Jack in the Box Inc /New/ Sample Contracts

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RECITALS
Stock Option Agreement • September 13th, 2004 • Jack in the Box Inc /New/ • Retail-eating places
Exhibit 10.1 SECOND AMENDMENT Dated as of February 27, 1999
Foodmaker Inc /De/ • May 26th, 1999 • Retail-eating places • California
Exhibit 99.2 CREDIT AGREEMENT dated as of January 22, 2003
Credit Agreement • February 6th, 2003 • Jack in the Box Inc /New/ • Retail-eating places • New York
FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • August 12th, 2004 • Jack in the Box Inc /New/ • Retail-eating places • New York
SIXTH AMENDMENT Dated as of November 17, 2000
Jack in the Box Inc /New/ • March 7th, 2001 • Retail-eating places • California
THIRD AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 4th, 2005 • Jack in the Box Inc /New/ • Retail-eating places • New York
FIFTH AMENDMENT
Jack in the Box Inc /New/ • August 21st, 2000 • Retail-eating places • California
FOURTH AMENDMENT
Fourth Amendment • March 8th, 2000 • Jack in the Box Inc /New/ • Retail-eating places • California
RECITALS
Agreement • March 4th, 2003 • Jack in the Box Inc /New/ • Retail-eating places
AGREEMENT AND PLAN OF MERGER by and among JACK IN THE BOX INC., EPIC MERGER SUB INC. and DEL TACO RESTAURANTS, INC. December 5, 2021
Agreement and Plan of Merger • December 6th, 2021 • Jack in the Box Inc /New/ • Retail-eating places • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of December 5, 2021, is entered into by and among Jack in the Box Inc., a Delaware corporation (“Parent”), upon its formation in accordance with this Agreement, Epic Merger Sub Inc., a to-be-formed Delaware corporation and wholly-owned subsidiary of Parent (“Merger Sub”), and Del Taco Restaurants, Inc., a Delaware corporation (the “Company”).

INDEMNITY AGREEMENT
Indemnity Agreement • December 12th, 2002 • Jack in the Box Inc /New/ • Retail-eating places • Delaware

This Indemnity Agreement, dated as of , is made by and between JACK IN THE BOX INC., a Delaware corporation (the “Company”), and (the “Indemnitee”).

AMENDED AND RESTATED CREDIT AGREEMENT dated as of November 5, 2012 by and among JACK IN THE BOX INC., as Borrower, the Lenders referred to herein, as Lenders, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swingline Lender and...
Credit Agreement • November 8th, 2012 • Jack in the Box Inc /New/ • Retail-eating places • New York

AMENDED AND RESTATED CREDIT AGREEMENT, dated as of November 5, 2012, by and among JACK IN THE BOX INC., a Delaware corporation, as Borrower, the lenders who are or may become a party to this Agreement, as Lenders and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders.

INDEMNITY AGREEMENT
Indemnity Agreement • August 10th, 2012 • Jack in the Box Inc /New/ • Retail-eating places • Delaware

This Indemnity Agreement, dated _______________, 201_, is made between JACK IN THE BOX, INC., a Delaware corporation (the “Company”), and ____________________________________ (the “Indemnitee”).

RECITALS
Agreement • November 15th, 2005 • Jack in the Box Inc /New/ • Retail-eating places
SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of March 19, 2014 by and among JACK IN THE BOX INC., as Borrower, the Lenders referred to herein, as Lenders, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swingline Lender...
Credit Agreement • March 20th, 2014 • Jack in the Box Inc /New/ • Retail-eating places • New York

SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of March 19, 2014, by and among JACK IN THE BOX INC., a Delaware corporation, as Borrower, the lenders who are or may become a party to this Agreement, as Lenders and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders.

Among
Revolving Credit Agreement • May 22nd, 1998 • Foodmaker Inc /De/ • Retail-eating places • California
GUARANTEE AND COLLATERAL AGREEMENT made by DIFFERENT RULES, LLC, JACK IN THE BOX PROPERTIES, LLC, and JACK IN THE BOX SPV GUARANTOR, LLC, each as a Guarantor, in favor of CITIBANK, N.A., as Trustee Dated as of July 8, 2019
Guarantee and Collateral Agreement • July 8th, 2019 • Jack in the Box Inc /New/ • Retail-eating places • New York

GUARANTEE AND COLLATERAL AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”), dated as of July 8, 2019, made by DIFFERENT RULES, LLC, a Delaware limited liability company (the “Franchisor”), JACK IN THE BOX PROPERTIES, LLC, a Delaware limited liability company (“JIB Properties,” and, together with the Franchisor, the “Subsidiary Guarantors”), and JACK IN THE BOX SPV GUARANTOR, LLC, a Delaware limited liability company (the “Holding Company Guarantor,” and, together with the Subsidiary Guarantors, the “Guarantors” and each, a “Guarantor”), in favor of CITIBANK, N.A., a national banking association, as trustee under the Indenture referred to below (in such capacity, together with its successors, the “Trustee”) for the benefit of the Secured Parties.

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SEPARATION AND RELEASE AGREEMENT
Separation and Release Agreement • May 14th, 2020 • Jack in the Box Inc /New/ • Retail-eating places • California

I, Phillip Rudolph, whose address is [ ], understand that my employment with Jack in the Box Inc. and/or any past or present subsidiary, affiliate, predecessor, or successor, (Collectively referred to herein as “Company”) will terminate March 2, 2020 (“Termination Date”). This Separation and Release Agreement (“Agreement”) is entered into in connection with my termination.

JACK IN THE BOX INC. RESTRICTED STOCK AWARD UNDER THE 2004 STOCK INCENTIVE PLAN QDOBA
Agreement • August 5th, 2009 • Jack in the Box Inc /New/ • Retail-eating places • Delaware

The Compensation Committee (the “Committee”) of the Board of Directors of the Company which administers the Company’s 2004 Stock Incentive Plan (the “Plan”), has granted to the Awardee as of [grant date], this award of Restricted Stock on the terms and conditions set forth herein.

PRELIMINARY STATEMENTS:
Jack in the Box Inc /New/ • December 2nd, 1999 • Retail-eating places • California
STOCK OPTION AND PERFORMANCE SHARE AWARD AGREEMENT
Stock Option and Performance Share Award Agreement • February 18th, 2016 • Jack in the Box Inc /New/ • Retail-eating places • Delaware

This Stock Option and Performance Share Award Agreement (the “Agreement”) is made and entered into effective as of [Month Day, Year] (the “Grant Date”) by and between Jack in the Box Inc., a Delaware corporation (the “Company”), and [Name] (the “Awardee”).

SEPARATION AND RELEASE AGREEMENT For EXECUTIVE OFFICERS
Separation and Release Agreement • November 23rd, 2021 • Jack in the Box Inc /New/ • Retail-eating places • California

I, Adrienne Ingoldt, whose address is [ ], understand that my employment with Jack in the Box Inc. and/or any past or present subsidiary, affiliate, predecessor, or successor, (Collectively referred to herein as “Company”) will terminate September 24, 2021 (“Termination Date”). This Separation and Release Agreement (“Agreement”) is entered into in connection with my termination.

VOTING AGREEMENT
Voting Agreement • December 6th, 2021 • Jack in the Box Inc /New/ • Retail-eating places • Delaware

THIS VOTING AGREEMENT (this “Agreement”), dated as of December 5, 2021, among Jack in the Box Inc., a Delaware corporation (“Parent”), and the Persons executing this Agreement as “Holders” on the signature pages hereto (each, a “Holder” and collectively, the “Holders”).

JACK IN THE BOX INC. NON-EMPLOYEE DIRECTOR RESTRICTED STOCK UNIT AWARD UNDER THE 2004 STOCK INCENTIVE PLAN
2004 Stock Incentive Plan • November 22nd, 2022 • Jack in the Box Inc • Retail-eating places

This Agreement is made as of the Grant Date by and between Jack in the Box Inc., a Delaware corporation (the “Company”), and the Awardee.

JACK IN THE BOX INC. TIME-VESTING RESTRICTED STOCK UNIT AWARD AGREEMENT UNDER THE 2004 STOCK INCENTIVE PLAN
Award Agreement • February 20th, 2020 • Jack in the Box Inc /New/ • Retail-eating places • Delaware

This Time-Vesting Restricted Stock Unit Award Agreement (the “Agreement”) is made and entered into effective as of [Month Day, Year] (the “Grant Date”) by and between Jack in the Box Inc., a Delaware corporation (the “Company”), and [First Name Last Name] (the “Awardee”).

AMENDED AND RESTATED GUARANTY AGREEMENT
Guaranty Agreement • March 20th, 2014 • Jack in the Box Inc /New/ • Retail-eating places • New York

AMENDED AND RESTATED GUARANTY AGREEMENT (as amended, restated, supplemented or otherwise modified, this “Guaranty”), dated as of March 19, 2014, is made by certain Domestic Subsidiaries of JACK IN THE BOX INC., a Delaware corporation (such subsidiaries, collectively, the “Guarantors”, each a “Guarantor”), in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (in such capacity, the “Administrative Agent”), and the Secured Parties.

CLASS A-1 NOTE PURCHASE AGREEMENT
Note Purchase Agreement • February 15th, 2022 • Jack in the Box Inc • Retail-eating places • New York

THIS CLASS A-1 NOTE PURCHASE AGREEMENT, dated as of February 11, 2022 (as amended, supplemented, amended and restated or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), is made by and among:

JACK IN THE BOX INC. TIME-VESTING RESTRICTED STOCK UNIT AWARD AGREEMENT UNDER THE 2004 STOCK INCENTIVE PLAN MODIFIED 2018 AWARD
Stock Unit Award Agreement • February 21st, 2019 • Jack in the Box Inc /New/ • Retail-eating places • Delaware

This Time-Vesting Restricted Stock Unit Award Agreement (the “Agreement”) is made and entered into effective as of [Month Day, Year] (the “Grant Date”) by and between Jack in the Box Inc., a Delaware corporation (the “Company”), and [First Name Last Name] (the “Awardee”).

COMPENSATION AND BENEFITS ASSURANCE AGREEMENT Qdoba Restaurant Corporation Contents
Compensation and Benefits Assurance Agreement • May 14th, 2008 • Jack in the Box Inc /New/ • Retail-eating places

This COMPENSATION AND BENEFITS ASSURANCE AGREEMENT (this “Agreement”) is made, entered into, and is effective as of the 9th day of May, 2008 (the “Effective Date”) by and between Jack in the Box Inc. (hereinafter referred to as the “Company”) and Gary J. Beisler (hereinafter referred to as the “Executive”).

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