMAHA in its capacities as Agent and a Bank (“Agent”) and the Banks party to the Loan Agreement referenced below, and amends that certain Loan Agreement dated November 1, 2011 among Borrower, the Agent and Banks (as amended, the “Loan Agreement”).
THIRD AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENTConstruction and Term Loan Agreement • April 14th, 2008 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Illinois
THIS THIRD AMENDMENT TO CONSTRUCTION AND TERM LOAN AGREEMENT (this "Amendment"), dated as of February 19, 2008, is executed by and among LEVELLAND/HOCKLEY COUNTY ETHANOL, LLC, a Texas limited liability company (the "Borrower"), each of the Lenders or other lending institutions which is a signatory hereto or any successor or assignee thereof, and MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., a Delaware corporation (in its capacity as administrative agent for the Lenders, together with its successors in such capacity, the "Administrative Agent").
AMENDMENT NO. 4 TO EMPLOYMENT AGREEMENTEmployment Agreement • October 6th, 2009 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores • Ohio
THIS AMENDMENT NO. 4 TO EMPLOYMENT AGREEMENT (this “Amendment”) is entered into as of the 30th day of September, 2009 between Rex Radio and Television, Inc., an Ohio corporation (the “Corporation”), and David L. Bearden (“Employee”).
FIRST AMENDMENT OF LOAN AGREEMENTLoan Agreement • April 9th, 2013 • REX AMERICAN RESOURCES Corp • Industrial organic chemicals
THIS FIRST AMENDMENT OF LOAN AGREEMENT (“Amendment”) is entered into and effective as of the 1st day of November, 2012 among NUGEN ENERGY, LLC, a South Dakota limited liability company (“Borrower”), FIRST NATIONAL BANK OF OMAHA in its capacities as Agent and a Bank (“Agent”) and the Banks party to the Loan Agreement referenced below, and amends that certain Loan Agreement dated November 1, 2011 among Borrower, the Agent and Banks (as amended, the “Loan Agreement”).
NONQUALIFIED EXECUTIVE STOCK OPTIONNonqualified Executive Stock Option • April 19th, 2002 • Rex Stores Corp • Retail-radio, tv & consumer electronics stores
