AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 4th, 2014 • BG Staffing, Inc. • Services-help supply services • London
This AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT dated as of January 29, 2014 (this “Agreement”), is executed by and among BG STAFFING, INC., a Delaware corporation, f/k/a LTN Staffing, LLC, a Delaware limited liability company (“BG Staffing, Inc.”), BG STAFFING, LLC, a Delaware limited liability company (“BG Staffing, LLC”), BG PERSONNEL SERVICES, LP, a Texas limited partnership (“BG Personnel Services”), BG PERSONNEL, LP, a Texas limited partnership (“BG Personnel”), and B G STAFF SERVICES INC., a Texas corporation (“B G Staff Services”, and together with BG Staffing, Inc., BG Staffing, LLC, BG Personnel Services and BG Personnel, collectively, “Borrowers” and each a “Borrower”), and FIFTH THIRD BANK, an Ohio banking corporation, successor by merger with Fifth Third Bank, a Michigan banking corporation (“Lender”).
SECOND AMENDMENT TO AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 4th, 2014 • BG Staffing, Inc. • Services-help supply services • Delaware
This SECOND AMENDMENT TO AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENT (this “Second Amendment”) is made and entered into as of January 29, 2014, by and among (i) BG STAFFING, INC., a Delaware corporation (“BG Staffing, Inc.” or “LTN Staffing”), BG STAFFING, LLC, a Delaware limited liability company (“BG Staffing”), BG PERSONNEL SERVICES, LP, a Texas limited partnership (“BG Personnel Services”), BG PERSONNEL, LP, a Texas limited partnership (“BG Personnel”), and B G STAFF SERVICES INC., a Texas corporation (“B G Staff Services,” and together with BG Staffing, Inc., BG Staffing, BG Personnel Services and BG Personnel, collectively, the “Companies” and each a “Company”), parties of the first part, and (ii) LEGG MASON SBIC MEZZANINE FUND, L.P., Delaware limited partnership (“Calvert”), BROOKSIDE PECKS CAPITAL PARTNERS, L.P., a Delaware limited partnership (“Brookside;” and, together with Calvert, collectively, the “2007 Lenders”) and BROOKSIDE MEZZANINE FUND II, L.P., a Delaware lim
INDEMNIFICATION AGREEMENTIndemnification Agreement • February 4th, 2014 • BG Staffing, Inc. • Services-help supply services • Delaware
This Indemnification Agreement (this “Agreement”), dated as of _______, 2014, is made by and between BG Staffing, Inc., a Delaware corporation (the “Company”), and ______ (the “Indemnitee”), an Agent (as hereinafter defined) of the Company.
