EXHIBIT 10.36 [FINOVA FINANCIAL INNOVATORS LOGO] LOAN AND SECURITY AGREEMENT FRESH CHOICE, INC. 2901 TASMAN DRIVE, SUITE 109 SANTA CLARA, CALIFORNIA 95054 FED ID TAX NO.Loan and Security Agreement • March 26th, 1999 • Fresh Choice Inc • Retail-eating places • Arizona
1 EXHIBIT 10.29 LOAN MODIFICATION AGREEMENT This Loan Modification Agreement is entered into as of November 27, 1996, by and between Fresh Choice, Inc. ("Borrower") whose address is 2901 Tasman Drive, Suite 109, Santa Clara, CA 95054, and Silicon...Loan Modification Agreement • March 28th, 1997 • Fresh Choice Inc • Retail-eating places
REGISTRATION RIGHTS AGREEMENT BY AND BETWEEN CRESCENT REAL ESTATE EQUITIES LIMITED PARTNERSHIP AND FRESH CHOICE, INC.Registration Rights Agreement • October 23rd, 1996 • Fresh Choice Inc • Retail-eating places • Delaware
AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 30th, 1997 • Fresh Choice Inc • Retail-eating places
Exhibit 99.1 CONFIDENTIAL SEPARATION AGREEMENT AND GENERAL RELEASE OF CLAIMS 1. Jeff Jefferson ("Employee") is employed by Fresh Choice, Inc. (the "Company") as the Company's chief executive officer. The Company and Employee agree that the employment...Confidential Separation Agreement • September 24th, 2004 • Fresh Choice Inc • Retail-eating places
FORM OF SEVERANCE AGREEMENT AMENDED 3/11/99Severance Agreement • March 26th, 1999 • Fresh Choice Inc • Retail-eating places • California
AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 29th, 1998 • Fresh Choice Inc • Retail-eating places
October 9, 2001 Mr. Everett F. (“Jeff”) Jefferson San Jose, CA 95138 Dear Jeff:Employment Agreement • October 23rd, 2001 • Fresh Choice Inc • Retail-eating places
On behalf of the Fresh Choice Board of Directors, I would like to offer you the following employment agreement which supercedes all previous employment agreements, either verbal or in writing, between you and Fresh Choice, Inc. The terms of the employment agreement are as follows:
August 13, 2003 David E. Pertl, Senior Vice President & Chief Financial Officer Fresh Choice, Inc.Revolving Loan Agreement • October 10th, 2003 • Fresh Choice Inc • Retail-eating places
April 7, 2003 David E. Pertl, Senior Vice President & Chief Financial Officer Fresh Choice, Inc.Revolving Loan Agreement • April 29th, 2003 • Fresh Choice Inc • Retail-eating places
PROMISSORY NOTE SECURED BY DEED OF TRUSTPromissory Note • October 23rd, 2001 • Fresh Choice Inc • Retail-eating places
November 19, 2003 David E. Pertl, Senior Vice President & Chief Financial Officer Fresh Choice, Inc. 485 Cochrane Circle Morgan Hill, Ca 95037 Dear David,Revolving Loan Agreement • March 18th, 2004 • Fresh Choice Inc • Retail-eating places
In response to your recent request, Mid-Peninsula Bank, subject to your acceptance and acknowledgement, hereby agrees to amend our Revolving Loan Agreement with Fresh Choice, Inc. dated October 5, 2001 (as amended June 3, 2002 and subsequently amended as of December 10, 2002, April 7, 2003, and August 13, 2003) as follows:
MID-PENINSULA BANKRevolving Loan Agreement • May 6th, 2002 • Fresh Choice Inc • Retail-eating places
FRESH CHOICE, INC., a Delaware corporation, as Trustor, to GREATER BAY BANCORP, a California corporation, as Trustee, for the benefit of MID-PENINSULA BANK, a California banking corporation, as BeneficiaryCommercial Deed of Trust, Financing Statement, Security Agreement and Fixture Filing • October 23rd, 2001 • Fresh Choice Inc • Retail-eating places • Texas
This instrument is a Commercial Deed of Trust, Financing Statement, Security Agreement and Fixture Filing (with Assignment of Rents and Leases) of both real and personal property, including fixtures. This instrument contains provisions accelerating the obligations hereby secured upon certain sales or further encumbrances of the property hereby covered.
November 19, 2003 David E. Pertl, Senior Vice President & Chief Financial Officer Fresh Choice, Inc. 485 Cochrane Circle Morgan Hill, Ca 95037 Dear David,Commercial Deed of Trust • March 18th, 2004 • Fresh Choice Inc • Retail-eating places
In response to your recent request, Mid-Peninsula Bank, subject to your acceptance and acknowledgement, hereby agrees to amend our Commercial Deed Of Trust, Financing Statement, Security Agreement and Fixture Filing (with Assignment Of Rents and Leases) dated August 13, 2001 (as amended August 13, 2003), as follows:
December 10, 2002 David E. Pertl, Senior Vice President & CFO Fresh Choice, Inc.Revolving Loan Agreement • March 21st, 2003 • Fresh Choice Inc • Retail-eating places
REVOLVING LOAN AGREEMENTRevolving Loan Agreement • October 23rd, 2001 • Fresh Choice Inc • Retail-eating places • California
THIS REVOLVING LOAN AGREEMENT ("Agreement") is made as of this 5th day of October, 2001, by and between FRESH CHOICE, INC., a Delaware corporation ("Borrower"), and MID–PENINSULA BANK, a California Banking Corporation ("Lender").
EXHIBIT 10.34 April 17, 1998 Charles A. Lynch 96 Ridgeview Drive Atherton, CA 94027 Dear Charlie: This letter will confirm our agreement that pursuant to the decision of the Board of Directors at its meeting on March 31, 1998, you will serve as a...Consulting Agreement • July 29th, 1998 • Fresh Choice Inc • Retail-eating places
August 13, 2003 David E. Pertl, Senior Vice President & Chief Financial Officer Fresh Choice, Inc.Commercial Deed of Trust • October 10th, 2003 • Fresh Choice Inc • Retail-eating places
CHANGE IN TERMS AGREEMENTChange in Terms Agreement • July 22nd, 2002 • Fresh Choice Inc • Retail-eating places
References in the shaded area are for Lender’s use only and do not limit the applicability of this document to any particular loan or item. Any item above containing “***” has been omitted due to text length limitations.
1 EXHIBIT 10.35 LOAN MODIFICATION AND FORBEARANCE AGREEMENT This Loan Modification and Forbearance Agreement (this "Agreement") is entered into as of October 28, 1998, by and between Fresh Choice, Inc. ("Borrower") and Silicon Valley Bank ("Bank"). 1....Loan Modification and Forbearance Agreement • March 26th, 1999 • Fresh Choice Inc • Retail-eating places
PLEDGE AGREEMENTPledge Agreement • October 23rd, 2001 • Fresh Choice Inc • Retail-eating places • California
This Pledge Agreement (this "Agreement") is made and entered into as of October 5, 2001 by and between FRESH CHOICE, INC., a Delaware corporation ("Borrower") and MID-PENINSULA BANK, a California banking corporation, (“Bank”).
SEVERANCE AGREEMENT (Amended and Restated August 14, 2001)Severance Agreement • October 23rd, 2001 • Fresh Choice Inc • Retail-eating places • California
This Severance Agreement originally effective as of _______ is hereby amended and restated in its entirety effective _______________, is made by and between FRESH CHOICE, INC. (“Fresh Choice” or the “Company”) and _____________________ (“the Employee”).
TRUST AGREEMENT UNDER THE NON QUALIFIED DEFERRED COMPENSATION PLAN OF FRESH CHOICE, INC.Trust Agreement • March 29th, 2002 • Fresh Choice Inc • Retail-eating places • California
This Agreement is made this 17th day of December 2001 by and between FRESH CHOICE, INC. (Company) and David E. Pertl and Joan M. Miller, who shall act as Co-Trustees hereunder and shall hereinafter be referred to simply as "Trustee";
1 Exhibit 10.31 AGREEMENT OF SALE AND PURCHASE THIS AGREEMENT OF SALE AND PURCHASE, entered into this 2nd day of April, 1997 (the "Effective Date"), by and between FRESH CHOICE, INC., a Delaware corporation (hereinafter referred to as "Buyer"), and...Agreement of Sale and Purchase • July 30th, 1997 • Fresh Choice Inc • Retail-eating places • Washington
