Bank Jos a Clothiers Inc /De/ Sample Contracts

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INDEMNIFICATION AGREEMENT
Indemnification Agreement • April 2nd, 2014 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores • Delaware

THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made this ___ day of January, 2014, by and between JOS. A. BANK CLOTHIERS, INC., a Delaware corporation (the “Company”), and BYRON L. BERGREN (“Indemnitee”).

LANDLORD: CONTINENTAL STEWART WAREHOUSE LIMITED PARTNERSHIP TENANT: JOS. A. BANK CLOTHIERS, INC. LEASE
Lease • June 15th, 1998 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores • Maryland
JOS. A. BANK CLOTHIERS, INC. and CONTINENTAL STOCK TRANSFER & TRUST COMPANY as Rights Agent RIGHTS AGREEMENT Dated as of September 6, 2007
Rights Agreement • September 7th, 2007 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores • Delaware

THIS RIGHTS AGREEMENT (“Agreement”), dated as of September 6, 2007, between JOS. A. BANK CLOTHIERS, INC., a Delaware corporation (the “Company”), and CONTINENTAL STOCK TRANSFER & TRUST COMPANY (“Rights Agent”).

AND
Collective Bargaining Agreement • May 10th, 2006 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores
and
Rights Agreement • September 22nd, 1997 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores • Delaware
ARTICLE 2 LEASE TERM
Net Lease Agreement • June 15th, 1998 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores • Maryland
FIRST AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • April 30th, 1999 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores
SUBLEASE
Sublease • June 15th, 1998 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores
AGREEMENT AND PLAN OF MERGER BY AND AMONG THE MEN’S WEARHOUSE, INC., JAVA CORP. AND JOS. A. BANK CLOTHIERS, INC. DATED AS OF MARCH 11, 2014
Merger Agreement • March 11th, 2014 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of March 11, 2014, is by and among The Men’s Wearhouse, Inc., a Texas corporation (“Parent”), Java Corp., a Delaware corporation and an indirect, wholly-owned Subsidiary of Parent (“Purchaser”), and Jos. A. Bank Clothiers, Inc., a Delaware corporation (the “Company”).

INDEMNIFICATION AGREEMENT
Indemnification Agreement • September 1st, 2010 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores • Delaware

THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made this 30th day of August, 2010, by and between Jos. A. Bank Clothiers, Inc., a Delaware corporation (the “Company”), and Robert B. Hensley (“Indemnitee”).

INDEMNIFICATION AGREEMENT
Indemnification Agreement • September 1st, 2010 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores • Delaware

THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made this 30th day of August, 2010, by and between Jos. A. Bank Clothiers, Inc., a Delaware corporation (the “Company”), and Charles D. Frazer (“Indemnitee”).

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THIRD AMENDMENT TO EMPLOYMENT AGREEMENT
Employment Agreement • December 29th, 2010 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores

THIS THIRD AMENDMENT (this “Amendment”) is made as of the 28th day of December, 2010 to that certain EMPLOYMENT AGREEMENT, dated as of June 3, 2008, as heretofore amended (collectively, the “Employment Agreement”), by and between GARY MERRY (“Executive”) and JOS. A BANK CLOTHIERS, INC. (“Employer”).

JOS. A. BANK CLOTHIERS, INC. 2010 EQUITY INCENTIVE PLAN NON-EMPLOYEE DIRECTOR RESTRICTED STOCK UNIT INAUGURAL AWARD AGREEMENT
Non-Employee Director Restricted Stock Unit Award Agreement • June 18th, 2010 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores • Delaware

THIS NON-EMPLOYEE DIRECTOR RESTRICTED STOCK UNIT INAUGURAL AWARD AGREEMENT (this “Award Agreement”) is made this day of , 20_____, by and between Jos. A. Bank Clothiers, Inc. (the “Company”) and (“you” or “the Participant”).

EXHIBIT 10.18(c) THIRD AMENDMENT TO EMPLOYMENT AGREEMENT THIS THIRD AMENDMENT (this "Amendment") is made as of this 29 day of May, 2002 to that certain EMPLOYMENT AGREEMENT, dated as of December 21, 1999 (as heretofore amended, the "Employment...
Employment Agreement • June 18th, 2002 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores

THIS THIRD AMENDMENT (this "Amendment") is made as of this 29 day of May, 2002 to that certain EMPLOYMENT AGREEMENT, dated as of December 21, 1999 (as heretofore amended, the "Employment Agreement"), by and between R. NEAL BLACK ("Employee") and JOS. A. BANK CLOTHIERS, INC. ("Employer").

EMPLOYMENT AGREEMENT
Employment Agreement • April 8th, 2009 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores • Maryland

THIS EMPLOYMENT AGREEMENT is made as of the 30th day of January 2009, by and between JAMES W. THORNE (“Employee”) and JOS. A. BANK CLOTHIERS, INC. (“Employer” or “Company”).

SEVENTH AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • March 31st, 2010 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores

THIS SEVENTH AMENDMENT (this “Amendment”) is made as of the 30th day of March, 2010 to that certain AMENDED AND RESTATED EMPLOYMENT AGREEMENT, dated as of May 15, 2002, as amended (collectively, the “Employment Agreement”), by and between DAVID E. ULLMAN (“Employee”) and JOS. A. BANK CLOTHIERS, INC. (“Employer”).

FOURTEENTH AMENDMENT TO EMPLOYMENT AGREEMENT
Employment Agreement • March 28th, 2012 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores

THIS FOURTEENTH AMENDMENT (this “Amendment”) is made as of the 27th day of March, 2012 to that certain EMPLOYMENT AGREEMENT, dated as of November 30, 1999, (as previously amended, the “Employment Agreement”), by and between ROBERT HENSLEY (“Employee”) and JOS. A. BANK CLOTHIERS, INC. (“Employer”).

COLLECTIVE BARGAINING AGREEMENT BETWEEN LOCAL 340, NEW YORK NEW JERSEY REGIONAL JOINT BOARD, WORKERS UNITED and JOS. A. BANK CLOTHIERS, INC. JUNE 1, 2013 - APRIL 30, 2016
Collective Bargaining Agreement • April 2nd, 2014 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores

THIS AGREEMENT made as of the 1st day of June, 2013 by and between Local 340, New York New Jersey Regional Joint Board, Workers United, hereinafter referred to as the “UNION” for and on behalf of the employees covered by this Agreement and Jos. A. Bank Clothiers, Inc., hereinafter referred to as the “EMPLOYER.”

FIRST AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • April 3rd, 2013 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores

THIS FIRST AMENDMENT (this “Amendment”) is made as of the 2nd day of April, 2013, to that certain AMENDED AND RESTATED EMPLOYMENT AGREEMENT, dated as of August 30, 2010 (the “Employment Agreement”), by and between R. NEAL BLACK (“Executive”) and JOS. A. BANK CLOTHIERS, INC. (“Employer”).

TENTH AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • March 28th, 2012 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores

THIS TENTH AMENDMENT (this “Amendment”) is made as of the 27th day of March, 2012 to that certain AMENDED AND RESTATED EMPLOYMENT AGREEMENT, dated as of May 15, 2002, (as previously amended, the “Employment Agreement”), by and between DAVID E. ULLMAN (“Employee”) and JOS. A. BANK CLOTHIERS, INC. (“Employer”).

SIXTH AMENDMENT TO EMPLOYMENT AGREEMENT
Employment Agreement • April 3rd, 2013 • Bank Jos a Clothiers Inc /De/ • Retail-apparel & accessory stores

THIS SIXTH AMENDMENT (this “Amendment”) is made as of the 2nd day of April, 2013 to that certain EMPLOYMENT AGREEMENT, dated as of June 3, 2008 (as previously amended, the “Employment Agreement”), by and between GARY MERRY (“Employee”) and JOS. A. BANK CLOTHIERS, INC. (“Employer”).

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