Underwriting AgreementUnderwriting Agreement • September 13th, 2006 • Bare Escentuals Inc • Perfumes, cosmetics & other toilet preparations • New York
Bare Escentuals, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of shares (the “Firm Shares”) and, at the election of the Underwriters, up to additional shares (the “Optional Shares”) of common stock, par value $0.001 per share (“Stock”) of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof being collectively called the “Shares”).
BARE ESCENTUALS BEAUTY, INC. FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 13th, 2006 • Bare Escentuals Inc • Perfumes, cosmetics & other toilet preparations • New York
This FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is dated as of September 11, 2006 and entered into by and among BARE ESCENTUALS, INC., a Delaware corporation, formerly known as STB Beauty, Inc. (“Holdings”), BARE ESCENTUALS BEAUTY, INC., a Delaware corporation, formerly known as MD Beauty, Inc. (the “Company”), THE FINANCIAL INSTITUTIONS LISTED ON THE SIGNATURE PAGES HEREOF, and BNP PARIBAS (“BNP Paribas”), as administrative agent for Lenders (in such capacity, “Administrative Agent”), and solely for purposes of Section 3 hereof, the Credit Support Parties (as defined in Section 3 hereof). Reference is made to that certain Credit Agreement dated as of February 18, 2005, as amended by the First Amendment to Credit Agreement dated as of July 21, 2005, the Second Amendment to Credit Agreement dated as of October 7, 2005, the Third Amendment to Credit Agreement dated as of March 17, 2006, and the Fourth Amendment to Credit Agreement dated as of June 7, 2006, in each case by and
THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENTAmended and Restated Agreement • September 13th, 2006 • Bare Escentuals Inc • Perfumes, cosmetics & other toilet preparations
THIS THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT (the “Amendment”) is made this 5th day of September, 2006 by and between QVC, Inc., a Delaware corporation (“QVC”), with its principal place of business at 1200 Wilson Drive, West Chester, PA 19380, and Bare Escentuals Beauty, Inc. (the “Company”), with its principal place of business at 71 Stevenson, 22nd Floor, San Francisco, CA 94105.
