Standard Contracts
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • January 9th, 2001 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores
1 Exhibit 10.1 FORM OF STANDARD STOCK OPTION AGREEMENT STOCK OPTION AGREEMENT dated as of ______________ between BED BATH & BEYOND INC., a New York corporation, and_____________(the "Optionee"). PRELIMINARY STATEMENT Pursuant to the Bed Bath & Beyond...Stock Option Agreement • October 10th, 2000 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores
28- 2 2. Term of Employment. The Executive's employment under this agreement shall continue until the earlier of (a) the fifth anniversary of this agreement (as may be extended from time to time by mutual agreement of the parties) (the "Final Date")...Employment Agreement • October 14th, 1997 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
AMENDED AND RESTATED CREDIT AGREEMENT dated as of August 9, 2021 among BED BATH & BEYOND INC., as the Company The Other U.S. Borrowers Party Hereto The Canadian Borrowers Party Hereto The Other Loan Parties Party Hereto The Lenders Party Hereto...Credit Agreement • August 10th, 2021 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
11- 2 (b) The making and delivery of this Third Amendment and the performance of the Agreement, as amended by this Third Amendment, do not violate any provision of law or any regulation or of the charter or by-laws of such Credit Party or result in...Credit Agreement • January 12th, 1998 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New Jersey
OPEN MARKET SALE AGREEMENTSMOpen Market Sale Agreement • August 31st, 2022 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
1 FIFTH AMENDMENT TO CREDIT AGREEMENT THIS FIFTH AMENDMENT TO CREDIT AGREEMENT (this "Fifth Amendment") is made as of October 26, 1998, by and among BED BATH & BEYOND INC., a New York corporation (the "Company"), and BED-N-BATH STORES INC., a New...Credit Agreement • January 11th, 1999 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
As of December 1, 1994 Mr. Dear: We write to set forth our agreement with respect to your employment as by Bed Bath & Beyond Inc. (the "Company"). 1. DUTIES. The Company hereby agrees to employ you, and you agree to be employed by the Company, on the...Employment Agreement • June 8th, 1998 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • January 9th, 2001 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores
44- 2 2. Term of Employment. The Executive's employment under this agreement shall continue until the earlier of (a) the fifth anniversary of this agreement (as may be extended from time to time by mutual agreement of the parties) (the "Final Date")...Employment Agreement • October 14th, 1997 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
Exhibit 10.28 SIXTH AMENDMENT TO CREDIT AGREEMENT THIS SIXTH AMENDMENT TO CREDIT AGREEMENT (this "Sixth Amendment") is made effective as of March 28, 2001, except as otherwise set forth herein, by and among BED BATH & BEYOND INC., a New York...Credit Agreement • May 31st, 2001 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
Exhibit 10.2 STOCK OPTION AGREEMENT dated as of August 13, 1999 between BED BATH & BEYOND INC., a New York corporation, and LEONARD FEINSTEIN (Co-Chief Executive Officer) (the "Optionee"). PRELIMINARY STATEMENT Pursuant to the Bed Bath & Beyond Inc....Stock Option Agreement • January 11th, 2000 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores
COMMON STOCK PURCHASE AGREEMENT Dated as of March 30, 2023 by and between BED BATH & BEYOND INC. and B. RILEY PRINCIPAL CAPITAL II, LLCCommon Stock Purchase Agreement • March 30th, 2023 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
This COMMON STOCK PURCHASE AGREEMENT is made and entered into as of March 30, 2023 (this “Agreement”), by and between B. Riley Principal Capital II, LLC, a Delaware limited liability company (the “Investor”), and Bed Bath & Beyond Inc., a New York corporation (the “Company”).
BED BATH & BEYOND INC. UNDERWRITING AGREEMENTUnderwriting Agreement • February 7th, 2023 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
CREDIT AGREEMENT dated as of June 19, 2020 among BED BATH & BEYOND INC., as the Company The Other U.S. Borrowers Party Hereto The Canadian Borrowers Party Hereto The Other Loan Parties Party Hereto The Lenders Party Hereto JPMORGAN CHASE BANK, N.A.,...Credit Agreement • June 22nd, 2020 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
CREDIT AGREEMENT dated as of June 19, 2020 (as it may be amended or modified from time to time, this “Agreement”) among BED BATH AND BEYOND INC., as the Company, the other U.S. Borrowers party hereto, the Canadian Borrowers party hereto, the other Loan Parties party hereto, the Lenders party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
14- 2 Representations and Warranties. To induce Chase to enter into this Fourth Amendment, each of the Credit Parties hereby represents and warrants that:Credit Agreement • January 12th, 1998 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New Jersey
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 • Bed Bath & Beyond Inc • 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.”
WITNESSETH:Credit Agreement • May 28th, 1997 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New Jersey
SALES AGREEMENTSales Agreement • March 30th, 2023 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVERCredit Agreement • April 11th, 2023 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
AMENDED AND RESTATED CREDIT AGREEMENT dated as of August 9, 2021 (as it may be amended or modified from time to time, this “Agreement”) among BED BATH &BEYOND INC., as the Company, the other U.S. Borrowers party hereto, the Canadian Borrowers party hereto, the other Loan Parties party hereto, the Lenders party hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent and SIXTH STREET SPECIALTY LENDING, INC., as FILO Agent.
ContractRestricted Stock Unit Agreement • April 22nd, 2021 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
This RESTRICTED STOCK UNIT AGREEMENT (“Agreement”) is entered into as of May 26, 2020 (the “Grant Date”), between BED BATH & BEYOND INC. (the “Company”) and Cindy Davis (“you” or “Participant”).
37- 2 Revolving Credit Note shall continue the indebtedness of the undersigned to the Bank under the Prior Note.Revolving Credit Note • January 11th, 1999 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores
EMPLOYMENT AGREEMENTEmployment Agreement • April 22nd, 2021 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
not encourage or solicit or voluntarily assist or participate in any way in the filing, reporting or prosecution by Executive or any third party of a proceeding or Claim against Company based upon or relating to any Claim released by Executive in this Agreement and General Release, unless expressly allowed by Section 7. If any court has or assumes jurisdiction of any action against the Company or any of its affiliates on behalf of Executive, Executive will request that court to withdraw from or dismiss the matter with prejudice.
AMENDED AND RESTATED EMPLOYMENT AGREEMENT Dated as of December 31, 2008Employment Agreement • January 8th, 2009 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
The Company wishes to continue to employ the Executive and to amend and restate the existing employment agreement, originally dated as of June 30, 1997, amended and restated as of April 3, 2002 and subsequently amended as of June 30, 2007, between the Company and the Executive, which embodies the terms of such employment, and the Executive and the Company wish to amend and restate such existing employment agreement and accept such continued employment on such terms with the intent of complying with Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”) and the applicable regulations thereunder.
SUPPORT AND TENDER AGREEMENT BY AND AMONG BED BATH & BEYOND INC BLUE CORAL ACQUISTION CORP. AND RED MOUNTAIN CAPITAL PARTNERS III, L.P. DATED AS OF MAY 8, 2012Support and Tender Agreement • May 10th, 2012 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • California
SUPPORT AND TENDER AGREEMENT, dated as of May 8, 2012 (this “Agreement”), by and 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 Red Mountain Capital Partners III, L.P, a Delaware limited partnership (the “Shareholder”).
2- iii. In addition, and pursuant to the Restricted Stock Unit Agreements between Employee and Employer dated June 8, 2020, May 10, 2021 and May 10, 2022, if at the Separation Date you have outstanding Restricted Stock Units (as defined therein)...Separation and General Release Agreement • September 30th, 2022 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New Jersey
ContractPerformance Stock Unit Agreement • June 30th, 2017 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores
This PERFORMANCE STOCK UNIT AGREEMENT is entered into as of May 10, 2017 (the “Grant Date”), between BED BATH & BEYOND INC. (the “Company”) and Steven H. Temares (“you”).
AGREEMENTAgreement to Terminate Split-Dollar Agreements • May 13th, 2004 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
AGREEMENT (“Agreement”) dated as of the 27th day of February, 2004, between BED BATH & BEYOND, INC. (the “Employer”) and LEONARD FEINSTEIN, individually (the “Executive”).
ContractPerformance Stock Unit Agreement • July 16th, 2021 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores
This PERFORMANCE STOCK UNIT AGREEMENT is entered into as of ____________, 20__ (the “Grant Date”), between BED BATH & BEYOND INC. (the “Company”) and ____________________ (“you”).
ContractEmployment Agreement • January 26th, 2023 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • October 5th, 2010 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores
Reference is made to the Amended and Restated Employment Agreement between Bed Bath & Beyond Inc. (the “Company”) and Warren Eisenberg (the “Executive”), dated as of December 31, 2008, as amended pursuant to an extension agreement dated June 29, 2010 (the “Agreement”). The Agreement is now further amended as of August 13, 2010 as follows:
ASSET PURCHASE AGREEMENT DATED AS OF JUNE 29, 2023 BY AND AMONG BED BATH & BEYOND INC., DREAM 545 WESTON CANAL ROAD, LLC, MARK SROUR-SERURE AND DREAM ON ME INDUSTRIES, INC. AND THE OTHER PARTIES SIGNATORY HERETOAsset Purchase Agreement • July 12th, 2023 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • Delaware
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is made as of June 29, 2023 (the “Effective Date”), by and among Dream 545 Weston Canal Road, LLC, a New Jersey limited liability company (“Buyer”), the Persons listed as Guarantors on Section 1 of the Disclosure Schedules (collectively, the “Guarantors”), Bed Bath & Beyond Inc., a New York corporation (“BBBY”), and certain Subsidiaries of BBBY set forth on Annex A hereto (collectively and together with BBBY and each other Subsidiary of BBBY that has a right, title and interest in the Acquired Assets or Assumed Liabilities, “Sellers” and each individually a “Seller”). Capitalized terms used herein and not otherwise defined herein have the meaning set forth in Article I.
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • February 28th, 2014 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores
Reference is made to the Amended and Restated Employment Agreement between Bed Bath & Beyond Inc. (the “Company”) and Warren Eisenberg (the “Executive”), dated as of December 31, 2008, as amended as of June 29, 2010 and August 13, 2010 (the “Employment Agreement”). The Employment Agreement is now amended as of March 1, 2014 as follows:
May 29, 2007 Mr. Warren Eisenberg Dear Warren:Employment Agreement • July 11th, 2007 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores
By countersigning a copy of this letter, please confirm our mutual agreement pursuant to paragraph 2 of your Amended and Restated Employment Agreement dated as of April 3, 2002 to extend the “Final Date” from June 30, 2007 to June 30, 2010.
STOCK OPTION AGREMEENT dated as of 200 , between BED BATH & BEYOND INC. (the “Company”) and (First Name) (Middle Name) (Last Name) (“you”).Stock Option Agreement • July 7th, 2004 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores
