Cost Plus Inc/Ca/ Sample Contracts

RECITALS
Severance Agreement • May 3rd, 2002 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • California
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COMMON STOCK
Underwriting Agreement • September 15th, 1997 • Cost Plus Inc/Ca/ • Retail-variety stores • Maryland
RECITALS --------
Employment Agreement • April 30th, 1997 • Cost Plus Inc/Ca/ • Retail-variety stores • California
AGREEMENT ---------
Business Loan Agreement • December 14th, 2001 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores
EXECUTION VERSION CREDIT AGREEMENT Dated as of May 29, 2002
Credit Agreement • June 17th, 2002 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • California
AMENDMENT NO. 4 TO EMPLOYMENT AGREEMENT
Employment Agreement • May 3rd, 2002 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • California
AND
Preferred Shares Rights Agreement • July 27th, 1998 • Cost Plus Inc/Ca/ • Retail-variety stores • California
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of January 3, 2011 among COST PLUS, INC., as the Lead Borrower For The Borrowers Party Hereto The BORROWERS Party Hereto The GUARANTORS Party Hereto BANK OF AMERICA, N.A. as Administrative Agent,...
Credit Agreement • January 7th, 2011 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • New York

WHEREAS, the Borrowers and the Guarantors have entered into a Credit Agreement dated as of June 25, 2007 with Bank of America, N.A., as Administrative Agent and Collateral Agent for the Lenders party thereto and such Lenders; and

WITNESSETH: -----------
Employment Agreement • April 27th, 1999 • Cost Plus Inc/Ca/ • Retail-variety stores • California
COST PLUS, INC.
Director Option Agreement • September 13th, 1999 • Cost Plus Inc/Ca/ • Retail-variety stores • California
RECITALS
Employment Severance Agreement • May 1st, 2003 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • California
CREDIT AGREEMENT Dated as of June 25, 2007 among COST PLUS, INC., as the Lead Borrower For The Borrowers Party Hereto The BORROWERS Party Hereto The GUARANTORS Party Hereto BANK OF AMERICA, N.A. as Administrative Agent, Collateral Agent, Swing Line...
Credit Agreement • September 13th, 2007 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • New York

COST PLUS, INC., a California corporation, for itself and as agent (in such capacity, the “Lead Borrower”) for the other Borrowers now or hereafter party hereto;

AMENDED AND RESTATED EMPLOYMENT SEVERANCE AGREEMENT
Employment Severance Agreement • June 9th, 2005 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • California

This Amended and Restated Employment Severance Agreement (the “Agreement”) is made and entered into effective as of April 29, 2005 (the “Effective Date”), by and between Theresa Strickland (the “Executive”) and Cost Plus, Inc. (the “Company”).

FORM OF EMPLOYMENT SEVERANCE AGREEMENT
Employment Severance Agreement • May 25th, 2012 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • California

This Employment Severance Agreement (the “Agreement”) is made and entered into effective as of [Date] (the “Effective Date”), by and between [Name] (the “Executive”) and Cost Plus, Inc. (the “Company”).

AGREEMENT AND PLAN OF MERGER Dated as of May 8, 2012 among BED BATH & BEYOND INC., BLUE CORAL ACQUISITION CORP. and COST PLUS, INC.
Merger Agreement • May 10th, 2012 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • California

AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of May 8, 2012, among Bed Bath & Beyond Inc., a company organized under the laws of New York (“Parent”), Blue Coral Acquisition Corp., a California corporation and a direct wholly owned Subsidiary of Parent (“Merger Sub”), and Cost Plus, Inc., a California corporation (the “Company”). Each of Parent, Merger Sub and the Company are referred to herein as a “Party” and together as “Parties.”

AMENDED AND RESTATED EMPLOYMENT SEVERANCE AGREEMENT
Employment Severance Agreement • June 14th, 2007 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • California

This Amended and Restated Employment Severance Agreement (the “Agreement”) is made and entered into effective as of May 25, 2007 (the “Effective Date”), by and between Rayford K. Whitley (the “Executive”) and Cost Plus, Inc. (the “Company”).

COST PLUS, INC. and COMPUTERSHARE TRUST COMPANY, N.A., Rights Agent AMENDED AND RESTATED PREFERRED SHARES RIGHTS AGREEMENT Dated as of June 24, 2008
Preferred Shares Rights Agreement • June 25th, 2008 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • Delaware

THIS AMENDED AND RESTATED PREFERRED SHARE RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of June 24, 2008 by and between COST PLUS, INC., a California corporation, and COMPUTERSHARE TRUST COMPANY, N.A.

W I T N E S S E T H : - - - - - - - - - -
Employment Agreement • May 2nd, 2001 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • California
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SECURITY AGREEMENT
Security Agreement • September 13th, 2007 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • New York

SECURITY AGREEMENT (this “Agreement”), dated as of June 25, 2007, by and among (a) each of the Borrowers listed on Schedule I hereto (each such Borrower, individually, a “Grantor” and, collectively, the “Grantors”), and (b) BANK OF AMERICA, N.A., a national banking association, as collateral agent (in such capacity, the “Collateral Agent”) for its own benefit and the benefit of the other Credit Parties (as defined in the Credit Agreement referred to below), in consideration of the mutual covenants contained herein and benefits to be derived herefrom.

COST PLUS, INC. AMENDED AND RESTATED INDEMNIFICATION AGREEMENT
Indemnification Agreement • August 27th, 2002 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • California

This Indemnification Agreement (“Agreement”) is made as of by and between Cost Plus, Inc., a California corporation (the “Company”), and (“Indemnitee”).

COST PLUS, INC. AMENDED AND RESTATED INDEMNIFICATION AGREEMENT
Indemnification Agreement • September 7th, 2006 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • California

This Indemnification Agreement (“Agreement”) is made as of _____________ by and between Cost Plus, Inc., a California corporation (the “Company”), and (“Indemnitee”).

EXHIBIT 10.4 WAREHOUSE LEASE AGREEMENT -------------------------
Warehouse Lease Agreement • April 29th, 1998 • Cost Plus Inc/Ca/ • Retail-variety stores • Indiana
FOURTH AMENDED AND RESTATED EMPLOYMENT SEVERANCE AGREEMENT
Employment Severance Agreement • September 11th, 2007 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • California

This Fourth Amended and Restated Employment Severance Agreement (the “Agreement”) is made and entered into effective as of September 10, 2007 (the “Effective Date”), by and between Jane Baughman (the “Employee”) and Cost Plus, Inc. (the “Company”).

EMPLOYMENT SEVERANCE AGREEMENT
Severance Agreement • December 10th, 2007 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • California

This Employment Severance Agreement (the “Agreement”) is made and entered into effective as of September 27, 2007 (the “Effective Date”), by and between Timothy W. Lester (the “Executive”) and Cost Plus, Inc. (the “Company”).

CREDIT AGREEMENT Dated as of November 10, 2004 among COST PLUS, INC., as the Borrower, BANK OF AMERICA, N.A., as Administrative Agent and L/C Issuer, and The Other Lenders Party Hereto BANC OF AMERICA SECURITIES LLC, as Sole Lead Arranger and Sole...
Credit Agreement • November 16th, 2004 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • California

This CREDIT AGREEMENT (“Agreement”) is entered into as of November 10, 2004 among COST PLUS, INC., a California corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent and L/C Issuer.

LEASE AGREEMENT Dated as of July 31, 2007 between Inland Western Stockton Airport Way II, L.L.C., as Lessor and Cost Plus, Inc. as Lessee
Lease Agreement • September 13th, 2007 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • California
RECITAL
Employment Agreement • April 29th, 1998 • Cost Plus Inc/Ca/ • Retail-variety stores
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