0001193125-23-084725 Sample Contracts

SALES AGREEMENT
Sales Agreement • March 30th, 2023 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
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COMMON STOCK PURCHASE AGREEMENT Dated as of March 30, 2023 by and between BED BATH & BEYOND INC. and B. RILEY PRINCIPAL CAPITAL II, LLC
Common Stock Purchase Agreement • March 30th, 2023 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York

This COMMON STOCK PURCHASE AGREEMENT is made and entered into as of March 30, 2023 (this “Agreement”), by and between B. Riley Principal Capital II, LLC, a Delaware limited liability company (the “Investor”), and Bed Bath & Beyond Inc., a New York corporation (the “Company”).

FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVER
Credit Agreement and Waiver • March 30th, 2023 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York

AMENDED AND RESTATED CREDIT AGREEMENT dated as of August 9, 2021 (as it may be amended or modified from time to time, this “Agreement”) among BED BATH &BEYOND INC., as the Company, the other U.S. Borrowers party hereto, the Canadian Borrowers party hereto, the other Loan Parties party hereto, the Lenders party hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent and SIXTH STREET SPECIALTY LENDING, INC., as FILO Agent.

EXCHANGE AGREEMENT
Exchange Agreement • March 30th, 2023 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York

This Exchange Agreement (this “Agreement”) is made as of March 30, 2023 (“Effective Date”), by and between Bed Bath & Beyond Inc., a New York corporation (the “Company”), and HBC Investments LLC (the “Holder”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Preferred Stock Warrant (as defined below).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • March 30th, 2023 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores

This REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of March 30, 2023, is by and between B. Riley Principal Capital II, LLC, a Delaware limited liability company (the “Investor”), and Bed Bath & Beyond Inc., a New York corporation (the “Company”).

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