PEAK RESORTS, INC. Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • November 10th, 2014 • Peak Resorts Inc • Hotels & motels • New York
The undersigned, Peak Resorts, Inc., a company formed under the laws of Missouri (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) as being subsidiaries or affiliates of the Company, the “Company”), hereby confirms its agreement with FBR Capital Markets & Co. (“FBR”) and Stifel, Nicolaus & Company, Incorporated (“Stifel” and, together with FBR, “you” or the “Representatives”) and with the other underwriters named on Schedule 1 hereto for which the Representatives are acting as representatives (the Representatives and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • November 10th, 2014 • Peak Resorts Inc • Hotels & motels • Missouri
This EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into June 1, 2014 by and between PEAK RESORTS, INC., a Missouri corporation (the “Company”) and STEPHEN J. MUELLER (“Executive”).
RESTRUCTURE AGREEMENTOption Agreement • November 10th, 2014 • Peak Resorts Inc • Hotels & motels • Missouri
THIS OPTION AGREEMENT (the “Agreement”) is made and entered into as of the Effective Date by and among BRANDYWINE SKI RESORT, INC., an Ohio corporation, BOSTON MILLS SKI RESORT, INC., an Ohio corporation, JFBB SKI AREAS, INC., a Missouri corporation and SYCAMORE LAKE, INC., an Ohio corporation (collectively and sometimes each individually herein referred to as “Seller”), and EPT SKI PROPERTIES, INC., a Delaware corporation (“Purchaser”). Seller and Purchaser are sometimes collectively referred to herein as the “Parties” and each of the Parties is sometimes singularly referred to herein as a “Party.”
