EXHIBIT 10.4(a) FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE (this "Amendment") is made and entered into effective as of the 1st day of February, 2001 by and between MP 437 Tower CS, Inc., by RREEF Management Company ("Landlord") and...Assignment and Assumption Agreement • May 1st, 2002 • Blyth Inc • Miscellaneous manufacturing industries • Illinois
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EXHIBIT 10.10Registration Rights Agreement • December 14th, 2000 • Blyth Inc • Miscellaneous manufacturing industries • Connecticut
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CAROL STREAM I CAROL STREAM, ILLINOIS LEASE AGREEMENT BetweenLease Agreement • April 29th, 1998 • Blyth Industries Inc • Miscellaneous manufacturing industries • Illinois
Contract Type FiledApril 29th, 1998 Company Industry Jurisdiction
RECITALS:Blyth Industries Inc • April 28th, 2000 • Miscellaneous manufacturing industries • New York
Company FiledApril 28th, 2000 Industry Jurisdiction
Exhibit 1.1 BLYTH INDUSTRIES, INC. 7.90% Senior Notes due 2009 UNDERWRITING AGREEMENT September 24, 1999 UNDERWRITING AGREEMENTUnderwriting Agreement • September 28th, 1999 • Blyth Industries Inc • Miscellaneous manufacturing industries • New York
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TABLE OF CONTENTS _______________ PAGE ---- ARTICLE 1 DEFINITIONS SECTION 1.01. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . 1 SECTION 1.02. ACCOUNTING TERMS AND DETERMINATIONS . . . . . . . . . 20 SECTION 1.03. TYPES OF BORROWINGS . . . . ....Credit Agreement • December 15th, 1997 • Blyth Industries Inc • Miscellaneous manufacturing industries • New York
Contract Type FiledDecember 15th, 1997 Company Industry Jurisdiction
ASSUMPTION AGREEMENT This Assumption Agreement (this "Assumption Agreement") is dated as of October 17, 1997 and entered into by and between CANDLE CORPORATION WORLDWIDE, INC., a Delaware corporation ("WORLDWIDE"), CANDLE CORPORATION OF AMERICA, a New...Assumption Agreement • December 15th, 1997 • Blyth Industries Inc • Miscellaneous manufacturing industries
Contract Type FiledDecember 15th, 1997 Company Industry
EXHIBIT 10.3(b) SECOND AMENDMENT TO STANDARD FORM INDUSTRIAL LEASE (NET) THIS SECOND AMENDMENT TO STANDARD FORM INDUSTRIAL LEASE (NET) (this "AMENDMENT") is made and entered into as of this 4th day of August, 2000 by and between Carol Point LLC c/o...Blyth Inc • May 1st, 2002 • Miscellaneous manufacturing industries • Illinois
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ARTICLE 1 TERMSSupplemental Indenture • September 28th, 1999 • Blyth Industries Inc • Miscellaneous manufacturing industries • New York
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PURCHASE AGREEMENT TABLE OF CONTENTSEscrow Agreement • January 2nd, 1998 • Blyth Industries Inc • Miscellaneous manufacturing industries • New York
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BLYTH INDUSTRIES, INC. SPECIMEN AMENDED AND RESTATEDBlyth Industries Inc • December 15th, 1997 • Miscellaneous manufacturing industries
Company FiledDecember 15th, 1997 Industry
EXHIBIT 10.3(c) THIRD AMENDMENT TO STANDARD FORM INDUSTRIAL LEASE (NET) THIS THIRD AMENDMENT TO STANDARD FORM INDUSTRIAL LEASE (NET) (this "Amendment") is made and entered into effective as of the 28th day of February, 2001 by and between Carol Point...Lease Agreement • May 1st, 2002 • Blyth Inc • Miscellaneous manufacturing industries • Illinois
Contract Type FiledMay 1st, 2002 Company Industry Jurisdiction
AMENDMENT NO. 1 AMENDMENT dated as of May 13, 1999 to (i) the Credit Agreement (the "CREDIT AGREEMENT") dated as of October 17, 1997 among Blyth Industries, Inc., a Delaware corporation, the Banks party thereto, Morgan Guaranty Trust Company of New...Credit Agreement • April 28th, 2000 • Blyth Industries Inc • Miscellaneous manufacturing industries • New York
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AGREEMENT AND PLAN OF MERGER BY AND AMONG CB SHINE HOLDINGS, LLC, CB SHINE MERGER SUB, INC., AND BLYTH, INC. Dated as of August 30, 2015Agreement and Plan of Merger • August 31st, 2015 • Blyth Inc • Miscellaneous manufacturing industries • Delaware
Contract Type FiledAugust 31st, 2015 Company Industry JurisdictionThis AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of August 30, 2015 by and among CB Shine Holdings, LLC, a Delaware limited liability company (“Parent”), CB Shine Merger Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”) and Blyth, Inc., a Delaware corporation (the “Company”).
RECITALS:Note Purchase Agreements • December 15th, 1997 • Blyth Industries Inc • Miscellaneous manufacturing industries • New York
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BLYTH, INC., AS ISSUER, AND U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE INDENTURE DATED AS OF May 10, 2013 $50,000,000 6.00% SENIOR NOTES DUE 2017Blyth Inc • August 2nd, 2013 • Miscellaneous manufacturing industries • New York
Company FiledAugust 2nd, 2013 Industry Jurisdiction
as mortgagee (Mortgagee) MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILINGSecurity Agreement and Fixture • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries
Contract Type FiledMarch 13th, 2015 Company IndustryThis MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (this “Security Instrument” or “Mortgage”) is made as of the 9th day of March, 2015, by PARTYLITE WORLDWIDE, LLC, a Delaware limited liability company, having its principal place of business at 59 Armstrong Road, P.O. Box 976, Plymouth, Massachusetts 02360, as mortgagor (“Mortgagor”), to GFIE, LLC, a Florida limited liability company, having an address at 11950 Turtle Beach Road, North Palm Beach, Florida 33408, Attn: Robert B. Goergen (together with its successors and assigns, “Mortgagee”), as mortgagee.
BLYTH, INC. RETENTION AND SEVERANCE AGREEMENTRetention and Severance Agreement • August 11th, 2014 • Blyth Inc • Pharmaceutical preparations • Connecticut
Contract Type FiledAugust 11th, 2014 Company Industry JurisdictionTHIS RETENTION AND SEVERANCE AGREEMENT (this “Agreement”), made and entered into as of August 11, 2014, by and between Blyth, Inc., a Delaware corporation (the “Company”), and Jane F. Casey, an individual residing at 49 Bay Drive Annapolis, MD 21403 (the “Executive”).
SECOND AMENDMENT TO MEMBERSHIP INTEREST PURCHASE AGREEMENTMembership Interest Purchase Agreement • January 13th, 2012 • Blyth Inc • Miscellaneous manufacturing industries • New York
Contract Type FiledJanuary 13th, 2012 Company Industry JurisdictionSECOND AMENDMENT, dated as of January 12, 2012 (this “Amendment”), to the Membership Interest Purchase Agreement (the “Purchase Agreement”), dated as of August 4, 2008, as amended by the First Amendment on October 21, 2008 (the “First Amendment”), by and among Blyth, Inc., a Delaware corporation (“Parent”), Blyth VSH Acquisition Corporation, a Delaware corporation and wholly-owned subsidiary of Parent (the “Buyer”), ViSalus Holdings, LLC, a Delaware limited liability company (the “Company”), and all of the members of the Company, each of whose names are listed on Exhibit A to the Purchase Agreement (each, individually, a “Seller” and, collectively, the “Sellers”).
GUARANTY AGREEMENTGuaranty Agreement • December 15th, 1997 • Blyth Industries Inc • Miscellaneous manufacturing industries • New York
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RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • August 6th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • Delaware
Contract Type FiledAugust 6th, 2015 Company Industry JurisdictionRESTRICTED STOCK UNIT AGREEMENT, dated as of March 10, 2015 (this “Agreement”), by and between Blyth, Inc., a Delaware corporation (the “Company”), and (the “Participant”).
COLLATERAL AGREEMENTCollateral Agreement • September 8th, 2014 • Blyth Inc • Miscellaneous manufacturing industries • New York
Contract Type FiledSeptember 8th, 2014 Company Industry JurisdictionCOLLATERAL AGREEMENT, dated as of September 4, 2014, made by Blyth, Inc. a Delaware corporation (the “Issuer”), the other Persons listed on the signature pages hereof and the Additional Grantors (as defined herein) in favor of U.S. Bank National Association, as collateral agent (in such capacity, together with any successor agent, the “Collateral Agent”) for the Holders (together with the Collateral Agent and the Trustee (as defined below), the “Secured Parties”) of the Amended and Restated Senior Notes due 2017 (the “Securities”, which term shall include any amendments, restatements, supplements or other modifications thereto), issued pursuant to the terms of that certain Indenture, dated as of May 10, 2013, by and among the Issuer, the other Grantors and U.S. Bank National Association, as Trustee (in such capacity, together with any successor agent, the “Trustee”) and Collateral Agent (as amended, restated, supplemented waived and/or otherwise modified from time to time, including pu
NON-QUALIFIED STOCK OPTION AGREEMENT (Executive Form)Non-Qualified Stock Option Agreement • July 1st, 2013 • Blyth Inc • Miscellaneous manufacturing industries • Nevada
Contract Type FiledJuly 1st, 2013 Company Industry JurisdictionNON-QUALIFIED STOCK OPTION AGREEMENT, dated as of ___________, 2013 (this “Agreement”), by and between ViSalus, Inc., a Nevada corporation (the “Company”) and _______________ (the “Participant”).
COPYRIGHT COLLATERAL ASSIGNMENT AND SECURITY AGREEMENTCollateral Assignment and Security Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
Contract Type FiledMarch 13th, 2015 Company Industry JurisdictionThis COPYRIGHT COLLATERAL ASSIGNMENT AND SECURITY AGREEMENT dated as of March 9, 2015 (this “Agreement”), is made by and among Blyth, Inc., a Delaware corporation (“Blyth”), Silver Star Brands, Inc., a Wisconsin corporation (“Silver Star”), Candle Corporation of America, a New York corporation (“Candle Corp” and together with, Blyth and Silver Star, collectively, the “Assignors” and each an “Assignor”) and BANK OF AMERICA, N.A., a national banking association (the “Lender”).
RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • July 1st, 2013 • Blyth Inc • Miscellaneous manufacturing industries • Nevada
Contract Type FiledJuly 1st, 2013 Company Industry JurisdictionRESTRICTED STOCK UNIT AGREEMENT, dated as of ___________, 2013 (this “Agreement”), by and between ViSalus, Inc., a Nevada corporation (the “Company”), and ____________ (the “Participant”).
PATENT COLLATERAL ASSIGNMENT AND SECURITY AGREEMENTAnd Security Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
Contract Type FiledMarch 13th, 2015 Company Industry JurisdictionThis PATENT COLLATERAL ASSIGNMENT AND SECURITY AGREEMENT (this “Agreement”) dated as of March 9, 2015, is made by and among PartyLite Worldwide, LLC, a Delaware limited liability company (“PartyLite WW”) and Candle Corporation of America, a New York corporation (“Candle Corp” and together with PartyLite WW, collectively, the “Assignors” and each an “Assignor”) and BANK OF AMERICA, N.A., a national banking association (the “Lender”).
STOCK PLEDGE AGREEMENTBlyth Inc • March 13th, 2015 • Miscellaneous manufacturing industries • Florida
Company FiledMarch 13th, 2015 Industry JurisdictionTHIS STOCK PLEDGE AGREEMENT (as the same now exists or may be hereafter amended, amended and restated, supplemented or otherwise modified from time to time, the “Stock Pledge Agreement”) is made and entered into as of the 9th day of March, 2015, by and between BLYTH, INC., a Delaware corporation, BLYTH HOME EXPRESSIONS, INC., a Delaware corporation, BLYTH DIRECT SELLING HOLDINGS, INC., a Delaware corporation, BLYTH CATALOG AND INTERNET HOLDINGS, INC., a Delaware corporation, KWA, INC., a Minnesota corporation, PURPLE TREE, INC., a Delaware corporation, PARTYLITE HOLDING, INC., a Delaware corporation, SILVER STAR BRANDS, INC. (formerly known as Miles Kimball Company), a Wisconsin corporation, PARTYLITE GIFTS, INC., a Virginia corporation, BJI CORPORATION, a Delaware corporation, PARTYLITE WORLDWIDE, LLC, a Delaware limited liability company, CANDLE CORPORATION OF AMERICA (DELAWARE), a Delaware corporation and CANDLE CORPORATION OF AMERICA, a New York corporation (each individually, a “P
DOMAIN NAME COLLATERAL ASSIGNMENT AND SECURITY AGREEMENTAnd Security Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
Contract Type FiledMarch 13th, 2015 Company Industry JurisdictionThis DOMAIN NAME COLLATERAL ASSIGNMENT AND SECURITY AGREEMENT (this “Agreement”) dated as of March 9, 2015, is entered into by and among Blyth, Inc., a Delaware corporation (“Blyth”), Blyth Home Expressions, Inc., a Delaware corporation (“Blyth Home”), Blyth Direct Selling Holdings, Inc., a Delaware corporation (“Blyth Direct”), Blyth Catalog & Internet Holdings, Inc., a Delaware corporation (“Blyth CI”), Purple Tree, Inc., a Delaware corporation (“Purple Tree”), PartyLite Holding, Inc., a Delaware corporation (“PartyLite Holding”), Silver Star Brands, Inc., a Wisconsin corporation (“Silver Star”), PartyLite Gifts, Inc., a Virginia corporation (“PartyLite Gifts”), BJI Corporation, a Delaware corporation (“BJI”), PartyLite Worldwide, LLC, a Delaware limited liability company (“PartyLite WW”), Candle Corporation of America (Delaware), a Delaware corporation (“Candle Corp (DE)”), Candle Corporation of America, a New York corporation (“Candle Corp”), and KWA, Inc., a Minnesota corporation,
LIMITED CONSENT REGARDING LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 15th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
Contract Type FiledSeptember 15th, 2015 Company Industry JurisdictionThis LIMITED CONSENT REGARDING LOAN AND SECURITY AGREEMENT, dated as of August 30, 2015 (this “Consent”), is by and among BLYTH, INC., a Delaware corporation (the “Company” or “Borrower 1”), BLYTH HOME EXPRESSIONS, INC., a Delaware corporation (“Borrower 2”), BLYTH DIRECT SELLING HOLDINGS, INC., a Delaware corporation (“Borrower 3”), BLYTH CATALOG AND INTERNET HOLDINGS, INC., a Delaware corporation (“Borrower 4”), KWA, INC., a Minnesota corporation (“Borrower 5”), PURPLE TREE, INC., a Delaware corporation (“Borrower 6”), PARTYLITE HOLDING, INC., a Delaware corporation (“Borrower 7”), SILVER STAR BRANDS, INC. (formerly known as Miles Kimball Company), a Wisconsin corporation (“Borrower 8”), PARTYLITE GIFTS, INC., a Virginia corporation (“Borrower 9”), BJI CORPORATION, a Delaware corporation (“Borrower 10”), PARTYLITE WORLDWIDE, LLC, a Delaware limited liability company (“Borrower 11”), CANDLE CORPORATION OF AMERICA (DELAWARE), a Delaware corporation (“Borrower 12”) and CANDLE CORPORATIO
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
Contract Type FiledMarch 13th, 2015 Company Industry JurisdictionTHIS ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”), is made as of March 9, 2015 by PartyLite Worldwide, LLC, a Delaware limited liability company (“PartyLite WW”) and PartyLite Gifts, Inc., a Virginia corporation (“PartyLite Gifts” and together with PartyLite WW, the “Mortgagors”) and Blyth, Inc., a Delaware corporation (“Blyth”), Blyth Home Expressions, Inc., a Delaware corporation (“Blyth Home”), Blyth Direct Selling Holdings, Inc., a Delaware corporation (“Blyth Direct”), Blyth Catalog and Internet Holdings, Inc., a Delaware corporation (“Blyth CI”), Purple Tree, Inc., a Delaware corporation (“Purple Tree”), PartyLite Holding, Inc., a Delaware corporation (“PartyLite Holding”), Silver Star Brands, Inc., a Wisconsin corporation (“Silver Star”), BJI Corporation, a Delaware corporation (“BJI”), Candle Corporation of America (Delaware), a Delaware corporation (“Candle Corp (DE)”), Candle Corporation of America, a New York corporation (“Candle Corp”), KWA, Inc., a Minnesota corpor
TRADEMARK COLLATERAL ASSIGNMENT AND SECURITY AGREEMENTTrademark Collateral Assignment and Security Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
Contract Type FiledMarch 13th, 2015 Company Industry JurisdictionThis TRADEMARK COLLATERAL ASSIGNMENT AND SECURITY AGREEMENT (this “Agreement”) dated as of March 9, 2015 is made by and among Silver Star Brands, Inc., a Wisconsin corporation (“Silver Star”), PartyLite Gifts, Inc., a Virginia corporation (“PartyLite Gifts”), PartyLite Worldwide, LLC, a Delaware limited liability company (“PartyLite WW”), Candle Corporation of America, a New York corporation (“Candle Corp” and together with Silver Star, PartyLite Gifts and PartyLite WW, collectively, the “Assignors” and each an “Assignor”), and GFIE, LLC, a Florida limited liability company (the “Lender”).
AMENDMENT NO. 2Credit Agreement • April 28th, 2000 • Blyth Industries Inc • Miscellaneous manufacturing industries • New York
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SHARE SALE AND PURCHASE AGREEMENTShare Sale and Purchase Agreement • September 11th, 2006 • Blyth Inc • Miscellaneous manufacturing industries
Contract Type FiledSeptember 11th, 2006 Company Industry
ContractEmployment Agreement • December 12th, 2008 • Blyth Inc • Miscellaneous manufacturing industries • Connecticut
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Revolving Credit Facility Commitment LetterBlyth Inc • September 8th, 2014 • Miscellaneous manufacturing industries • New York
Company FiledSeptember 8th, 2014 Industry JurisdictionBlyth, Inc., a Delaware corporation (“Blyth” or “Lender”) hereby commits to provide to ViSalus, Inc., a Nevada corporation (“you”, “ViSalus” or “Borrower”) a revolving credit loan facility in the amount of $6 million (the “Revolving Credit Facility”) upon the terms and subject to the conditions set forth in this letter (this “Commitment Letter”) and in the attached Term Sheet attached hereto as Exhibit A and hereby made a part of this Commitment Letter (the “Term Sheet”). Capitalized terms used in the text of this Commitment Letter without definition have the meanings assigned in the Term Sheet.