Standard Contracts
INTERCREDITOR, SUBORDINATION AND STANDBY AGREEMENTIntercreditor, Subordination and Standby Agreement • December 14th, 2007 • Dover Saddlery Inc • Retail-miscellaneous shopping goods stores • New Hampshire
THIS INTERCREDITOR, SUBORDINATION AND STANDBY AGREEMENT (this “Agreement”) is made as of this day of December, 2007, by and between RBS Citizens, National Association, a national banking association, with a principal place of business at 875 Elm Street, Manchester, New Hampshire 03101 (“Lender”); Dover Saddlery, Inc., a Delaware corporation, Dover Saddlery, Inc. a Massachusetts corporation, Smith Brothers, Inc., a Texas corporation, Dover Saddlery Retail, Inc., a Massachusetts corporation, Old Dominion Enterprises, Inc., a Virginia corporation and Dover Saddlery Direct, Inc., a Massachusetts corporation, all with an address of 525 Great Road, Littleton, Massachusetts 01460 (hereinafter, each individually a “Borrower”, and collectively “Borrowers”); and BCA Mezzanine Fund, L.P., a Delaware limited partnership, with a principal place of business at One Turks Head Place, Suite 1492, Providence, Rhode Island 02903 (“Junior Lender”).
ContractCommon Stock Purchase Warrant • December 14th, 2007 • Dover Saddlery Inc • Retail-miscellaneous shopping goods stores • Delaware
THIS WARRANT AND THE COMMON STOCK ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THIS WARRANT AND THE COMMON STOCK ISSUABLE UPON EXERCISE OF THIS WARRANT MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS WARRANT UNDER SAID ACT OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO DOVER SADDLERY, INC. THAT SUCH REGISTRATION IS NOT REQUIRED.
REVOLVING CREDIT NOTERevolving Credit Note • December 14th, 2007 • Dover Saddlery Inc • Retail-miscellaneous shopping goods stores
MEZZANINE LOAN AGREEMENT BETWEEN DOVER SADDLERY, INC. AND BCA MEZZANINE FUND, L.P. December 11, 2007 EXHIBITS MEZZANINE LOAN AGREEMENTMezzanine Loan Agreement • December 14th, 2007 • Dover Saddlery Inc • Retail-miscellaneous shopping goods stores • Rhode Island
THIS MEZZANINE LOAN AGREEMENT is dated as of December 11, 2007 and entered into by and among DOVER SADDLERY, INC., a Delaware corporation having its principal place of business at 525 Great Road, Littleton, MA 01460 (“Borrower”), and BCA MEZZANINE FUND, L.P., a Delaware limited partnership having offices at One Turks Head Place, Suite 1492, Providence, RI 02903 (collectively, with its successors and assigns, “Lender”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 14th, 2007 • Dover Saddlery Inc • Retail-miscellaneous shopping goods stores • Delaware
This Registration Rights Agreement dated as of December 11, 2007 (this “Agreement”) by and between Dover Saddlery, Inc., a Delaware corporation (the “Company”) and the investors named in Exhibit A attached hereto (each, an “Investor,” and, collectively, the “Investors”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 14th, 2007 • Dover Saddlery Inc • Retail-miscellaneous shopping goods stores • New Hampshire
LOAN AND SECURITY AGREEMENT (the “Agreement”) dated this day of December, 2007, by and among, Dover Saddlery, Inc., a Delaware corporation (“Dover DE”), Dover Saddlery, Inc., a Massachusetts corporation, Smith Brothers, Inc., a Texas corporation, Dover Saddlery Retail, Inc., a Massachusetts corporation, Old Dominion Enterprises, Inc., a Virginia corporation and Dover Saddlery Direct, Inc., a Massachusetts corporation (hereinafter, each with Dover DE, individually a “Borrower”, and collectively the “Borrowers”) and RBS Citizens, National Association, a national banking association, with a principal place of business at 875 Elm Street, Manchester, New Hampshire 03101 (hereinafter the “Lender”);
SECURITY AGREEMENTSecurity Agreement • December 14th, 2007 • Dover Saddlery Inc • Retail-miscellaneous shopping goods stores • Rhode Island
THIS SECURITY AGREEMENT (this “Agreement”) dated as of December 11, 2007 by DOVER SADDLERY, INC., a Massachusetts corporation, SMITH BROTHERS, INC., a Texas corporation, DOVER SADDLERY DIRECT, INC., a Massachusetts corporation, DOVER SADDLERY RETAIL, INC., a Massachusetts corporation, OLD DOMINION ENTERPRISES, INC., a Virginia corporation, and the other direct and indirect subsidiaries of DOVER SADDLERY, INC., a Delaware corporation (“Borrower”) from time to time party hereto and identified in one or more Joinder Agreements, as defined below, (each a “Guarantor” and collectively, “Guarantors”), is executed in favor of BCA MEZZANINE FUND, L.P., a Delaware limited partnership, having an office at 1492 Turks Head Place, Providence, RI 02903 (“Lender”). Capitalized terms used but not expressly defined herein shall have the meanings assigned thereto in the Loan Agreement, as defined below.
