SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT BY AND AMONG BIG LOTS, INC., BIG LOTS STORES, INC. AND JOE R. COOPEREmployment Agreement • May 3rd, 2013 • Big Lots Inc • Retail-variety stores • Ohio
This second amended and restated employment agreement (“Agreement”) by and among Big Lots, Inc. (“BLI”), Big Lots Stores, Inc. (“Big Lots”) and their affiliates, predecessor, successor, subsidiaries and other related companies (collectively the “Company”) and Joe R. Cooper (“Executive”), collectively, the “Parties,” is effective as of May 3, 2013 (“Effective Date”) and supersedes and replaces any other oral or written agreement or understanding concerning the terms of the Executive's employment with the Company but does not supersede or replace any agreement or arrangement between the Executive or any Group Member (as defined in Section 4.02[1]) relating to the payment of compensation or benefits earned (or deemed earned) on account of services performed for a Group Member before the Effective Date.
RETIREMENT AND CONSULTING AGREEMENT BY AND AMONG BIG LOTS, INC. BIG LOTS STORES, INC. AND STEVEN S. FISHMANRetirement and Consulting Agreement • May 3rd, 2013 • Big Lots Inc • Retail-variety stores • Ohio
This Retirement and Consulting Agreement (this “Agreement”), by and among Big Lots, Inc. (“BLI”), Big Lots Stores, Inc. (“Big Lots”) and their affiliates, predecessors, successors, subsidiaries and other related companies (collectively, the “Company”) and Steven S. Fishman (the “Executive”), collectively, the “Parties,” is effective as of May 3, 2013 (the “Effective Date”).
BIG LOTS 2012 LONG-TERM INCENTIVE PLAN PERFORMANCE SHARE UNITS AWARD AGREEMENTPerformance Share Units Award Agreement • May 3rd, 2013 • Big Lots Inc • Retail-variety stores
This Agreement describes the PSUs you have been granted and the conditions that must be met before the PSUs vest and you become entitled to receive the underlying Shares. If the PSUs vest and you comply with the terms of this Agreement and the Plan, you will receive the underlying Shares in accordance with this Agreement and the Plan. However, you will forfeit any rights to the PSUs and the underlying Shares (i.e., the Shares will not be transferred to you) to the extent the PSUs do not vest or you do not comply with the terms of this Agreement and the Plan. No portion of the PSUs that has not vested or been settled nor any underlying Shares that have not been transferred to you may be sold, transferred, assigned, pledged, encumbered or otherwise disposed of by you in any way (including a transfer by operation of law); and any attempt by you to make any such sale, transfer, assignment, pledge, encumbrance or other disposition shall be null and void and of no effect.
