SECOND AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • October 21st, 2024 • Kirkland's, Inc • Retail-retail stores, nec • New York
WHEREAS, the Borrowers have requested that the Lenders make available to the Borrowers a revolving credit facility (including a letter of credit sub-facility) in an initial maximum amount not to exceed $90,000,000, the proceeds of which, in each case, shall be used by the Borrowers for purposes permitted under, and otherwise in accordance with and subject to the terms of, this Agreement;
TRADEMARK LICENSE AGREEMENTTrademark License Agreement • October 21st, 2024 • Kirkland's, Inc • Retail-retail stores, nec • Delaware
This Trademark License Agreement (this “Agreement”) is entered into as of October 21, 2024 (the “Effective Date”) by and between Beyond, Inc., a Delaware corporation (“Licensor”), and Kirkland’s Inc., a Tennessee corporation (“Licensee”) (each a “Party”, and together, the “Parties”).
TERM LOAN CREDIT AGREEMENT Dated as of October 21, 2024 among KIRKLAND’S STORES, INC., as the Lead Borrower For The Borrowers Named Herein The Guarantors Named Herein BEYOND, INC. as Administrative Agent and Collateral Agent and The Lenders Party HeretoTerm Loan Credit Agreement • October 21st, 2024 • Kirkland's, Inc • Retail-retail stores, nec • New York
This TERM LOAN CREDIT AGREEMENT is entered into as of October 21, 2024, among KIRKLAND’S STORES, INC., a Tennessee corporation (the “Lead Borrower”); the Persons named on Schedule 1.01 hereto (collectively with the Lead Borrower, the “Borrowers”); the Guarantors (as defined herein); each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”); and BEYOND, INC., a Delaware corporation, as Administrative Agent and Collateral Agent (each as defined herein).
SUBSCRIPTION AGREEMENT BY AND BETWEEN KIRKLAND’S, INC. AND BEYOND, INC. Dated as of October 21, 2024Subscription Agreement • October 21st, 2024 • Kirkland's, Inc • Retail-retail stores, nec • Delaware
This SUBSCRIPTION AGREEMENT dated as of October 21, 2024 (this “Agreement”) is by and between Kirkland’s, Inc., a Tennessee corporation (the “Company”), and Beyond, Inc., a Delaware corporation (the “Purchaser”). Capitalized terms used but not defined herein have the meanings assigned to them in Exhibit A.
INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • October 21st, 2024 • Kirkland's, Inc • Retail-retail stores, nec • Delaware
This Investor Rights Agreement (this “Agreement”) is made by and between Kirkland’s, Inc., a Tennessee corporation (the “Company”) and Beyond, Inc., a Delaware corporation (the “Investor”) on behalf of themselves and their respective Affiliates (as defined below) (the Company and the Investor together, collectively, the “Parties”).
COLLABORATION AGREEMENTCollaboration Agreement • October 21st, 2024 • Kirkland's, Inc • Retail-retail stores, nec
This Collaboration Agreement (this “Agreement”), dated as of October 21, 2024 (the “Effective Date”), is entered into by and between Kirkland’s, Inc., a Tennessee corporation (“Kirkland’s”), and Beyond, Inc., a Delaware corporation (“Beyond”) (each a “Party”, and together, the “Parties”).
