Winmark Corp Sample Contracts

AutoNDA by SimpleDocs
EXHIBIT 10.2 GROW BIZ INTERNATIONAL, INC. NONQUALIFIED STOCK OPTION AGREEMENT
Nonqualified Stock Option Agreement • May 8th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Minnesota
RECITALS
Credit Agreement • May 8th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail
ARTICLE I PURCHASE AND SALE OF PURCHASED ASSETS
Asset Purchase Agreement • September 14th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Florida
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT --------------------
Employment Agreement • March 23rd, 2001 • Grow Biz International Inc • Retail-miscellaneous retail
INTRODUCTION
Employment Agreement • May 8th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Minnesota
RECITALS
Credit Agreement • August 7th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Minnesota
RECITALS
Trademark License Agreement • September 14th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Florida
EXHIBIT 10.6 RETOOL(TM)
Franchise Agreement • March 15th, 1999 • Grow Biz International Inc • Retail-miscellaneous retail • Wisconsin
LEASE
Lease • August 7th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Minnesota
THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • March 22nd, 2000 • Grow Biz International Inc • Retail-miscellaneous retail
INTRODUCTION
Employment Agreement • March 23rd, 2001 • Grow Biz International Inc • Retail-miscellaneous retail • Minnesota
EXHIBIT 10.6 PLATO'S CLOSET(R) FRANCHISE AGREEMENT
Franchise Agreement • March 22nd, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Minnesota
LEASE AMENDING AGREEMENT NO. 2
Lease Amending Agreement • May 18th, 2018 • Winmark Corp • Retail-miscellaneous retail

THIS LEASE AMENDING AGREEMENT NO. 2 (“Amendment”) is made as of May 17, 2018, between G&I VIII 605 WATERFORD LLC, a Delaware limited liability company (“Landlord”), and WINMARK CORPORATION, a Minnesota corporation (“Tenant”).

AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENT
Intercreditor and Collateral Agency Agreement • April 13th, 2022 • Winmark Corp • Retail-miscellaneous retail • Minnesota

This Amended and Restated Intercreditor and Collateral Agency Agreement (this “Agreement”), dated as of this 12th day of April 2022, is by and among CIBC Bank USA (“CIBC”), The Prudential Insurance Company of America (“Prudential”), Pruco Life Insurance Company (“Pruco”), PAR U Hartford Life Insurance Comfort Trust (“PAR”), Prudential Annuities Life Assurance Corporation (“PALA”), The Prudential Life Insurance Company, Ltd. (“PLIC”), PGIM, Inc. (“PGIM”), CIBC, in its capacity as Bank Agent, CIBC, in its capacity as Collateral Agent, and the additional Senior Lenders that may from time to time become party hereto in accordance with the terms hereof. All terms used herein which are defined in Section 1 hereof or in the text of any other Section hereof shall have the meanings given therein.

DISTRIBUTION AND MANAGEMENT AGREEMENT dated as of , 2006 WINMARK CORPORATION and SUMNER HARRINGTON LTD.
Distribution and Management Agreement • April 19th, 2006 • Winmark Corp • Retail-miscellaneous retail • Minnesota

THIS DISTRIBUTION AND MANAGEMENT AGREEMENT is entered into as of this day of , 2006 by and between Winmark Corporation, a Minnesota corporation (the “Company”), and Sumner Harrington Ltd., a Minnesota corporation (the “Agent”).

STOCK PURCHASE AGREEMENT
Stock Purchase Agreement • May 19th, 2006 • Winmark Corp • Retail-miscellaneous retail

THIS STOCK PURCHASE AGREEMENT (“Agreement”), made and entered into effective as of May 16, 2006, by and among RUSH RIVER GROUP, LLC, a Minnesota limited liability company (“Seller”); and WINMARK CORPORATION, a Minnesota corporation (“Buyer”).

AMENDMENT NUMBER ONE TO SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • April 5th, 2006 • Winmark Corp • Retail-miscellaneous retail

This AMENDMENT NUMBER ONE TO SECURITIES PURCHASE AGREEMENT (this “Amendment”) is made and entered into as of April 4, 2006, by and between Winmark Corporation, a Minnesota corporation (the “Purchaser”), and BridgeFunds Limited, a Nevada corporation (the “Company”).

KOCH LETTERHEAD]
Lease Agreement • September 11th, 2008 • Winmark Corp • Retail-miscellaneous retail

Per our discussion, this letter, with your signature noting approval, will constitute a valid amendment to the lease agreement between our two companies dated July 10, 2000, as amended by that certain Amendment to Lease dated June 25, 2003 and Amendment No. 2 to Lease dated November 29, 2004 (collectively, the “Lease”) regarding your lease of the premises located at 4200 Dahlberg Drive, Golden Valley, MN.

RECITALS
Consultant Agreement • September 14th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Florida
LEASE By and Between Utah State Retirement Investment Fund (“Landlord”) AND Winmark Corporation (“Tenant”) Multi-Tenant Office Lease
Lease • October 2nd, 2008 • Winmark Corp • Retail-miscellaneous retail • Minnesota
AutoNDA by SimpleDocs
TRADEMARK SECURITY AGREEMENT
Trademark Security Agreement • May 18th, 2015 • Winmark Corp • Retail-miscellaneous retail • Minnesota

TRADEMARK SECURITY AGREEMENT, dated as of May 14, 2015, by Winmark Corporation, a Minnesota corporation (the “Company”), Wirth Business Credit, Inc., a Minnesota corporation (“Wirth”), Winmark Capital Corporation, a Minnesota corporation (“Winmark Capital”), and Grow Biz Games, Inc., a Minnesota corporation (“Grow Biz”; the Company, Wirth, Winmark Capital, Grow Biz, collectively the “Grantors”, and each individually a “Grantor”), in favor of THE PRIVATEBANK AND TRUST COMPANY, an Illinois bank and trust company, in its capacity as collateral agent for the Senior Lenders (as defined in the Intercreditor Agreement defined below) (the “Collateral Agent”).

NON-COMPETITION AGREEMENT
Non-Competition Agreement • January 26th, 2015 • Winmark Corp • Retail-miscellaneous retail • Minnesota

THIS NON-COMPETITION AGREEMENT (this “Agreement”) is made and entered into as of the 26th day of January 2015, by and among Steven C. Zola (“Zola”), Winmark Corporation, a Minnesota corporation (the “Winmark Corporation”) and Winmark Capital Corporation, a Minnesota corporation and wholly-owned subsidiary of Winmark Corporation (“Winmark Capital”).

AGREEMENT
Software License Agreement • September 14th, 2000 • Grow Biz International Inc • Retail-miscellaneous retail • Florida
OMNIBUS AMENDMENT TO COLLATERAL DOCUMENTS
Omnibus Amendment to Collateral Documents • April 13th, 2022 • Winmark Corp • Retail-miscellaneous retail • Minnesota

THIS OMNIBUS AMENDMENT TO COLLATERAL DOCUMENTS (this “Amendment”) is entered into as of this 12th day of April 2022 by and among CIBC Bank USA (formerly known as the PrivateBank and Trust Company), in its capacity as collateral agent (the “Collateral Agent”) for the Senior Lenders (as defined in the Intercreditor Agreement defined below, the “Senior Lenders”), Winmark Corporation, a Minnesota corporation (“Winmark”), Wirth Business Credit, Inc., a Minnesota corporation (“Wirth”), Winmark Capital Corporation, a Minnesota corporation ( “Winmark Capital”), and Grow Biz Games, Inc., a Minnesota corporation (“Grow Biz”).

REVOLVING NOTE
Revolving Note • July 23rd, 2010 • Winmark Corp • Retail-miscellaneous retail

This Note evidences indebtedness incurred under, and is subject to the terms and provisions of, the Credit Agreement, dated as of July 13, 2010 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”; terms not otherwise defined herein are used herein as defined in the Credit Agreement), among the undersigned, The PrivateBank and Trust Company, certain other lenders party thereto and the Lender, to which Credit Agreement reference is hereby made for a statement of the terms and provisions under which this Note may or must be paid prior to its due date or its due date accelerated.

AMENDMENT TO LEASE
Lease • March 22nd, 2004 • Winmark Corp • Retail-miscellaneous retail

THIS AMENDMENT to Lease (“Amendment”) is made and entered into as of June 25, 2003, between Stan Koch & Sons Trucking, Inc. (“Lessor”) and Winmark Corporation (“Tenant”).

364-DAY REVOLVING CREDIT AGREEMENT dated as of September 30, 2004 among WINMARK CORPORATION, as the Company and a Loan Party THE SUBSIDIARIES OF THE COMPANY, as Loan Parties, and LASALLE BANK NATIONAL ASSOCIATION, as Lender
364-Day Revolving Credit Agreement • November 9th, 2004 • Winmark Corp • Retail-miscellaneous retail

THIS 364-DAY REVOLVING CREDIT AGREEMENT dated as of September 30, 2004 (this “Agreement”) is entered into among WINMARK CORPORATION (the “Company”), the Subsidiaries of the Company that are or may from time to time become parties hereto (together with the Company and their respective successors and assigns, the “Loan Parties”) and LASALLE BANK NATIONAL ASSOCIATION (in its individual capacity, “LaSalle”), as the Lender.

AMENDMENT NO. 3 to CREDIT AGREEMENT
Credit Agreement • February 21st, 2014 • Winmark Corp • Retail-miscellaneous retail

THIS AMENDMENT NO. 3 TO CREDIT AGREEMENT (this “Amendment”) is made as of February 21, 2014, by and among WINMARK CORPORATION, WIRTH BUSINESS CREDIT, INC., WINMARK CAPITAL CORPORATION and GROW BIZ GAMES, INC. (each of the foregoing are referred to herein individually as a “Loan Party” and collectively as the “Loan Parties”), THE PRIVATEBANK AND TRUST COMPANY (the “Administrative Agent” and a “Lender”), and BMO HARRIS BANK N.A. (formerly known as HARRIS N.A.) (also a “Lender”).

AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT dated as of June 10, 2008
Revolving Credit Agreement • August 1st, 2008 • Winmark Corp • Retail-miscellaneous retail • Illinois

WHEREAS, the Loan Parties and LaSalle have entered into a 364-Day Revolving Credit Agreement dated as of September 30, 2004, as amended by an Amendment to 364-Day Revolving Credit Agreement dated as of August 26, 2005, a Second Amendment to 364-Day Revolving Credit Agreement dated as of March 31, 2006, a Third Amendment to 364-Day Revolving Credit Agreement dated as of May 19, 2006, a Fourth Amendment to 364-Day Revolving Credit Agreement dated as of August 15, 2007, and a Fifth Amendment to 364-Day Revolving Credit Agreement dated as of November 12, 2007 (as amended, the “Existing Credit Agreement”); and

FIRST AMENDMENT TO MODIFICATION AGREEMENT
Modification Agreement • October 21st, 2010 • Winmark Corp • Retail-miscellaneous retail

This FIRST AMENDMENT TO MODIFICATION AGREEMENT (this “Amendment”), made and entered into as of October 20, 2010, is by and among Winmark Corporation, a Minnesota corporation (“Winmark”) and BridgeFunds LLC, a Nevada Limited liability company (“BridgeFunds”).

SECOND AMENDMENT TO MODIFICATION AGREEMENT
Modification Agreement • July 25th, 2011 • Winmark Corp • Retail-miscellaneous retail

This SECOND AMENDMENT TO MODIFICATION AGREEMENT (this “Amendment”), made and entered into as of July 22, 2011, is by and among Winmark Corporation, a Minnesota corporation (“Winmark”) and BridgeFunds LLC, a Nevada Limited liability company (“BridgeFunds”).

AMENDED AND RESTATED PLEDGE AGREEMENT
Pledge Agreement • May 18th, 2015 • Winmark Corp • Retail-miscellaneous retail • Minnesota

THIS AMENDED AND RESTATED PLEDGE AGREEMENT, dated as of May 14, 2015 (this “Agreement”), is made and given by WINMARK CORPORATION, a Minnesota corporation (the “Pledgor”) to THE PRIVATEBANK AND TRUST COMPANY, an Illinois bank and trust company, in its capacity as collateral agent for the Senior Lenders (as defined in the Intercreditor Agreement defined below) (the “Collateral Agent”).

SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • November 9th, 2004 • Winmark Corp • Retail-miscellaneous retail • Nevada

THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of October 13, 2004, by and between Winmark Corporation, a Minnesota corporation (the “Purchaser”), and BridgeFunds Limited, a Nevada corporation (the “Company”). As used herein, the parties hereto are hereinafter sometimes referred to collectively as the “Parties” and each as a “Party”.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!