Dave & Buster’s Entertainment, Inc. [ ] Shares of Common Stock, par value [$0.01] per share Underwriting AgreementUnderwriting Agreement • September 7th, 2012 • Dave & Buster's Entertainment, Inc. • Retail-eating places • New York
Dave & Buster’s Entertainment, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [ ] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [ ] additional shares (the “Optional Shares”) of Common Stock, par value [$0.01] per share (“Stock”), of the Company. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”.
Dave & Buster’s Entertainment, Inc. NONQUALIFIED STOCK OPTION AWARD AGREEMENTNonqualified Stock Option Award Agreement • September 7th, 2012 • Dave & Buster's Entertainment, Inc. • Retail-eating places • Delaware
THIS NONQUALIFIED STOCK OPTION AWARD AGREEMENT (this “Award Agreement”) is made effective as of [•] (the “Date of Grant”), between Dave & Buster’s Entertainment, Inc., a Delaware corporation (the “Company”) and [•] (the “Participant”).
REGISTRATION RIGHTS AGREEMENT DATED AS OF AMONG DAVE & BUSTER’S ENTERTAINMENT, INC. AND THE STOCKHOLDERS PARTY HERETORegistration Rights Agreement • September 7th, 2012 • Dave & Buster's Entertainment, Inc. • Retail-eating places • Delaware
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of [ ], 2012, among Dave & Buster’s Entertainment, Inc., a corporation organized under the laws of the State of Delaware (the “Company”), and the Persons named on the signature pages hereto (including any additional signatories to this Agreement after the date hereof, the “Stockholders”).
DAVE & BUSTER’S ENTERTAINMENT, INC. AMENDED AND RESTATED NONQUALIFIED STOCK OPTION AGREEMENTNonqualified Stock Option Agreement • September 7th, 2012 • Dave & Buster's Entertainment, Inc. • Retail-eating places • Delaware
THIS AMENDED AND RESTATED NONQUALIFIED STOCK OPTION AGREEMENT (the “Agreement”), dated as of [•], 2012 (hereinafter referred to as the “Restatement Date”) is made by and between Dave & Buster’s Entertainment, Inc. (f/k/a Dave & Buster’s Parent, Inc.), a Delaware corporation (the “Company”) and the individual set forth on Exhibit A hereto (“Optionee”).
