EXHIBIT 99.4 VOTING AGREEMENTVoting Agreement • January 12th, 2005 • Wattles Mark J • Retail-radio, tv & consumer electronics stores • Delaware
EXHIBIT 99.6 OPTION AGREEMENTOption Agreement • January 12th, 2005 • Wattles Mark J • Retail-radio, tv & consumer electronics stores • Delaware
EXHIBIT 99.2 STOCK PURCHASE AGREEMENTStock Purchase Agreement • January 12th, 2005 • Wattles Mark J • Retail-radio, tv & consumer electronics stores • New York
JOINT FILING AGREEMENTJoint Filing Agreement • January 12th, 2005 • Wattles Mark J • Retail-radio, tv & consumer electronics stores
This agreement may be executed in one or more counterparts, each of which shall be deemed to be an original instrument, but all of such counterparts together shall constitute but one agreement.
SETTLEMENT AGREEMENTSettlement Agreement • May 9th, 2008 • Wattles Mark J • Retail-radio, tv & consumer electronics stores • New York
This settlement agreement (this “Agreement”) is made and entered into as of May 8, 2008, by and among Wattles Capital Management, LLC, a Delaware limited liability company, Mark J. Wattles, James A. Marcum, Elliott Wahle, Don R. Kornstein, Anthony Bergamo and Alexander M. Bond (the foregoing entity and individuals collectively, the “Wattles Group” and each individually, a “Member”) and Circuit City Stores, Inc., a Virginia corporation (the “Company”).
STOCK PURCHASE AGREEMENTStock Purchase Agreement • April 13th, 2006 • Wattles Mark J • Services-membership sports & recreation clubs • Delaware
This Stock Purchase Agreement (“Agreement”) is dated as of April 11, 2006, and is made by and between Bally Total Fitness Holding Corporation, a Delaware corporation (“Bally” or the “Company”), and Wattles Capital Management, LLC (the “Purchaser “).
Wattles Capital Management, LLCIndemnification Agreement • February 28th, 2008 • Wattles Mark J • Retail-radio, tv & consumer electronics stores
Thank you for agreeing to serve as a nominee for election to the Board of Directors of Circuit City Stores, Inc. (“Circuit City”) in connection with the proxy solicitation or consent solicitation that Wattles Capital Management, LLC (“Wattles”) and its affiliates are considering undertaking to elect directors (the “Wattles Solicitation”). Your outstanding qualifications, we believe, will prove a valuable asset to Circuit City and all of its stockholders. This letter will set forth the terms of our agreement.
JOINT FILING AGREEMENTJoint Filing Agreement • May 9th, 2008 • Wattles Mark J • Retail-radio, tv & consumer electronics stores
In accordance with Rule 13d-1(k)(1)(iii) under the Securities Exchange Act of 1934, as amended, the persons named below agree to the joint filing on behalf of each of them of Amendment No. 3 to the Schedule 13D originally filed on January 22, 2008 (including additional amendments thereto) with respect to the Common Stock of Circuit City Stores, Inc. This Joint Filing Agreement shall be filed as an Exhibit to such Statement.
JOINT FILING AGREEMENTJoint Filing Agreement • November 14th, 2005 • Wattles Mark J • Services-membership sports & recreation clubs
The undersigned acknowledge and agree that the foregoing statement on Schedule 13D is filed on behalf of each of the undersigned and that all subsequent amendments to such statement shall be filed on behalf of each of the undersigned without the necessity of filing additional joint filing agreements. This agreement may be included as an exhibit to such joint filing.
JOINT FILING AGREEMENTJoint Filing Agreement • January 22nd, 2008 • Wattles Mark J • Retail-radio, tv & consumer electronics stores
The undersigned acknowledge and agree that the foregoing statement on Schedule 13D is filed on behalf of each of the undersigned and that all subsequent amendments to such statement shall be filed on behalf of each of the undersigned without the necessity of filing additional joint filing agreements. This agreement may be included as an exhibit to such joint filing.
ASSET PURCHASE AGREEMENT AMONG ULTIMATE ELECTRONICS INC., ITS SUBSIDIARIES AND ULTIMATE ACQUISITION PARTNERS, L.P.Asset Purchase Agreement • April 21st, 2005 • Wattles Mark J • Retail-radio, tv & consumer electronics stores • New York
ASSET PURCHASE AGREEMENT, dated as of April 20, 2005 (this “Agreement”), between Ultimate Electronics, Inc., a Delaware corporation (“Company”), its subsidiaries set forth on the signature page hereto (each a “Company Subsidiary,” and together with Company, the “Sellers”) and Ultimate Acquisition Partners, L.P., a Delaware limited partnership (“Purchaser”). (Each of Sellers and Purchaser is a “Party” and collectively they are the “Parties” to this Agreement).
REGISTRATION RIGHTS AGREEMENT by and among BALLY TOTAL FITNESS HOLDING CORPORATION and THE HOLDERS NAMED HEREINRegistration Rights Agreement • April 13th, 2006 • Wattles Mark J • Services-membership sports & recreation clubs • New York
JOINT FILING AND SOLICITATION AGREEMENTJoint Filing and Solicitation Agreement • February 28th, 2008 • Wattles Mark J • Retail-radio, tv & consumer electronics stores
WHEREAS, certain of the undersigned are shareholders, direct or beneficial, of Circuit City Stores, Inc., a Virginia corporation (“Circuit City” or the “Company”);
JOINT FILING AGREEMENTJoint Filing Agreement • August 8th, 2005 • Wattles Mark J • Retail-radio, tv & consumer electronics stores
The undersigned acknowledge and agree that the foregoing statement on Schedule 13D is filed on behalf of each of the undersigned and that all subsequent amendments to such statement shall be filed on behalf of each of the undersigned without the necessity of filing additional joint filing agreements. This agreement may be included as an exhibit to such joint filing.
RELEASERelease Agreement • April 21st, 2005 • Wattles Mark J • Retail-radio, tv & consumer electronics stores • Texas
This RELEASE (this “Release”) is made by Ultimate Electronics, Inc., a Delaware corporation, Fast Trak Inc., a Minnesota corporation, Ultimate Intangibles Corp., a Colorado corporation, Ultimate Leasing Corp., a Colorado corporation, Ultimate Electronics Partners Corp., a Colorado corporation, Ultimate Electronics Leasing LP, a Texas limited partnership and Ultimate Electronic Texas LP, a Texas limited partnership and their related debtor estates (collectively, the “Sellers”), the Official Committee of Unsecured Creditors of Ultimate Electronics, Inc., et al. (the “Committee”), James Marcum, Bruce Giesbreacht, Mark Wattles (“Mr. Wattles”), Mark Wattles Enterprises, LLC (“Wattles Enterprises”), the DIP Lender Releasing Parties (as defined below),the DIP Lender Protected Parties, and Ultimate Acquisition Partners, LP, a Delaware limited partnership (the “Purchaser”) (collectively, the “Parties”).
EXHIBIT AOption Exchange, Contribution and Subscription Agreement • October 15th, 2004 • Wattles Mark J • Services-video tape rental • Delaware
Wattles Capital Management, LLCNominee Agreement • February 28th, 2008 • Wattles Mark J • Retail-radio, tv & consumer electronics stores
This letter sets forth our mutual agreement with respect to compensation to be paid to you for your agreement to be named and serve as a nominee of Wattles Capital Management, LLC (“Wattles Capital”) for election as a director of Circuit City Stores, Inc. (the “Company”) at the Company’s 2008 annual meeting of stockholders, or any other meeting of stockholders held in lieu thereof, and any adjournments, postponements, reschedulings or continuations thereof (the “Annual Meeting”).
