ContractCorporation Investor Rights Agreement • May 4th, 2001 • Gymboree Corp • Apparel & other finishd prods of fabrics & similar matl • California
Exhibit 10.41 THE GYMBOREE CORPORATION INVESTOR RIGHTS AGREEMENT This Investor Rights Agreement (this “Agreement”) is made and entered into as of May __, 2000 by and between The Gymboree Corporation, a Delaware corporation (the “Company”), and _______ (“Investor”). RECITALS WHEREAS, the Company desires to sell to the Investor, and the Investor desires to purchase from the Company, _______ shares (the “Purchased Shares”) of Common Stock, par value $0.001 per share, of the Company (the “Common Stock”) on the terms and conditions set forth in that certain Common Stock Purchase Agreement, dated of even date herewith by and between the Company and the Investor (the “Purchase Agreement”) and unless otherwise provided herein, all capitalized terms shall have the meanings set forth in the Purchase Agreement. WHEREAS, the Purchase Agreement provides that the Investor shall be granted certain registration rights as more fully set forth herein. NOW, THEREFORE, in consideration of the foregoing re
ContractGymboree Corp • May 4th, 2001 • Apparel & other finishd prods of fabrics & similar matl
Exhibit 10.40 COMMON STOCK PURCHASE WARRANT THIS WARRANT AND THE SHARES OF COMMON STOCK WHICH MAY BE PURCHASED PURSUANT TO THE EXERCISE OF THIS WARRANT HAVE BEEN ACQUIRED SOLELY FOR INVESTMENT AND HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY STATE SECURITIES LAWS. SUCH SECURITIES MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF SUCH REGISTRATION OR AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY AND ITS COUNSEL THAT SUCH SALE, OFFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM THE REGISTRATION AND PROSPECTUS DELIVERY REQUIREMENTS OF THE ACT AND OF ANY APPLICABLE STATE SECURITIES LAWS UNLESS SOLD PURSUANT TO RULE 144 OF THE ACT. Void after May __, 2003 No. CS-__ The Gymboree Corporation WARRANT THIS CERTIFIES THAT, in consideration of the payment of $100.00 and for other good and valuable consideration, __________________ (the “Holder”) is entitled to subscribe for and purchase _____________ shares (as adjusted purs
ContractPurchase Common Stock • May 4th, 2001 • Gymboree Corp • Apparel & other finishd prods of fabrics & similar matl
Exhibit 10.42 AMENDMENT TO WARRANT TO PURCHASE COMMON STOCK This Amendment to Warrant to Purchase Common Stock (the “Amendment”) is made and entered into as of June 5, 2000, by and between The Gymboree Corporation, a Delaware corporation (the “Company”), and ____________ (the “Holder”), the holder of a Warrant to Purchase Common Stock (the “Warrant”). RECITALS
ContractCorporation Common Stock Purchase Agreement • May 4th, 2001 • Gymboree Corp • Apparel & other finishd prods of fabrics & similar matl • California
Exhibit 10.39 THE GYMBOREE CORPORATION COMMON STOCK PURCHASE AGREEMENT This Common Stock Purchase Agreement (this “Agreement”) is made and entered into as of May __, 2000, by and between The Gymboree Corporation, a Delaware corporation (the “Company”), and _____________(“Investor”). 1. AGREEMENT TO PURCHASE AND SELL STOCK.
ContractNew Lease Agreement • May 4th, 2001 • Gymboree Corp • Apparel & other finishd prods of fabrics & similar matl
NEW LEASE AGREEMENT THIS NEW LEASE AGREEMENT dated, for reference purposes only, November 15, 2000, is entered into by and between BURLINGAME SHORE INVESTMENTS, a California general partnership (“Landlord”) and THE GYMBOREE CORPORATION, a Delaware corporation (“Tenant”). RECITALS WHEREAS, on or about October 11, 1996, Landlord and Tenant entered into that certain “Office Lease” (the “Original Lease”) for certain Premises known and described as 770 Airport Boulevard, in the City of Burlingame, County of San Mateo, State of California (the “Premises”); and WHEREAS the Original Lease provided for a term expiring on November 30, 1999; and WHEREAS subsequently the Original Lease has been amended, and as amended, its term shall expire on November 30, 2000; and WHEREAS, Tenant has vacated the Premises, and the parties hereto agree that the Original Lease expires, and shall be of no further force or effect, on November 30, 2000; and WHEREAS, Tenant desires to lease the Premises under a new Lea
