First Amendment to Note Purchase Agreements Dated as of December 22, 1997 and Second Amendment to Guaranty Agreement Dated as of December 22, 1997Note Purchase Agreement • April 2nd, 1999 • West Marine Inc • Retail-auto dealers & gasoline stations • California
AGREEMENT ---------Credit Agreement • May 15th, 2001 • West Marine Inc • Retail-auto dealers & gasoline stations • California
FOURTH AMENDMENT TO CREDIT AGREEMENT ------------------------------------Credit Agreement • November 10th, 1997 • West Marine Inc • Retail-auto dealers & gasoline stations • California
Exhibit 10.1 Indemnification Agreement This indemnification agreement (the "Agreement") is made as of the ____day of ________, ____, by and between West Marine, Inc., a Delaware corporation (the "Company), with an address at 500 Westridge Drive,...Indemnification Agreement • August 13th, 2002 • West Marine Inc • Retail-auto dealers & gasoline stations • Delaware
Exhibit 10.8 LEASE AGREEMENT 1. THIS LEASE AGREEMENT (hereinafter "Agreement") made and entered into as of September 4, 2001, between Randolph K. Repass [as trustee FBO Trust dated 6/25/96] (hereinafter "Landlord") and West Marine Products, Inc., a...Lease Agreement • March 29th, 2002 • West Marine Inc • Retail-auto dealers & gasoline stations
amongCredit Agreement • March 29th, 2002 • West Marine Inc • Retail-auto dealers & gasoline stations • California
West Marine, Inc. First Amendment Dated as of December 29, 1998Guaranty Agreement • April 2nd, 1999 • West Marine Inc • Retail-auto dealers & gasoline stations • California
AGREEMENT ---------Credit Agreement • May 16th, 2000 • West Marine Inc • Retail-auto dealers & gasoline stations • California
RECITALS --------Credit Agreement • May 6th, 1997 • West Marine Inc • Retail-auto dealers & gasoline stations • California
Exhibit 10.1 AMENDMENT NO. 1 TO CREDIT AGREEMENT This AMENDMENT NO. 1 TO CREDIT AGREEMENT (this "Amendment"), dated as of March 25, 2005 is entered into by and among WEST MARINE PRODUCTS, INC., a California corporation ("Borrower"), the Requisite...Credit Agreement • March 29th, 2005 • West Marine Inc • Retail-auto dealers & gasoline stations • California
Exhibit 10.10.1 ADDENDUM TO THAT CERTAIN LEASE BY AND BETWEEN CARL D. PANATTONI AND JOHN E. VAN VALKENBURGH ("LANDLORD") AND WEST MARINE PRODUCTS, A CORPORATION ("TENANT") This Addendum shall modify and, to the extent inconsistent with, amend that...Lease Agreement • March 29th, 2002 • West Marine Inc • Retail-auto dealers & gasoline stations
West Marine Finance Company, Inc. 6.85% Senior Guaranteed Notes due December 23, 2004 Note Purchase Agreement Dated as of December 22, 1997 TABLE OF CONTENTS (Not a part of the Agreement)Note Purchase Agreement • January 7th, 1998 • West Marine Inc • Retail-auto dealers & gasoline stations • California
Recitals: --------Net Lease Agreement • March 29th, 2002 • West Marine Inc • Retail-auto dealers & gasoline stations
AGREEMENT ---------Credit Agreement • April 2nd, 1999 • West Marine Inc • Retail-auto dealers & gasoline stations • California
GUARANTY --------Guaranty • March 29th, 2002 • West Marine Inc • Retail-auto dealers & gasoline stations • California
Minimum Fiscal Quarters Ratio --------------- ------- 2nd Qtr 1996 - 3rd Qtr 1997 1.00 to 1 Thereafter 1.25 to 1 3. Representations and Warranties. The Company hereby represents and ------------------------------ warrants to the Agent and the Banks as...Credit Agreement • August 8th, 1997 • West Marine Inc • Retail-auto dealers & gasoline stations • California
RECITALS --------Credit Agreement • March 26th, 1997 • West Marine Inc • Retail-auto dealers & gasoline stations • California
FIRST AMENDMENT TO CREDIT AGREEMENT ----------------------------------- AND GUARANTY ------------Credit Agreement • April 2nd, 1999 • West Marine Inc • Retail-auto dealers & gasoline stations • California
Recitals:Employment Agreement • August 13th, 2002 • West Marine Inc • Retail-auto dealers & gasoline stations • California
INDUSTRIAL BUILDING LEASE SummaryIndustrial Building Lease • August 8th, 1997 • West Marine Inc • Retail-auto dealers & gasoline stations • California
Options to Extend: First option to extend term: 5 years beginning November 1, 2006 Last day to exercise option: October 31, 2005 Second option to extend: 5 years beginning November 1, 2011 Last day to exercise option: October 31, 2010 See Paragraph 2.02 of the Lease.
SECURITY AGREEMENTSecurity Agreement • October 19th, 2004 • West Marine Inc • Retail-auto dealers & gasoline stations • California
THIS SECURITY AGREEMENT, dated as of October 14, 2004, is entered into by and among WEST MARINE PRODUCTS, INC., a California corporation (the “Company”), each other signatory to this Security Agreement (other than the Administrative Agent), each of the other entities which becomes a party hereto pursuant to Section 10.15 hereof (each of the foregoing, including the Company, a “Grantor” and collectively, the “Grantors”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent (in such capacity, the “Administrative Agent”) for the financial institutions which are from time to time parties to the Credit Agreement referred to in Recital A below (collectively, the “Lenders”).
RECITALS --------Net Lease Agreement • March 29th, 2002 • West Marine Inc • Retail-auto dealers & gasoline stations
AGREEMENT ---------Executive Termination Compensation Agreement • March 29th, 2001 • West Marine Inc • Retail-auto dealers & gasoline stations • California
JOINDER AND SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 7th, 2017 • West Marine Inc • Retail-auto dealers & gasoline stations • New York
This Joinder and Second Amendment to Amended and Restated Loan and Security Agreement (the “Amendment”) is made as of the 10th day of April, 2017, by and among:
FIRST AMENDMENT TO INDUSTRIAL REAL ESTATE LEASE (SINGLE-TENANT FACILITY)Industrial Real Estate Lease • March 29th, 2002 • West Marine Inc • Retail-auto dealers & gasoline stations
CREDIT AGREEMENT Dated as of October 14, 2004 among WEST MARINE PRODUCTS, INC., as Borrower, THE LENDERS NAMED HEREIN, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent and Arranger and UNION BANK OF CALIFORNIA, N.A., as Syndication...Credit Agreement • October 19th, 2004 • West Marine Inc • Retail-auto dealers & gasoline stations • California
This CREDIT AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into by and among WEST MARINE PRODUCTS, INC., a California corporation (“Borrower”), each lender whose name is set forth on the signature pages of this Agreement and each lender that may hereafter become a party to this Agreement pursuant to Section 11.8 or that otherwise becomes a party to this Agreement pursuant to Section 2.6(c) (each a “Lender” and collectively, “Lenders”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent and Arranger, UNION BANK OF CALIFORNIA, N.A., as Syndication Agent, and BANK OF AMERICA, N.A., as Documentation Agent.
AMENDED AND RESTATED LEASE AGREEMENTLease Agreement • December 6th, 2005 • West Marine Inc • Retail-auto dealers & gasoline stations • Maryland
GUARANTY AGREEMENT Dated as of October 14, 2004 by EACH GUARANTOR PARTY HERETO in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, as the Administrative AgentGuaranty Agreement • March 25th, 2005 • West Marine Inc • Retail-auto dealers & gasoline stations • California
This GUARANTY AGREEMENT (this “Guaranty”), dated as of October 14, 2004, is made by each of the Persons listed on the signature pages hereto and each of the other entities which becomes a party hereto pursuant to Section 4.14 hereof (each a “Guarantor” and jointly and severally, the “Guarantors”) in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders referred to below (in such capacity, together with its successors in such capacity, the “Administrative Agent”).
AGREEMENT AND PLAN OF MERGER among RISING TIDE PARENT INC., RISING TIDE MERGER SUB INC. and WEST MARINE, INC. Dated as of June 29, 2017Merger Agreement • June 30th, 2017 • West Marine Inc • Retail-auto dealers & gasoline stations • Delaware
Second. The address of the Corporation’s registered office in the State of Delaware is [___________]. The name of the Corporation’s registered agent at such address is [____________].
VOTING AND SUPPORT AGREEMENTVoting and Support Agreement • August 7th, 2017 • West Marine Inc • Retail-auto dealers & gasoline stations • Delaware
VOTING AND SUPPORT AGREEMENT (this “Agreement”), dated as of June 29, 2017, is by and among Rising Tide Parent, Inc., a Delaware corporation (“Parent”), Rising Tide Merger Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Sub”), and the Persons set forth on Schedule I attached hereto (“Stockholder”).
FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 5th, 2012 • West Marine Inc • Retail-auto dealers & gasoline stations • New York
This First Amendment to Amended and Restated Loan and Security Agreement (the “Amendment”) is made as of the 30th day of November, 2012, by and among:
CONFIDENTIALITY AND NON-SOLICIT AGREEMENTConfidentiality and Non-Solicit Agreement • May 17th, 2012 • West Marine Inc • Retail-auto dealers & gasoline stations
This Confidentiality and Non-Solicit Agreement ("Agreement") sets forth my responsibility as an Associate of West Marine, Inc. and its subsidiaries ("West Marine"). In consideration for West Marine offering me employment in accordance with the letter dated May 11, 2012 (the "Offer Letter"), I acknowledge and agree as follows:
SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • May 13th, 2003 • West Marine Inc • Retail-auto dealers & gasoline stations
This is a second amendment (“Second Amendment”), effective as of this 7th day of April, 2003, to that certain Employment Agreement dated as of May 1, 2002 and entered into by and between West Marine, Inc., a Delaware corporation and all of its subsidiary corporations (collectively, “Company”), each with an address at 500 Westridge Drive, Watsonville, California 95076, and Russell Solt (“Executive”), residing at 202 3rd Street, P.O. Box 2142 Gearhart, Oregon 97138 (“Employment Agreement”), as amended by that certain First Amendment to the Employment Agreement dated as of September 17, 2002 (“First Amendment”).
LEASE AMENDMENT IILease Amendment • March 25th, 2005 • West Marine Inc • Retail-auto dealers & gasoline stations
This lease amendment is made this 25th day of June 1998, and attached to that certain lease agreement dated the 1st day of December 1986, by and between Indian Creek Company (ICC), a Virginia Limited Partnership (“Landlord”) and Boat America Corporation, a Virginia Corporation (“Tenant”).
MARKETING AGREEMENTMarketing Agreement • November 12th, 2004 • West Marine Inc • Retail-auto dealers & gasoline stations • Virginia
Effective this 14th day of January, 2003 (the “Effective Date”), this Marketing Agreement (the “Agreement”) is entered by, between and among Boat America Corporation, a Virginia corporation with its principal place of business at 884 South Pickett Street, Alexandria, Virginia 22304 (“Boat America”), Boat Owners Association of The United States, a non-stock corporation organized under the laws of the District of Columbia, with its principal place of business at 880 South Pickett Street, Alexandria, Virginia 22304 (the “Association”) and West Marine Products, Inc., a California corporation with its principal place of business at 500 Westridge Drive, Watsonville, California 95076 (“West Marine”).
