GARDENBURGER, INC. INCENTIVE STOCK OPTION AND INCENTIVE STOCK OPTION AGREEMENTOption Agreement • April 1st, 1999 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • Oregon
BANK OF AMERICA NT & SA AMENDED AND RESTATED BUSINESS LOAN AGREEMENT ---------- ---------------------------------------------------------------------- This Agreement dated as of April 14, 1999 is between Bank of America NT & SA (the "Bank") and...Loan Agreement • May 17th, 1999 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • Oregon
EXECUTION COPY WARRANT AGREEMENT WARRANT AGREEMENT dated as of January 10, 2002, by and between DRESDNER KLEINWORT BENSON PRIVATE EQUITY PARTNERS LP, a Delaware limited partnership (the "PURCHASER"), and GARDENBURGER, INC., an Oregon corporation (the...Warrant Agreement • January 17th, 2002 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • New York
RECITALSEmployment Agreement • December 27th, 1999 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties
EXHIBIT 10.2 STOCK PURCHASE AGREEMENT GARDENBURGER, INC. MARCH 29, 1999Stock Purchase Agreement • May 17th, 1999 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • Oregon
SECOND AMENDMENT TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • January 17th, 2002 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • New York
RECITALSRegistration Rights Agreement • January 17th, 2002 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • Oregon
For value received, GARDENBURGER, INC., an Oregon corporation (the "COMPANY"), hereby grants to , a ------- -------------------------------------- -------------------------- (the "INITIAL PURCHASER"), or its transferees and assigns, the right to...Gardenburger Inc • January 17th, 2002 • Canned, frozen & preservd fruit, veg & food specialties • Oregon
EXHIBIT 10.3 PURCHASE AND SALE AGREEMENT AND RECEIPT FOR EARNEST MONEYPurchase and Sale Agreement • December 26th, 2000 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • Oregon
EXECUTION COPY REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (this "Agreement") is dated as of March 27, 1998 by and between Gardenburger, Inc., an Oregon corporation and f/k/a Wholesome and Hearty Foods, Inc. (the "Company"); and...Registration Rights Agreement • May 15th, 1998 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • Oregon
EMPLOYMENT AGREEMENT THIS AGREEMENT is entered into as of January 15, 2001, by and between GARDENBURGER, INC., an Oregon corporation ("the Company") and SCOTT C. WALLACE ("Executive"). In consideration of the mutual covenants and the other terms and...Employment Agreement • February 14th, 2001 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • Oregon
PLUSLoan and Security Agreement • February 9th, 2000 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • California
THIRD AMENDMENT TO LEASELease • April 1st, 1999 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties
GARDENBURGER, INC. NONSTATUTORY STOCK OPTION AND NONSTATUTORY STOCK OPTION AGREEMENTStock Option Agreement • April 1st, 1999 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • Oregon
EXHIBIT 99.2 AMENDMENT NO. 4 TO RIGHTS AGREEMENT This Amendment No. 4, dated as of August 18, 2003 (the "Amendment"), to the Amended and Restated Rights Agreement (the "Rights Agreement") dated as of July 15, 1999, as amended by Amendment Nos. 1, 2,...Rights Agreement • August 19th, 2003 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties
EXHIBIT 10e MORRISON PLAZA OFFICE LEASE This lease, made and entered into at Portland, Oregon this October 29, 1996 by and between AMERICAN PROPERTY MANAGEMENT CORP., as LESSOR, and WHOLESOME & HEARTY FOODS, INC. AN OREGON CORPORATION, as LESSEE....Office Lease • March 25th, 1997 • Wholesome & Hearty Foods Inc • Canned, frozen & preservd fruit, veg & food specialties
LEASEWholesome & Hearty Foods Inc • August 14th, 1997 • Canned, frozen & preservd fruit, veg & food specialties
EXECUTION COPY FIRST AMENDMENT TO REGISTRATION RIGHTS AGREEMENT THIS FIRST AMENDMENT (this "AMENDMENT"), dated as of January 10, 2002, to the Registration Rights Agreement, dated as of March 27, 1998, by and among DRESDNER KLEINWORT BENSON PRIVATE...Registration Rights Agreement • January 17th, 2002 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • New York
LEASEGardenburger Inc • April 1st, 1999 • Canned, frozen & preservd fruit, veg & food specialties • Utah
RECITALS:Business Loan Agreement • April 1st, 1999 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties
Lease No. 970098 LEASE AGREEMENT ("Lease") dated as of December 17, 1997 between BA LEASING & CAPITAL CORPORATION, a California corporation with an office at 555 California Street, 4th Floor, San Francisco, California 94104 ("Lessor") and...Lease Agreement • March 31st, 1998 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • California
EXHIBIT 10.4 GARDENBURGER, INC. INVESTOR RIGHTS AGREEMENT April 14, 1999Investor Rights Agreement • May 17th, 1999 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • Oregon
EXHIBIT 10i EMPLOYMENT AGREEMENT DATE: April 14, 1996 PARTIES: WHOLESOME & HEARTY FOODS, INC. (the "Company") 975 S.E. Sandy Boulevard, Suite 201 Portland, OR 97214Employment Agreement • March 25th, 1997 • Wholesome & Hearty Foods Inc • Canned, frozen & preservd fruit, veg & food specialties • Oregon
andRights Agreement • December 13th, 1999 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • Oregon
SEPARATION AGREEMENT AND RELEASE This Separation Agreement and Release (this "Agreement") is made and entered into as of this 30th day of March, 2001, by and between Gardenburger, Inc., an Oregon corporation ("Gardenburger") and Peter W. Shipp...Separation Agreement and Release • May 14th, 2001 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • Oregon
EXHIBIT 10.25 FIRST AMENDMENT TO LEASE entered into as of January 14, 1999 by and between BA LEASING & CAPITAL CORPORATION, a California corporation, with its principal office at 555 California Street, Fourth Floor, San Francisco, California 94104...Purchase Agreement • April 1st, 1999 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties
EXHIBIT 10.9 Lease No. 980138 LEASE AGREEMENT ("Lease") dated as of May 28, 1998 between BA LEASING & CAPITAL CORPORATION, a California corporation with an office at 555 California Street, 4th Floor, San Francisco, California 94104 ("Lessor") and...Lease Agreement • November 5th, 1998 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • California
AMENDMENT NO. 1 TO RIGHTS AGREEMENT Amendment No. 1 dated as of March 26, 1998 (the "Amendment"), to the Rights Agreement, dated as of April 25, 1996 (the "Rights Agreement"), between Gardenburger, Inc. (f/k/a Wholesome & Hearty Foods, Inc.), an...Rights Agreement • May 15th, 1998 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties
Bank of America NT & SA Business Loan Agreement ------------------------------- ------------------------------------------------- This Agreement dated as of April 28, 1998 is between Bank of America NT & SA (the "Bank") and Gardenburger, Inc. (the...Gardenburger Inc • May 15th, 1998 • Canned, frozen & preservd fruit, veg & food specialties • Oregon
PREFERRED STOCK EXCHANGE AGREEMENT THIS PREFERRED STOCK EXCHANGE AGREEMENT (this "Agreement") is made and entered into as of the 10th day of January, 2002, by and among Gardenburger, Inc., an Oregon corporation (the "Company"), and the holders of the...Preferred Stock Exchange Agreement • January 17th, 2002 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • Oregon
REVOLVING CREDIT AND TERM LOAN AGREEMENTCredit and Term Loan Agreement • January 17th, 2002 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • Maryland
CREDIT AND SECURITY AGREEMENT BY AND BETWEEN GARDENBURGER, INC.Credit and Security Agreement • November 29th, 2005 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • New York
GARDENBURGER, INC., an Oregon corporation (the “Borrower”), and GB RETAIL FUNDING, LLC, a Delaware limited liability company (together with its successors and assigns, the “Lender”) each hereby agree as follows:
OFFICE SPACE LEASE BETWEEN THE IRVINE COMPANY AND GARDENBURGER, INC.Office Space Lease • December 29th, 2003 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • California
THIS LEASE is made as of the 21st day of August, 2003, by and between THE IRVINE COMPANY, hereafter called “Landlord,” and GARDENBURGER, INC., an Oregon corporation, hereafter called “Tenant.”
WITNESSETH:Rights Agreement • May 17th, 1999 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties
EXECUTION COPY THE SECURITY REPRESENTED BY THIS INSTRUMENT WAS ORIGINALLY ISSUED ON MARCH 27, 1998, AND HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THE TRANSFER OF SUCH SECURITY IS SUBJECT TO THE CONDITIONS SPECIFIED IN THE...Note Purchase Agreement • January 17th, 2002 • Gardenburger Inc • Canned, frozen & preservd fruit, veg & food specialties • Oregon
