EXECUTION COPY EMPLOYMENT AGREEMENT This Employment Agreement (the "Agreement") is entered into as of October 21, 2002 by and between Sharper Image Corporation (the "Company") and Richard Thalheimer (the "Executive"). WHEREAS the Company desires to...Employment Agreement • December 16th, 2002 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • California
Exhibit 99.3 SHARPER IMAGE CORPORATION STOCK OPTION AGREEMENT RECITALS A. The Board has adopted the Plan for the purpose of retaining the services of selected Employees, non-employee members of the Board (or the board of directors of any Parent or...Stock Option Agreement • May 1st, 2001 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • California
RECITALSLease • May 1st, 2000 • Sharper Image Corp • Retail-miscellaneous shopping goods stores
EXHIBIT 10.24 WARRANT TO PURCHASE COMMON STOCK THIS WARRANT AND THE SHARES ISSUABLE UPON ITS EXERCISE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), OR THE SECURITIES LAWS OF ANY STATE IN RELIANCE UPON...Warrant Agreement • April 30th, 1998 • Sharper Image Corp • Retail-miscellaneous shopping goods stores
ADDENDUM TO STOCK OPTION AGREEMENTStock Option Agreement • May 1st, 2001 • Sharper Image Corp • Retail-miscellaneous shopping goods stores
Exhibit 10.1 LOAN AND SECURITY AGREEMENT by and among SHARPER IMAGE CORPORATION as Borrower, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders,Loan and Security Agreement • December 15th, 2003 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • New York
Exhibit 10.1 HILLS PLAZA PHASE I OFFICE LEASE SRI HILLS PLAZA VENTURE, LLC, a Delaware limited liability company, LandlordOffice Lease • June 9th, 2004 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • California
ANDRights Agreement • June 17th, 1999 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • California
Exhibit 10.22 THIS WARRANT AND THE SHARES ISSUABLE UPON ITS EXERCISE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), OR THE SECURITIES LAWS OF ANY STATE IN RELIANCE UPON EXEMPTIONS PROVIDED UNDER THE...Warrant Agreement • April 30th, 1997 • Sharper Image Corp • Retail-miscellaneous shopping goods stores
RECITALFinancing Agreement • December 15th, 2000 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • California
1 EXHIBIT 1.01 SHARPER IMAGE CORPORATION _______ SHARES OF COMMON STOCK Form of Underwriting Agreement J.P. Morgan Securities Inc. U.S. Bancorp Piper Jaffray Inc. As Representatives of several underwriters listed in Schedule I hereto c/o J.P. Morgan...Underwriting Agreement • June 17th, 1999 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • New York
AMENDMENT TO SPLIT-DOLLAR AGREEMENTSplit-Dollar Agreement • September 14th, 2001 • Sharper Image Corp • Retail-miscellaneous shopping goods stores
ADDENDUM TO STOCK ISSUANCE AGREEMENTStock Issuance Agreement • May 1st, 2001 • Sharper Image Corp • Retail-miscellaneous shopping goods stores
Exhibit 99.8 SHARPER IMAGE CORPORATION AUTOMATIC STOCK OPTION AGREEMENT RECITALS A. The Corporation has implemented an automatic option grant program under the Plan pursuant to which eligible non-employee members of the Board will automatically...Automatic Stock Option Agreement • May 1st, 2001 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • California
BARRY GILBERT EMPLOYMENT AGREEMENT This Employment Agreement (this "Agreement") has been entered into, effective as of the second day of December 1996, between SHARPER IMAGE CORPORATION, a Delaware corporation (the "Company"), and BARRY GILBERT...Employment Agreement • April 30th, 1997 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • California
RECITALSEmployment Agreement • May 3rd, 1999 • Sharper Image Corp • Retail-miscellaneous shopping goods stores
EXHIBIT 99.4 SHARPER IMAGE CORPORATION 1994 NON-EMPLOYEE DIRECTOR STOCK OPTION PLAN NON-STATUTORY STOCK OPTION AGREEMENT RECITALS A. The Corporation has approved and implemented the 1994 Non-Employee Director Stock Option Plan (the "Plan") pursuant to...Non-Statutory Stock Option Agreement • January 19th, 1996 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • California
PURCHASE AGREEMENTPurchase Agreement • May 24th, 2007 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • Delaware
THIS PURCHASE AGREEMENT (this “Agreement”) is made and entered into this 16th day of May, 2007, by and among Richard Thalheimer Revocable Trust established 3/6/89 (the “Seller”), and SCSF Equities, LLC (the “Purchaser”).
ADDENDUM TO STOCK OPTION AGREEMENTStock Option Agreement • May 1st, 2001 • Sharper Image Corp • Retail-miscellaneous shopping goods stores
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT by and among SHARPER IMAGE CORPORATION as Borrower, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and WELLS FARGO RETAIL FINANCE, LLC as the Arranger and Administrative Agent Dated as of May...Loan and Security Agreement • May 31st, 2007 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • New York
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into as of May 25, 2007, by and among, on the one hand, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”) and WELLS FARGO RETAIL FINANCE, LLC, a Delaware limited liability company, as the arranger and administrative agent for the Lenders (“Agent”), and, on the other hand, SHARPER IMAGE CORPORATION, a Delaware corporation (“Borrower”).
SHARPER IMAGE CORPORATION 2,500,000 Shares of Common Stock Underwriting AgreementUnderwriting Agreement • April 18th, 2003 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • New York
SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 24th, 2007 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • New York
THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into as of August 20, 2007, by and among, on the one hand, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”) and WELLS FARGO RETAIL FINANCE, LLC, a Delaware limited liability company, as the arranger and administrative agent for the Lenders (“Agent”), and, on the other hand, SHARPER IMAGE CORPORATION, a Delaware corporation (“Borrower”).
EMPLOYMENT AGREEMENTEmployment Agreement • May 12th, 2006 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • California
This Employment Agreement (the “Agreement”) is entered into as of May 10, 2006 (the “Effective Date”) by and between Sharper Image Corporation (the “Company”) and Tracy Wan (the “Executive”).
AGREEMENTShareholder Agreement • May 12th, 2006 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • Delaware
This AGREEMENT, dated as of May 9, 2006 (the “Agreement”), is by and among Sharper Image Corporation, a Delaware corporation (the “Company”), and Richard J. Thalheimer, individually and as trustee of each of the Richard J. Thalheimer Revocable Trust, the Richard J. Thalheimer 1997 Annuity Trust, the Thalheimer Grantor Annuity Trust of 1997, and the Richard J. Thalheimer 2005 Annuity Trust, and John Comyns, as trustee of each of the Richard Thalheimer Children’s Trust of 1989, the Richard and Elyse Thalheimer Irrevocable Trust of 1995, and the Richard J. Thalheimer Irrevocable Trust of 1999 (collectively, the “Thalheimer Entities”), and the entities and persons listed on Schedule A hereto (collectively, the “Knightspoint Entities”).
AGENCY AGREEMENTAgency Agreement • May 20th, 2008 • Sharper Image Corp • Retail-miscellaneous shopping goods stores
This Agency (the “Agreement”) is made as of May 13, 2008, by and between a joint venture formed among: (a) Hilco Consumer Capital, LLC, (b) Hilco Merchant Resources, LLC, (c) Gordon Brothers Retail Partners, LLC, and (d) GB Brands, LLC (collectively, the “Agent”) and Sharper Image Corporation (the “Merchant”), with a principal place of business at 350 The Embarcadero, 6th floor, San Francisco, CA 94105.
Sharper Image CorporationResignation Agreement • December 29th, 2006 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • California
This will confirm the agreement (the "Agreement") that has been reached with you in connection with your resignation of employment from Sharper Image Corporation ("Sharper Image" or the "Company"). All capitalized terms not defined herein shall have the meaning ascribed in the Employment Agreement dated as of May 10, 2006 between you and the Company (the "Employment Agreement).
AMENDED AND RESTATED AMENDMENT NUMBER 2 TO SERVICES AGREEMENTServices Agreement • September 27th, 2007 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • New York
This Amended and Restated Amendment Number 2 (this "Amendment") dated as of September __, 2007 to the SERVICES AGREEMENT (the "Agreement") dated as of September 24, 2006 and amended by the Amendment Number 1 dated March 2, 2007 (the "First Amendment"), is made by and between Sharper Image Corporation, a Delaware corporation ("Sharper Image"), Jerry W Levin and JW Levin Partners LLC, Delaware limited liability company ("JWL Partners").
AGREEMENTStockholder Agreement • May 24th, 2007 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • Delaware
This AGREEMENT, dated as of May 16, 2007 (the “Agreement”), is by and among Sharper Image Corporation, a Delaware corporation (the “Company”), and Richard J. Thalheimer (the “Stockholder”).
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 9th, 2004 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • New York
THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of February 6, 2004, is entered into by and among SHARPER IMAGE CORPORATION, a Delaware corporation (“Borrower”), each of the lenders that is a signatory to this Amendment (together with its successors and permitted assigns, individually, “Lender” and, collectively, “Lenders”), and WELLS FARGO RETAIL FINANCE, LLC, a Delaware limited liability company, as the arranger and administrative agent for the Lenders (in such capacity, together with its successors, if any, in such capacity, “Agent” and together with the Lenders, collectively, the “Lender Group”), in light of the following:
AMENDMENT NUMBER 1 TO SERVICES AGREEMENTServices Agreement • March 9th, 2007 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • New York
This Amendment Number 1 (this "Amendment") dated as of March 8, 2007 to the SERVICES AGREEMENT (the "Agreement") dated as of September 24, 2006 is made by and between Sharper Image Corporation, a Delaware corporation ("Sharper Image"), Jerry W Levin and JW Levin Partners LLC, Delaware limited liability company ("JWL Partners").
TENTH AMENDMENT TO FINANCING AGREEMENTFinancing Agreement • April 29th, 2003 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • California
This TENTH AMENDMENT TO FINANCING AGREEMENT (this "Amendment"), dated as of March 3, 2003, is entered into by and among SHARPER IMAGE CORPORATION, a Delaware corporation (the "Borrower"), and the CIT GROUP/BUSINESS CREDIT, INC., a New York corporation ("CITBC"), and amends that certain Financing Agreement, dated September 21, 1994 (as the same is in effect immediately prior to the effectiveness of this Amendment, the "Existing Financing Agreement" and as the same may be amended, supplemented or modified and in effect from time to time, the "Financing Agreement"), by and between the Borrower and CITBC. Capitalized terms used and not otherwise defined in this Amendment shall have the same meanings in this Amendment as set forth in the Financing Agreement.
FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 7th, 2006 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • New York
THIS FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of February 2, 2006, is entered into by and among SHARPER IMAGE CORPORATION, a Delaware corporation (“Borrower”), each of the lenders that is a signatory to this Amendment (together with its successors and permitted assigns, individually, “Lender” and, collectively, “Lenders”), and WELLS FARGO RETAIL FINANCE, LLC, a Delaware limited liability company, as the arranger and administrative agent for the Lenders (in such capacity, together with its successors, if any, in such capacity, “Agent” and together with the Lenders, collectively, the “Lender Group”), in light of the following:
FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • May 4th, 2005 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • Delaware
This Indemnification Agreement (“Agreement”) is made by and between Sharper Image Corporation, a Delaware corporation (the “Company”), and the person whose signature appears below under the caption “Indemnitee” (“Indemnitee”).
SETTLEMENT AGREEMENT AND RELEASESettlement Agreement • January 19th, 2007 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • Florida
SETTLEMENT AGREEMENTSettlement Agreement • December 29th, 2006 • Sharper Image Corp • Retail-miscellaneous shopping goods stores • California
In order to settle as fully as possible all known and unknown claims I might have against Sharper Image Corporation (Company) and all related parties, I, Richard Thalheimer, and agree as follows:
