June 24, 2009 Gregory J. Henchel Tween Brands, Inc. 8323 Walton Parkway New Albany, Ohio 43054 Dear Greg: As you know, Tween Brands, Inc. (the “Company”) is contemplating entering into an Agreement and Plan of Merger (the “Merger Agreement”) with...Tween Brands, Inc. • June 25th, 2009 • Women's, misses', and juniors outerwear • Ohio
The Company recognizes that if it enters into the Merger Agreement, you will be asked to perform additional responsibilities during the executory period as the Company works to consummate the Merger. In recognition of these additional responsibilities, and as a special incentive for you to remain continuously employed with the Company through the closing of the Merger, the Company will pay you a special retention bonus (the “Retention Bonus”) equal to One Hundred Fifty Thousand dollars ($150,000.00) if you remain continuously employed by the Company through the closing date of the Merger. The Company will also pay you your full Retention Bonus if the Merger closes but, prior to the closing date of the Merger, the Company terminates your employment without “Cause” (as defined in your Executive Agreement with the Company dated as of September 26, 2008 (the “Executive Agreement”)). However, if your employment with the Company terminates prior to the closing date of the Merger for any reas
The Dress Barn, Inc. 30 Dunnigan Drive Suffern, NY 10901 June 24, 2009Tween Brands, Inc. • June 25th, 2009 • Women's, misses', and juniors outerwear
Reference is also made to the Employment Agreement effective as of December 3, 2008, between the Company and you (the “Employment Agreement”) and the Executive Agreement effective as of December 3, 2008, between the Company and you (the “Executive Agreement” and, together with the Employment Agreement, the “Rayden Agreements”).
AMENDMENT NO. 2 TO RIGHTS AGREEMENTRights Agreement • June 25th, 2009 • Tween Brands, Inc. • Women's, misses', and juniors outerwear • Delaware
THIS AMENDMENT NO. 2 TO RIGHTS AGREEMENT (this “Amendment”), dated as of June 24, 2009, is between Tween Brands, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company, LLC, a New York corporation (the “Rights Agent”).
