EMPLOYMENT AGREEMENTEmployment Agreement • October 19th, 2010 • Fresh Market, Inc. • Retail-grocery stores • North Carolina
EMPLOYMENT AGREEMENT (this “Agreement”), dated as of , 2010, between The Fresh Market, Inc., a North Carolina corporation (the “Company”), and [ ] (the “Participant”).
FORM OF RESTRICTED STOCK AWARD AGREEMENTRestricted Stock Award Agreement • October 19th, 2010 • Fresh Market, Inc. • Retail-grocery stores • Delaware
This Restricted Stock Award Agreement (the “Award Agreement”) sets forth the terms and conditions of an award of [—] shares (the “Award”) of the Company’s common stock, $0.01 par value per share (each, a “Share”), that are being granted to you on the date hereof (such date, the “Grant Date”), that are subject to the terms and conditions specified herein (“Restricted Shares”), and that are granted to you under The Fresh Market, Inc. 2010 Omnibus Incentive Compensation Plan (the “Plan”).
DIRECTOR INDEMNIFICATION AGREEMENTDirector Indemnification Agreement • October 19th, 2010 • Fresh Market, Inc. • Retail-grocery stores • Delaware
THIS DIRECTOR INDEMNIFICATION AGREEMENT (the “Agreement”) is effective as of [ ], 20[ ] by and among The Fresh Market, Inc., a Delaware corporation (the “Company”), and [Name of Director] (the “Indemnitee”).
FORM OF OPTION AWARD AGREEMENTOption Award Agreement • October 19th, 2010 • Fresh Market, Inc. • Retail-grocery stores • Delaware
This Option Award Agreement (the “Award Agreement”) sets forth the terms and conditions of an award of options to purchase [—] shares (the “Award”) of the Company’s common stock, $0.01 par value per share (each, a “Share”), that are being granted to you on the date hereof (such date, the “Grant Date”), at an exercise price of $[—] per Share (the “Exercise Price”), that are subject to the terms and conditions specified herein (each such option to purchase one Share, an “Option”), and that are granted to you under The Fresh Market, Inc. 2010 Omnibus Incentive Compensation Plan (the “Plan”). The Options are not intended to qualify as “incentive stock options” (within the meaning of Section 422 of the Internal Revenue Code of 1986, as amended).
FORM OF RESTRICTED STOCK UNIT AWARD AGREEMENTRestricted Stock Unit Award Agreement • October 19th, 2010 • Fresh Market, Inc. • Retail-grocery stores • Delaware
This Restricted Stock Unit Award Agreement (the “Award Agreement”) sets forth the terms and conditions of an award of [—] restricted stock units (the “Award”) that are subject to the terms and conditions specified herein (“RSUs”) and that are being granted to you on the date hereof (such date, the “Grant Date”) under The Fresh Market, Inc. 2010 Omnibus Incentive Compensation Plan (the “Plan”). This Award constitutes an unfunded and unsecured promise of the Company to deliver (or cause to be delivered) to you, subject to the terms of this Award Agreement, a share of the Company’s common stock, $0.01 par value (a “Share”), as set forth in Section 3 below.
FORM OF DEFERRED STOCK UNIT AWARD AGREEMENT FOR NON-EMPLOYEE DIRECTORSDeferred Stock Unit Award Agreement • October 19th, 2010 • Fresh Market, Inc. • Retail-grocery stores • Delaware
This Deferred Stock Unit Award Agreement (the “Award Agreement”) sets forth the terms and conditions of an award (the “Award”) of [—] deferred stock units (“DSUs”) that are being granted to you in consideration of your decision to forgo certain annual cash retainers (or a portion thereof) to which you would have been entitled for your service as a director of the Company. The DSUs are subject to the terms and conditions specified herein and are being granted to you on the date hereof (such date, the “Grant Date”) under The Fresh Market, Inc. 2010 Omnibus Incentive Compensation Plan (the “Plan”). This Award constitutes an unfunded and unsecured promise of the Company to deliver (or cause to be delivered) to you, subject to the terms of this Award Agreement, a share of the Company’s common stock, $0.01 par value (a “Share”), as set forth in Section 3 below.
