Big Lots Inc Sample Contracts

WITNESSETH:
Employment Agreement • March 30th, 2004 • Big Lots Inc • Retail-variety stores • Ohio
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CONSOLIDATED STORES CORPORATION The Company, and THE BANK OF NEW YORK The Trustee,
First Supplemental Indenture • April 23rd, 1997 • Consolidated Stores Corp /De/ • Retail-variety stores • New York
FIRST AMENDMENT TO NOTE PURCHASE AGREEMENT
Note Purchase Agreement • May 3rd, 2002 • Big Lots Inc • Retail-variety stores • Illinois
TO
Credit Agreement • June 11th, 1997 • Consolidated Stores Corp /De/ • Retail-variety stores • Ohio
EXECUTION COPY] THIRD AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • June 14th, 2002 • Big Lots Inc • Retail-variety stores • Ohio
and
Rights Agreement • April 12th, 1999 • Consolidated Stores Corp /De/ • Retail-variety stores • Delaware
WITNESSETH:
Security Agreement • May 3rd, 2002 • Big Lots Inc • Retail-variety stores • Ohio
by and among
Credit Agreement • June 15th, 2001 • Big Lots Inc • Retail-variety stores • Ohio
EXHIBIT 10.1 $500,000,000.00 REVOLVING CREDIT FACILITY CREDIT AGREEMENT
Credit Agreement • November 4th, 2004 • Big Lots Inc • Retail-variety stores • Ohio
WITNESSETH:
Security Agreement • May 3rd, 2002 • Big Lots Inc • Retail-variety stores • Ohio
EMPLOYMENT AGREEMENT BY AND AMONG BIG LOTS, INC., BIG LOTS STORES, INC. AND MICHAEL J. POTTER
Employment Agreement • January 12th, 2005 • Big Lots Inc • Retail-variety stores • Ohio
WITNESSETH: -----------
Merger Agreement • June 15th, 2001 • Big Lots Inc • Retail-variety stores
1 EXHIBIT 10(a) $700,000,000 REVOLVING CREDIT FACILITY AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • September 10th, 1998 • Consolidated Stores Corp /De/ • Retail-variety stores • Ohio
AMENDED AND RESTATED EMPLOYMENT AGREEMENT BY AND AMONG BIG LOTS, INC., BIG LOTS STORES, INC. AND NORMAN J. RANKIN
Employment Agreement • December 9th, 2008 • Big Lots Inc • Retail-variety stores • Ohio

This amended and restated employment agreement (“Agreement”) by and among Big Lots, Inc. (“BLI”), Big Lots Stores, Inc. (“Big Lots”) and their affiliates, predecessor, successor, subsidiaries and other related companies (collectively the “Company”) and Norman J. Rankin (“Executive”), collectively, the “Parties,” is effective as of December 5, 2008 (“Effective Date”) and supersedes and replaces any other oral or written agreement or understanding concerning the terms of the Executive’s employment with the Company but does not supersede or replace any agreement or arrangement between the Executive or any Group Member (as defined in Section 4.02[1]) relating to the payment of compensation or benefits earned (or deemed earned) on account of services performed for a Group Member before the Effective Date.

BIG LOTS, INC.
Non-Qualified Stock Option Grant Agreement • September 13th, 2004 • Big Lots Inc • Retail-variety stores

BIG LOTS, INC., an Ohio Corporation (the "Company"), hereby grants to the individual named below (the "Optionee"), subject to and conditioned upon Optionee's acceptance of all the terms and conditions of the Big Lots, Inc. 1996 Performance Incentive Plan as amended (the "Plan"), the right to purchase (the "Option"), at the option of the Optionee, an aggregate of the number of shares of Common Stock (the "Number of Shares") listed below, par value $.01 per share, of the Company upon the following terms and conditions:

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BIG LOTS 2020 LONG-TERM INCENTIVE PLAN RESTRICTED STOCK UNITS AWARD AGREEMENT
Restricted Stock Units Award Agreement • March 9th, 2021 • Big Lots Inc • Retail-variety stores

This Agreement describes the RSUs and DERs you have been granted and the conditions that must be met before the RSUs vest and you become entitled to receive the Shares underlying the RSUs and any cash accrued under the DERs. To ensure that you fully understand these terms and conditions, you should carefully read the Plan and this Agreement.

BIG LOTS 2020 LONG-TERM INCENTIVE PLAN PERFORMANCE SHARE UNITS AWARD AGREEMENT
Performance Share Units Award Agreement • March 9th, 2021 • Big Lots Inc • Retail-variety stores

This Agreement describes the PSUs and DERs you have been granted and the conditions that must be met before the PSUs vest and you become entitled to receive the Shares underlying the PSUs and any cash accrued under the DERs. To ensure that you fully understand these terms and conditions, you should carefully read the Plan and this Agreement.

SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT BY AND AMONG BIG LOTS, INC., BIG LOTS STORES, INC. AND JOE R. COOPER
Employment Agreement • May 3rd, 2013 • Big Lots Inc • Retail-variety stores • Ohio

This second amended and restated employment agreement (“Agreement”) by and among Big Lots, Inc. (“BLI”), Big Lots Stores, Inc. (“Big Lots”) and their affiliates, predecessor, successor, subsidiaries and other related companies (collectively the “Company”) and Joe R. Cooper (“Executive”), collectively, the “Parties,” is effective as of May 3, 2013 (“Effective Date”) and supersedes and replaces any other oral or written agreement or understanding concerning the terms of the Executive's employment with the Company but does not supersede or replace any agreement or arrangement between the Executive or any Group Member (as defined in Section 4.02[1]) relating to the payment of compensation or benefits earned (or deemed earned) on account of services performed for a Group Member before the Effective Date.

LEASE AGREEMENT By and Between BIG AVCA Owner LLC, a Delaware limited liability company (Landlord) and BLBO Tenant, LLC, an Ohio limited liability company (Tenant)
Lease Agreement • August 31st, 2023 • Big Lots Inc • Retail-variety stores • Illinois

THIS LEASE AGREEMENT (this “Lease”) is entered into as of the 25th day of August, 2023 (the “Effective Date”), by and between BIG AVCA Owner LLC, a Delaware limited liability company (individually and/or collectively, as the context may require, “Landlord”), and BLBO Tenant, LLC, a, Ohio limited liability company (“Tenant”).

LEASE AGREEMENT DATED AS OF MARCH 15, 2023 BETWEEN BANKERS COMMERCIAL CORPORATION, AS THE LESSOR, AND AVDC, LLC AS THE LESSEE
Lease Agreement • June 7th, 2023 • Big Lots Inc • Retail-variety stores • New York

THIS LEASE AGREEMENT, dated as of March 15, 2023 (as amended, supplemented, or otherwise modified from time to time, this “Lease Agreement”), is between BANKERS COMMERCIAL CORPORATION, a California corporation, as the Lessor (the “Lessor”), and whose principal offices are located at 445 S. Figueroa Street, 14th Floor, Los Angeles, California 90071, and AVDC, LLC, an Ohio limited liability company, as the Lessee (the “Lessee”), and whose principal offices are located at 4900 E. Dublin Granville, Columbus, Ohio 43081.

BIG LOTS 2020 LONG-TERM INCENTIVE PLAN DEFERRAL ELECTION FORM AND DEFERRED STOCK UNIT AWARD AGREEMENT FOR NONEMPLOYEE DIRECTORS
Deferred Stock Unit Award Agreement • June 10th, 2020 • Big Lots Inc • Retail-variety stores • Ohio

In accordance with the terms of the Big Lots 2020 Long-Term Incentive Plan, as may be amended (“Plan”), you are permitted to defer receipt of all or a portion of any restricted stock you would have been granted by the Company or an Affiliate under the Plan after this Big Lots 2020 Long-Term Incentive Plan Deferral Election Form and Deferred Stock Unit Award Agreement (“Deferral Election Form” or “Agreement”) becomes effective (“Effective Date”), and receive in lieu thereof an Award of elective Deferred Stock Units (“DSUs”).

EMPLOYMENT AGREEMENT BY AND AMONG BIG LOTS, INC., BIG LOTS STORES, INC. AND KENT LARSSON
Employment Agreement • August 22nd, 2005 • Big Lots Inc • Retail-variety stores • Ohio

This employment agreement (“Agreement”) by and among Big Lots, Inc. (“BLI”), Big Lots Stores, Inc. (“Big Lots”) and their affiliates, predecessor, successor, subsidiaries and other related companies (collectively the “Company”) and Kent Larsson (“Executive”), collectively, the “Parties,” is effective as of August 17, 2005 (“Effective Date”) and supersedes and replaces [1] any other oral or written agreement or understanding concerning the terms of the Executive’s employment with the Company including Executive’s Employment Agreement dated March 29, 2004, but does not supersede or replace [2] any agreement or arrangement between the Executive or any Group Member (as defined in Section 4.02[1]) relating to the payment of compensation or benefits earned (or deemed earned) on account of services performed for a Group Member before the Effective Date.

FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • March 29th, 2022 • Big Lots Inc • Retail-variety stores

THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is dated as of December 16, 2021 (the “Effective Date”) (subject to Paragraph 7 below) and is made by and among Big Lots Stores, Inc., an Ohio corporation (“BLS”), Big Lots, Inc., an Ohio corporation (the “Parent”) (BLS, Parent and the Designated Borrowers from time to time party to the Agreement (defined below) are each a “Borrower” and collectively, the “Borrowers”), the Guarantors, the Banks and PNC BANK, NATIONAL ASSOCIATION, in its capacity as the Administrative Agent (in such capacity, the “Administrative Agent”) under the Agreement (as hereinafter defined).

BIG LOTS INC.
Restricted Stock Award Agreement • January 12th, 2005 • Big Lots Inc • Retail-variety stores
FOURTH AMENDMENT TO CERTAIN OPERATIVE AGREEMENTS
Fourth Amendment to Certain Operative Agreements • December 7th, 2022 • Big Lots Inc • Retail-variety stores • New York

THIS PARTICIPATION AGREEMENT dated as of November 30, 2017 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, this “Agreement”) is by and among AVDC, LLC (formerly, AVDC, Inc.), an Ohio limited liability company (the “Construction Agent” or “Lessee”); the various entities which are parties hereto from time to time as guarantors (individually, a “Guarantor” and collectively, the “Guarantors”); WACHOVIA SERVICE CORPORATION, a Delaware corporation (the “Lessor”); the various banks and other lending institutions which are parties hereto from time to time as lease participants (individually, a “Lease Participant” and collectively, the “Lease Participants”); and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as the agent for the Lessor Parties and, respecting the Security Documents, as the agent for the Secured Parties (in such capacity, the “Agent”). Capitalized terms used but not otherwise defined in this Agreement shall have

500,000,000.00 REVOLVING CREDIT FACILITY CREDIT AGREEMENT by and among BIG LOTS STORES, INC., THE GUARANTORS PARTY HERETO, THE BANKS PARTY HERETO, PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent, WELLS FARGO BANK, National Association, as...
Revolving Credit Facility • April 30th, 2009 • Big Lots Inc • Retail-variety stores • Ohio

THIS CREDIT AGREEMENT is dated April 28, 2009 and is made by and among Big Lots Stores, Inc., an Ohio corporation (the "Borrower"), each of the Guarantors (as hereinafter defined), the Banks (as hereinafter defined), PNC Bank, National Association, in its capacity as administrative agent for the Banks under this Agreement (hereinafter referred to in such capacity as the "Administrative Agent"), Wells Fargo Bank, National Association, in its capacity as syndication agent for the Banks under this Agreement (hereinafter referred to in such capacity as the "Syndication Agent"), and U.S. Bank National Association, Branch Banking and Trust Company, Compass Bank and The Huntington National Bank, each in its capacity as a documentation agent for the Banks under this Agreement (hereinafter collectively referred to in such capacity as the "Documentation Agents").

REAL PROPERTY LEASE AGREEMENT
Real Property Lease Agreement • April 3rd, 2018 • Big Lots Inc • Retail-variety stores • New York

This Real Property Lease Agreement has been executed in several counterparts. To the extent, if any, that this Real Property Lease Agreement constitutes chattel paper (as such term is defined in the Uniform Commercial Code as in effect in any applicable jurisdiction), no security interest in this Real Property Lease Agreement may be created through the transfer or possession of any counterpart other than the original counterpart containing the receipt therefor executed by the Agent on the signature page hereof.

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