ARTICLE I. DEFINITIONSSecurities Purchase Agreement • September 15th, 2003 • Factory 2 U Stores Inc • Retail-family clothing stores • New York
WARRANTFactory 2 U Stores Inc • May 5th, 2003 • Retail-family clothing stores • Delaware
EXHIBIT 4.4 REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (this "Agreement") is made and entered into as of August 20, 2003, by and among Factory 2-U Stores, Inc., a Delaware corporation (the "Company"), and the investors signatory...Registration Rights Agreement • September 15th, 2003 • Factory 2 U Stores Inc • Retail-family clothing stores • New York
EXHIBIT 4.1 SUBSCRIPTION AGREEMENT THIS SUBSCRIPTION AGREEMENT (the "Agreement") is made as of this 6th day of March 2003, by and between FACTORY 2-U STORES, a Delaware corporation (the "Company"), and _____________ (the "Investor"). W I T N E S S E T...Subscription Agreement • May 5th, 2003 • Factory 2 U Stores Inc • Retail-family clothing stores • Delaware
04/17/98 AMENDMENT NO. 11 TO LOAN AND SECURITY AGREEMENT This Amendment No. 11 to Loan and Security Agreement (this "Amendment") is entered into as of this 30th day of April, 1998, by and between FINOVA CAPITAL CORPORATION, a Delaware corporation...Loan and Security Agreement • June 17th, 1998 • Family Bargain Corp • Retail-family clothing stores
EXHIBIT 4.3 REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (the "AGREEMENT") is made and entered into as of the 6th day of March 2003 (the "EFFECTIVE DATE") between Factory 2-U Stores, Inc., a Delaware corporation (the "COMPANY"),...Registration Rights Agreement • May 5th, 2003 • Factory 2 U Stores Inc • Retail-family clothing stores • Texas
Defined Term Section Reference Agency Accounts Section 7.2 Agency Documents Section 11.1(b) Agent Preamble Agent Claim Section 12.5 Agent Indemnified Parties Section 13.1 Approval Order Section 2 Bankruptcy Code Recitals Bankruptcy Court Recitals...Agency Agreement • April 30th, 2004 • Factory 2 U Stores Inc • Retail-family clothing stores • California
Exhibit 10.14 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, dated as of January 6, 2003, by and between Factory 2-U Stores, Inc. (the "Company"), a Delaware corporation, and Melvin Redman, who currently resides in Phoenix, Arizona ("Executive"). W I...Employment Agreement • May 2nd, 2003 • Factory 2 U Stores Inc • Retail-family clothing stores
Exhibit 10.19 EMPLOYMENT AGREEMENTEmployment Agreement • December 16th, 2003 • Factory 2 U Stores Inc • Retail-family clothing stores
SEPARATION AGREEMENT THIS SEPARATION AGREEMENT (the "Agreement") made as of the 1st day of August, 1997 by and between Family Bargain Corporation, a Delaware corporation (the "Company") and William W. Mowbray ("Mowbray"). W I T N E S S E T H WHEREAS,...Separation Agreement • December 10th, 1997 • Family Bargain Corp • Retail-family clothing stores • California
NYB 1069844.3 EXHIBIT 10.3 AMENDED EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, dated as of March 30, 1998 and amended as of August 31, 1999, by and between Factory 2-U Stores, Inc. ("Factory 2-U"), a Delaware corporation, the name of which...Employment Agreement • April 24th, 2000 • Factory 2 U Stores Inc • Retail-family clothing stores
Exhibit 10.22 SECOND AMENDMENT TO AMENDED AND RESTATED FINANCING AGREEMENT This Second Amendment to Amended and Restated Financing Agreement ("Amendment") is entered into as of January 12, 2004, by and among FACTORY 2-U STORES, INC., a Delaware...Financing Agreement • April 30th, 2004 • Factory 2 U Stores Inc • Retail-family clothing stores • California
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT") OR REGISTERED OR QUALIFIED UNDER THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE SOLD OR TRANSFERRED EXCEPT IN COMPLIANCE WITH THE ACT, THE RULES AND...Family Bargain Corp • September 29th, 1998 • Retail-family clothing stores
EXHIBIT 10.26 AMENDMENT TO STOCK PURCHASE AGREEMENT Dated: September 27, 1996Stock Purchase Agreement • October 10th, 1996 • Family Bargain Corp • Retail-family clothing stores
BETWEENStock Purchase Agreement • November 28th, 1995 • Family Bargain Corp • Retail-family clothing stores • Arizona
Exhibit 10.18 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, dated as of May 20, 2003, by and between Factory 2-U Stores, Inc. (the "Company"), a Delaware corporation, and Norman G. Plotkin ("Executive"). W I T N E S S E T H WHEREAS, the Company...Employment Agreement • June 17th, 2003 • Factory 2 U Stores Inc • Retail-family clothing stores
Exhibit 10.15 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, dated as of January 6, 2003, by and between Factory 2-U Stores, Inc. (the "Company"), a Delaware corporation, and Larry I. Kelley, who currently resides in Duxbury, Massachusetts...Employment Agreement • May 2nd, 2003 • Factory 2 U Stores Inc • Retail-family clothing stores
Exhibit 10.17 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, dated as of May 20, 2003, by and between Factory 2-U Stores, Inc. (the "Company"), a Delaware corporation, and Doug Felderman ("Executive"). W I T N E S S E T H WHEREAS, the Company desires...Employment Agreement • June 17th, 2003 • Factory 2 U Stores Inc • Retail-family clothing stores
AMENDMENT NO. 7 TO LOAN AND SECURITY AGREEMENT AND WAIVER This Amendment No. 7 to Loan and Security Agreement and Waiver (this "Amendment") is entered into as of this 24th day of September, 1997, by and between FACTORY 2-U, INC., an Arizona...Loan and Security Agreement and Waiver • December 10th, 1997 • Family Bargain Corp • Retail-family clothing stores • Arizona
ARTICLE INote Exchange Agreement • September 29th, 1998 • Family Bargain Corp • Retail-family clothing stores • New York
EXHIBIT 10.11 SUBORDINATED NOTE AGREEMENT THIS SUBORDINATED NOTE AGREEMENT (the "Agreement") is made and entered into as of this 30th day of April, 1998 by and among GENERAL TEXTILES, a California corporation (the "Company"), AMERICAN ENDEAVOUR FUND...Subordinated Note Agreement • July 9th, 1998 • Family Bargain Corp • Retail-family clothing stores • New York
AGREEMENTAgreement • October 14th, 1998 • Family Bargain Corp • Retail-family clothing stores
RIGHTS AGREEMENT RIGHTS AGREEMENT, dated as of November 27, 1995 (the "Agreement"), between FAMILY BARGAIN CORPORATION, a Delaware corporation (the "Corporation"), and CORPORATE STOCK TRANSFER, INC. (the "Rights Agent"). The Board of Directors of the...Rights Agreement Rights Agreement • December 4th, 1995 • Family Bargain Corp • Retail-family clothing stores • Delaware
EXHIBIT 10.10 JUNIOR SUBORDINATED NOTE AGREEMENT THIS JUNIOR SUBORDINATED NOTE AGREEMENT (the "Agreement") is made and entered into as of this 30th day of April, 1998 by and among GENERAL TEXTILES, a California corporation (the "Company"), AMERICAN...Junior Subordinated Note Agreement • July 9th, 1998 • Family Bargain Corp • Retail-family clothing stores • New York
REGISTRATION RIGHTS AGREEMENT This is an agreement dated April 30, 1998 among Family Bargain Corporation (the "Company"), a Delaware corporation, American Endeavour Fund Ltd. ("Endeavour"), a Jersey corporation, and London Pacific Life Annuity Company...Registration Rights Agreement • June 17th, 1998 • Family Bargain Corp • Retail-family clothing stores • New York
EXHIBIT 10.12 NEITHER THIS WARRANT NOR THE SHARES OF COMMON STOCK ISSUABLE ON EXERCISE OF THIS WARRANT MAY BE TRANSFERRED EXCEPT IN A TRANSACTION REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR WHICH IS EXEMPT FROM THE REGISTRATION...Family Bargain Corp • July 9th, 1998 • Retail-family clothing stores
Exhibit 10.16 INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE - NET 1. Basic Provisions ("Basic Provisions"). 1.1 Parties. This Lease ("Lease"), dated March 8, 2002 ("Effective Date"), is made by and between ORIX Otay, LLC, an Illinois limited liability...Factory 2 U Stores Inc • May 2nd, 2003 • Retail-family clothing stores • California
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT") OR REGISTERED OR QUALIFIED UNDER THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE SOLD OR TRANSFERRED EXCEPT IN COMPLIANCE WITH THE ACT, THE RULES AND...Family Bargain Corp • September 29th, 1998 • Retail-family clothing stores
ACKNOWLEDGMENT AND REAFFIRMATION The undersigned, FAMILY BARGAIN CORPORATION, a Delaware corporation ("FBC") acknowledges: 1. FBC is a party to that certain Standstill and Subordination Agreement (re: Affiliate Debt) dated as of July 11, 1994, as...Family Bargain Corp • September 29th, 1998 • Retail-family clothing stores
ACKNOWLEDGMENT AND REAFFIRMATION The undersigned, FAMILY BARGAIN CORPORATION, a Delaware corporation ("FBC") acknowledges: 1. FBC is a party to that certain Standstill and Subordination Agreement (re: Affiliate Debt) dated as of July 11, 1994, as...Family Bargain Corp • December 10th, 1997 • Retail-family clothing stores
1 Exhibit 2.4 SECURITIES PURCHASE AGREEMENT SECURITIES PURCHASE AGREEMENT ("AGREEMENT"), dated December 30, 1996, among Family Bargain Corporation, a Delaware corporation (the "Company"), and the Persons set forth on Schedule 2.2 hereof (the...Loan and Security Agreement • May 1st, 1997 • Family Bargain Corp • Retail-family clothing stores • New York
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT") OR REGISTERED OR QUALIFIED UNDER THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE SOLD OR TRANSFERRED EXCEPT IN COMPLIANCE WITH THE ACT, THE RULES AND...Family Bargain Corp • June 17th, 1998 • Retail-family clothing stores
