ASSET PURCHASE AGREEMENT BY AND AMONG MATTRESS FIRM, INC., MATTRESS XPRESS, INC., MATTRESS XPRESS OF GEORGIA, INC., STEVEN MILESIC AND STEVE LYTELL September 4, 2012Asset Purchase Agreement • September 6th, 2012 • Mattress Firm Holding Corp. • Retail-furniture stores • Texas
Contract Type FiledSeptember 6th, 2012 Company Industry JurisdictionTHIS ASSET PURCHASE AGREEMENT (this “Agreement”) is entered into this 4th day of September, 2012, by and among MATTRESS FIRM, INC., a Delaware corporation (the “Buyer”), MATTRESS XPRESS, INC., a Florida corporation (“Xpress Florida”), MATTRESS XPRESS OF GEORGIA, INC., a Georgia corporation (“Xpress Georgia” and together with Xpress Florida, the “Sellers”), Steven Milesic (solely for the purposes of ARTICLE VI and Section 9.9) and Steve Lytell (solely for the purposes of ARTICLE VI and Section 9.9, and together with Steven Milesic, the “Shareholders”). The Sellers, the Buyer and the Shareholders may be referred to herein individually as a “Party” and collectively as the “Parties.”