EXHIBIT 10.1 LOAN AND SECURITY AGREEMENT BY AND AMONG THE BOMBAY COMPANY, INC.Loan and Security Agreement • October 29th, 2004 • Bombay Company Inc • Retail-furniture stores • New York
THE BOMBAY COMPANY, INC. and THE FIRST NATIONAL BANK OF BOSTON, as Rights Agent _________________________________________________Rights Agreement • April 29th, 2005 • Bombay Company Inc • Retail-furniture stores • Delaware
RECITALS:Indemnification Agreement • April 12th, 2004 • Bombay Company Inc • Retail-furniture stores • Delaware
ASSET PURCHASE AGREEMENT By and Among THE BOMBAY COMPANY, INC., BAILEY STREET TRADING COMPANYAsset Purchase Agreement • June 3rd, 2005 • Bombay Company Inc • Retail-furniture stores • Texas
RECITALS:Indemnification Agreement • April 18th, 2003 • Bombay Company Inc • Retail-furniture stores • Delaware
EXHIBIT 10 (s) FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment"), is entered into as of November 24, 2004 by and among, on the one hand, the lenders identified on the signature pages...Loan and Security Agreement • April 29th, 2005 • Bombay Company Inc • Retail-furniture stores • New York
RECITALS:Restricted Stock Agreement • April 18th, 2003 • Bombay Company Inc • Retail-furniture stores • Delaware
AMENDMENT NO. 2 TORights Agreement • May 27th, 2005 • Bombay Company Inc • Retail-furniture stores • Delaware
EXHIBIT 4(b) AMENDMENT TO RIGHTS AGREEMENT 1. GENERAL BACKGROUND. In accordance with Section 27 of the Rights Agreement between FLEET BANK, N.A. F/K/A BANKBOSTON, N.A. (the "Rights Agent") and THE BOMBAY COMPANY, INC. ("COMPANY") dated June 1, 1995...Rights Agreement • April 18th, 2003 • Bombay Company Inc • Retail-furniture stores
RECITALSEmployment Agreement • September 12th, 2003 • Bombay Company Inc • Retail-furniture stores • Texas
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • July 14th, 2003 • Bombay Company Inc • Retail-furniture stores • Texas
Bombay Canada irrevocably authorizes the Canadian Lender to make or cause to be made, at or about the time of each Advance or at the time of receipt of any payment of principal of this Note, an appropriate notation on the grid attached to this Note,...Note • October 29th, 2004 • Bombay Company Inc • Retail-furniture stores
EMPLOYEE AWARD AGREEMENT RESTRICTED STOCK PURSUANT TO THE BOMBAY COMPANY, INC. 1996 LONG-TERM INCENTIVE STOCK PLANEmployee Award Agreement • June 10th, 2005 • Bombay Company Inc • Retail-furniture stores
EMPLOYEE AWARD AGREEMENT NON-QUALIFIED AND INCENTIVE STOCK OPTIONS PURSUANT TO THE BOMBAY COMPANY, INC. 1996 LONG-TERM INCENTIVE STOCK PLANEmployee Award Agreement • June 10th, 2005 • Bombay Company Inc • Retail-furniture stores
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • June 11th, 2007 • Bombay Co Inc • Retail-furniture stores • New York
INTELLECTUAL PROPERTY SECURITY AGREEMENT AND COLLATERAL ASSIGNMENT, dated as of June 4, 2007 (this “Agreement”), made by and among THE BOMBAY COMPANY, INC., a Delaware corporation, BBA HOLDINGS, LLC, a Delaware limited liability company, and BOMBAY INTERNATIONAL, INC., a Delaware corporation (individually, a “Grantor” and collectively, the “Grantors”), in favor of GB MERCHANT PARTNERS, LLC, a Delaware limited liability company, as administrative Agent and collateral Agent (in such capacity, together with its successors and permitted assigns, “Administrative Agent”).
THE BOMBAY FURNITURE COMPANY OF CANADA INC. as Grantor and GE CANADA FINANCE HOLDING COMPANY as Canadian Agent AMENDED AND RESTATED CANADIAN SECURITY AGREEMENT MAY 25, 2007Canadian Security Agreement • June 11th, 2007 • Bombay Co Inc • Retail-furniture stores • Ontario
Amended and restated security agreement dated as of May 25, 2007 made by The Bombay Furniture Company of Canada Inc., a corporation continued and existing under the laws of the Province of Ontario (together with its successors and permitted assigns, the “Grantor”) to and in favour of GE Canada Finance Holding Company, individually and as agent (together with its successors and assigns, the “Canadian Agent”) for itself and the Canadian Lenders under the Credit Agreement.
EXHIBIT 10(j) DIRECTOR STOCK OPTION AGREEMENT pursuant to THE BOMBAY COMPANY, INC. 2001 NON-EMPLOYEE DIRECTOR EQUITY PLANDirector Stock Option Agreement • April 19th, 2002 • Bombay Company Inc • Retail-furniture stores
DIRECTOR STOCK OPTION AGREEMENT Pursuant to THE BOMBAY COMPANY, INC.Director Stock Option Agreement • April 20th, 2006 • Bombay Company Inc • Retail-furniture stores
This Option Agreement (the “Agreement”) is made this ______ day of ___________, 2005, between THE BOMBAY COMPANY, INC., a Delaware corporation (the “Company”) and ___________________, a director of the Company (the “Director”).
GUARANTY AND SECURITY AGREEMENT Dated as of June 4, 2007 among THE BOMBAY COMPANY, INC. BBA HOLDINGS, LLC BOMBAY INTERNATIONAL, INC. THE BOMBAY FURNITURE COMPANY, INC. and Each Other Grantor From Time to Time Party Hereto and GB MERCHANT PARTNERS,...Guaranty and Security Agreement • June 11th, 2007 • Bombay Co Inc • Retail-furniture stores • New York
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIEN AND SECURITY INTEREST GRANTED TO THE ADMINISTRATIVE AGENT PURSUANT TO THIS AGREEMENT AND THE EXERCISE OF ANY RIGHT OR REMEDY BY THE ADMINISTRATIVE AGENT HEREUNDER ARE SUBJECT TO THE PROVISIONS OF THE INTERCREDITOR AGREEMENT, DATED AS OF EVEN DATE HEREWITH (AS AMENDED, RESTATED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME, THE “INTERCREDITOR AGREEMENT”), BETWEEN GENERAL ELECTRIC CAPITAL CORPORATION, AS FIRST LIEN AGENT, AND THE ADMINISTRATIVE AGENT, AS SECOND LIEN AGENT AND CERTAIN OTHER PERSONS PARTY OR THAT MAY BECOME PARTY THERETO FROM TIME TO TIME. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE INTERCREDITOR AGREEMENT AND THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE RIGHTS OF THE ADMINISTRATIVE AGENT UNDER THIS AGREEMENT WITH THOSE OF THE FIRST LIEN AGENT UNDER THE INTERCREDITOR AGREEMENT, THE TERMS OF THE INTERCREDITOR AGREEMENT SHALL GOVERN AND CONTROL. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
EXHIBIT 10(a) EMPLOYEE OPTION AWARD AGREEMENT NON-QUALIFIED AND INCENTIVE STOCK OPTIONS PURSUANT TO THE BOMBAY COMPANY, INC. 1996 LONG-TERM INCENTIVE STOCK PLAN This Option Award Agreement ("the Agreement") is made this ___ day of ________, 2005...Employee Option Award Agreement • June 9th, 2005 • Bombay Company Inc • Retail-furniture stores
EMPLOYEE AWARD AGREEMENT NON QUALIFIED OPTIONS PURSUANT TO THE BOMBAY COMPANY, INC. 1996 LONG-TERM INCENTIVE STOCK PLANEmployee Award Agreement Non Qualified • April 29th, 1999 • Bombay Company Inc • Retail-furniture stores
PLEDGE AGREEMENTPledge Agreement • June 11th, 2007 • Bombay Co Inc • Retail-furniture stores • New York
THIS PLEDGE AGREEMENT (this “Agreement”), dated as of June 4, 2007, is by and between The Bombay Company, Inc., a Delaware corporation (the “Pledgor”) and GB Merchant Partners, LLC, in its capacity as Administrative Agent (as hereinafter defined) (in such capacity, the “Pledgee”), as agent for the benefit of the “Lenders” (as such term is hereinafter defined).
EMPLOYEE AWARD AGREEMENT Non Qualified Options Pursuant to THE BOMBAY COMPANY, INC. (RETENTION AWARD)Employee Award Agreement • March 6th, 2006 • Bombay Company Inc • Retail-furniture stores
This Award Agreement (“the Agreement”) is made this 3rd day of March, 2006 between THE BOMBAY COMPANY, INC., a Delaware corporation (the “Company”) and __________________, an employee of the Company or one of its subsidiaries (the “Employee”).
THE BOMBAY COMPANY, INC. NON-QUALIFIED OPTION AGREEMENTNon-Qualified Option Agreement • June 7th, 2006 • Bombay Company Inc • Retail-furniture stores
This Non-Qualified Option Agreement (the “Agreement”) is made effective as of the 5th day of June, 2006, between THE BOMBAY COMPANY, INC., a Delaware corporation (the “Company”), and DAVID B. STEWART, an employee of the Company or one of its subsidiaries (“Employee”).
CREDIT AGREEMENT Dated as of October 24, 2006 among THE BOMBAY COMPANY, INC. EACH OF ITS SUBSIDIARIES THAT ARE SIGNATORIES HERETO, as Borrowers THE LENDERS AND L/C ISSUERS PARTY HERETO, GENERAL ELECTRIC CAPITAL CORPORATION, as Administrative Agent and...Credit Agreement • October 27th, 2006 • Bombay Company Inc • Retail-furniture stores • New York
This CREDIT AGREEMENT, dated as of October 24, 2006, is entered into among THE BOMBAY COMPANY, INC., a Delaware corporation (the “Parent”), each of Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with Parent, are referred to hereinafter each individually, as a “Borrower”, and collectively, as the “Borrowers”), the Lenders (as defined below), the L/C Issuers (as defined below), GENERAL ELECTRIC CAPITAL CORPORATION (“GE Capital”), as administrative agent and collateral agent for the Lenders and the L/C Issuers (in such capacity, and together with its successors and permitted assigns, the “Administrative Agent”) and GE CANADA FINANCE HOLDING COMPANY (“GE Canada”), as Canadian agent (in such capacity, the “Canadian Agent”).
NOTEBombay Company Inc • September 6th, 2006 • Retail-furniture stores
FOR VALUE RECEIVED, the undersigned, The Bombay Company, Inc., a Delaware corporation (“Parent”), each of Parent’s Subsidiaries identified on the signature pages hereof (each Subsidiary, together with Parent, individually a “Borrower” and collectively the “Borrowers”), hereby promises to pay to the order of WELLS FARGO RETAIL FINANCE, LLC (“Lender”) at the Agent’s (as defined below) office at One Boston Place, 18th Floor, Boston, Massachusetts, 02108;
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 6th, 2006 • Bombay Company Inc • Retail-furniture stores • New York
This SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Second Amendment”), is entered into as of August 31, 2006 by and among, on the one hand, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as, a “Lender” and collectively as, the “Lenders”), WELLS FARGO RETAIL FINANCE, LLC, a Delaware limited liability company, as the arranger and administrative agent for the Lenders (the “Agent”), and, on the other hand, THE BOMBAY COMPANY, INC., a Delaware corporation (the “Parent”), and each of the Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with the Parent, are referred to hereinafter each individually as, a “Borrower”, and individually and collectively, jointly and severally, as, the “Borrowers”).
The Borrowers irrevocably authorize the Lender to make or cause to be made, at or about the time of each Advance or at the time of receipt of any payment of principal of this Note, an appropriate notation on the grid attached to this Note, or the...Bombay Company Inc • October 29th, 2004 • Retail-furniture stores
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • June 11th, 2007 • Bombay Co Inc • Retail-furniture stores • New York
AMENDMENT NO. 1, dated as of May 25, 2007 (this “Amendment”), to the Credit Agreement, dated as of October 24, 2006 (the “Credit Agreement”), by and among The Bombay Company, Inc., BBA Holdings, LLC, Bombay International, Inc., The Bombay Furniture Company of Canada Inc., as borrowers (the “Borrowers”), the lenders signatory thereto from time to time (the “Lenders”), General Electric Capital Corporation, for itself, as Lender, and as administrative agent and collateral agent for the Lenders (in such capacity, the “Agent”) and GE Canada Finance Holding Company as Canadian agent (in such capacity, the “Canadian Agent”).
EMPLOYMENT AGREEMENTEmployment Agreement • June 7th, 2006 • Bombay Company Inc • Retail-furniture stores • Texas
This Employment Agreement (this “Agreement”) is entered into as of this 5th day of June 2006, by and between The Bombay Company, Inc., a Delaware corporation (the “Company”), and David B. Stewart (the “Executive”).
second lien DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILING Dated as of May 25, 2007 By THE BOMBAY COMPANY, INC., as Grantor To JACK RATTIKIN, JR., as Trustee For the Benefit of GB MERCHANT PARTNERS, LLC, as...Fixture Filing • June 11th, 2007 • Bombay Co Inc • Retail-furniture stores
THIS SECOND LIEN DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENT AND FIXTURE FILING (this “Deed of Trust”), dated as of May 25, 2007, is executed and delivered by THE BOMBAY COMPANY, INC., a Delaware corporation, with an address at 550 Bailey Avenue, Fort Worth, Texas 76107 (“Grantor”), to JACK RATTIKIN, JR., an individual and resident of the State of Texas, having an address at 201 Main Street, Suite 800, Fort Worth, Texas 76102, his successors or substitutes (“Trustee”), for the benefit of GB MERCHANT PARTNERS, LLC, having an address of 101 Huntington Avenue, Boston Massachusetts 02109 (together with its successors and assigns, “Beneficiary”).
AMENDMENT NO. 1 TO GUARANTY AND SECURITY AGREEMENTGuaranty and Security Agreement • June 11th, 2007 • Bombay Co Inc • Retail-furniture stores • New York
Amendment No. 1, dated as of June 5, 2007 to the Guaranty and security Agreement, dated as of October 24, 2006 (the “Guaranty and Security Agreement”), by The Bombay Company, Inc., BBA Holdings, LLC., Bombay International, Inc. and The Bombay Furniture Company, Inc. (collectively, the “Grantors”) in favor of General Electric Capital Corporation, as administrative agent and collateral agent for the Secured Parties (in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Guaranty and Security Agreement.
TERM LOAN AGREEMENT Dated as of May 25, 2007 among THE BOMBAY COMPANY, INC. EACH OF ITS SUBSIDIARIES THAT ARE SIGNATORIES HERETO, as Borrowers THE LENDERS PARTY HERETO, and GB MERCHANT PARTNERS, LLC as Administrative Agent GE CAPITAL MARKETS, INC. as...Term Loan Agreement • June 11th, 2007 • Bombay Co Inc • Retail-furniture stores • New York
This Term Loan Agreement, dated as of May 25, 2007, is entered into among THE BOMBAY COMPANY, INC., a Delaware corporation (the “Parent”), each of Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with Parent, are referred to hereinafter each individually, as a “Borrower”, and collectively, as the “Borrowers”), the Lenders (as defined below), and GB MERCHANT PARTNERS, LLC (“GBMP”), as administrative agent and collateral agent for the Lenders (in such capacity, and together with its successors and permitted assigns, the “Administrative Agent”).
SECOND AMENDED AND RESTATED NOTEBombay Company Inc • September 6th, 2006 • Retail-furniture stores
FOR VALUE RECEIVED, the undersigned, The Bombay Company, Inc., a Delaware corporation (“Parent”), each of Parent’s Subsidiaries identified on the signature pages hereof (each Subsidiary, together with Parent, individually a “Borrower” and collectively the “Borrowers”), hereby promises to pay to the order of WELLS FARGO RETAIL FINANCE, LLC (“Lender”) at the Agent’s (as defined below) office at One Boston Place, 18th Floor, Boston, Massachusetts, 02108;
EMPLOYEE OPTION AWARD AGREEMENT Non-Qualified and Incentive Stock Options Pursuant to THE BOMBAY COMPANY, INC.Employee Option Award Agreement • May 4th, 2007 • Bombay Company Inc • Retail-furniture stores • Delaware
This Employee Option Award Agreement (the “Agreement”) is made this ___ day of _____________, _____ between THE BOMBAY COMPANY, INC., a Delaware corporation (the “Company”), and ____________________, an employee of the Company or one of its Affiliates ( “Employee”).
