0001193125-11-060842 Sample Contracts

AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT by and among VITAMIN SHOPPE INDUSTRIES INC. VS DIRECT INC. as Borrowers and VITAMIN SHOPPE, INC. (f/k/a VS Holdings, Inc.) as Guarantor THE LENDERS AND ISSUING BANK FROM TIME TO TIME PARTY HERETO...
Loan and Security Agreement • March 9th, 2011 • Vitamin Shoppe, Inc. • Retail-food stores • New York

This Amended and Restated Loan and Security Agreement dated January 20, 2011 (this “Agreement”) is entered into by and among Vitamin Shoppe Industries Inc., a New York corporation (“Vitamin Shoppe”), VS Direct Inc., a Delaware corporation (“VS Direct”, and together with Vitamin Shoppe, each individually a “Borrower” and collectively, “Borrowers” as hereinafter further defined), Vitamin Shoppe, Inc., a Delaware corporation and successor by name change to VS Holdings, Inc. (“Parent” as hereinafter further defined), the parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders” as hereinafter further defined) and JPMorgan Chase Bank, N.A., a national banking association, in its capacity as agent for Lenders (in such capacity, “Agent” as hereinafter further defined).

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AMENDMENT NO. 3 TO EMPLOYMENT AND NON-COMPETITION AGREEMENT
Employment and Non-Competition Agreement • March 9th, 2011 • Vitamin Shoppe, Inc. • Retail-food stores

THIS AMENDMENT NO. 3 TO EMPLOYMENT AND NON-COMPETITION AGREEMENT, (this “Agreement”) is made as of February 28, 2011, by and among Michael G. Archbold (“Executive”), Vitamin Shoppe, Inc., a Delaware Corporation, (“Parent”) and Vitamin Shoppe Industries Inc., a Delaware corporation (the “Company”).

AMENDMENT NO. 1 TO EMPLOYMENT AND NON-COMPETITION AGREEMENT
Employment and Non-Competition Agreement • March 9th, 2011 • Vitamin Shoppe, Inc. • Retail-food stores

THIS AMENDMENT NO. 1 TO EMPLOYMENT AND NON-COMPETITION AGREEMENT, (this “Agreement”) is made as of February 28, 2011, by and among Richard Markee (“Executive”), Vitamin Shoppe, Inc., a Delaware corporation, (“Parent”) and Vitamin Shoppe Industries Inc., a New York corporation (the “Company”).

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