PURCHASE AGREEMENT TABLE OF CONTENTSPurchase Agreement • January 2nd, 1998 • Blyth Industries Inc • Miscellaneous manufacturing industries • New York
EXHIBIT 10.10Employment Agreement • December 14th, 2000 • Blyth Inc • Miscellaneous manufacturing industries • Connecticut
RECITALS:Note Purchase Agreement • April 28th, 2000 • Blyth Industries Inc • Miscellaneous manufacturing industries • New York
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
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...Lease • May 1st, 2002 • Blyth Inc • Miscellaneous manufacturing industries • Illinois
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
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
ARTICLE 1 TERMSSupplemental Indenture • September 28th, 1999 • Blyth Industries Inc • Miscellaneous manufacturing industries • New York
BLYTH INDUSTRIES, INC. SPECIMEN AMENDED AND RESTATEDSenior Note Agreement • December 15th, 1997 • Blyth Industries Inc • Miscellaneous manufacturing industries
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
AMENDMENT NO. 2Credit Agreement • April 28th, 2000 • Blyth Industries Inc • Miscellaneous manufacturing industries • New York
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 2017Indenture • August 2nd, 2013 • Blyth Inc • Miscellaneous manufacturing industries • New York
CAROL STREAM I CAROL STREAM, ILLINOIS LEASE AGREEMENT BetweenLease Agreement • April 29th, 1998 • Blyth Industries Inc • Miscellaneous manufacturing industries • Illinois
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, 2015Merger Agreement • August 31st, 2015 • Blyth Inc • Miscellaneous manufacturing industries • Delaware
This 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”).
GUARANTY AGREEMENTGuaranty Agreement • December 15th, 1997 • Blyth Industries Inc • Miscellaneous manufacturing industries • New York
as mortgagee (Mortgagee) MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILINGMortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries
This 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
THIS 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
SECOND 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”).
RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • August 6th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • Delaware
RESTRICTED STOCK UNIT AGREEMENT, dated as of March 10, 2015 (this “Agreement”), by and between Blyth, Inc., a Delaware corporation (the “Company”), and (the “Participant”).
NON-QUALIFIED STOCK OPTION AGREEMENT (Executive Form)Non-Qualified Stock Option Agreement • July 1st, 2013 • Blyth Inc • Miscellaneous manufacturing industries • Nevada
NON-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 AGREEMENTIntercreditor Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
This 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
RESTRICTED 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 AGREEMENTIntercreditor Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
This 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”).
INTERCREDITOR AGREEMENTIntercreditor Agreement • October 20th, 2014 • Blyth Inc • Miscellaneous manufacturing industries • New York
INTERCREDITOR AGREEMENT (this “Agreement”), dated as of October 17, 2014, by and among ViSalus, Inc., a Nevada corporation (the “Borrower”), Blyth, Inc., a Delaware corporation (“Blyth”), and Ryan Blair, Nick Sarnicola, Blake Mallen and Robert Goergen (such four individuals are collectively referred to below as the “Founder Lenders” and individually as a “Founder Lender”; the term “Lenders” as used herein shall mean, collectively, Blyth and the Founder Lenders and the term “Lender” shall refer to one of the Lenders individually).
STOCK PLEDGE AGREEMENTIntercreditor Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • Florida
THIS 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 AGREEMENTIntercreditor Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
This 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 AGREEMENTLimited Consent Regarding Loan and Security Agreement • September 15th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
This 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 AGREEMENTIntercreditor Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
THIS 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
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...Standard Form Industrial Lease (Net) • May 1st, 2002 • Blyth Inc • Miscellaneous manufacturing industries • Illinois
TRADEMARK COLLATERAL ASSIGNMENT AND SECURITY AGREEMENTIntercreditor Agreement • March 13th, 2015 • Blyth Inc • Miscellaneous manufacturing industries • New York
This 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”).
SHARE SALE AND PURCHASE AGREEMENTShare Sale and Purchase Agreement • September 11th, 2006 • Blyth Inc • Miscellaneous manufacturing industries
ContractEmployment Agreement • December 12th, 2008 • Blyth Inc • Miscellaneous manufacturing industries • Connecticut
Revolving Credit Facility Commitment LetterRevolving Credit Facility Commitment Letter • September 8th, 2014 • Blyth Inc • Miscellaneous manufacturing industries • New York
Blyth, 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.
ContractEmployment Agreement • December 18th, 2007 • Blyth Inc • Miscellaneous manufacturing industries
AMENDMENT NO. 5, dated as of December 13, 2007, to the Employment Agreement dated as of August 1, 2000, as amended (the “Employment Agreement”) between Blyth, Inc., a Delaware corporation (the “Company”), and Robert B. Goergen (the “Executive”). Capitalized terms used herein that are not defined herein shall have the meanings ascribed thereto in the Employment Agreement.
AMENDMENT TO RETENTION AND SEVERANCE AGREEMENTRetention and Severance Agreement • November 18th, 2013 • Blyth Inc • Pharmaceutical preparations
Amendment No. 1, dated as of November 14, 2013, to the Retention and Severance Agreement dated as of December 17, 2010 (the “Retention Agreement”), by and between Blyth, Inc., a Delaware corporation (together with its successors and assigns permitted under this Agreement, the “Company”), and Robert B. Goergen, Jr. (the “Executive”). Capitalized terms used herein that are not defined herein shall have the meanings ascribed thereto in the Retention Agreement.
