Merchandising Agreement Sample Contracts

EX-10.6 6 d337523dex106.htm FORM OF MERCHANDISING AGREEMENT Execution Copy
Merchandising Agreement • May 5th, 2020 • Illinois

THE USE OF THE FOLLOWING NOTATION IN THIS EXHIBIT INDICATES THAT A CONFIDENTIAL PORTION HAS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION: [***].

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Contract
Merchandising Agreement • March 31st, 2017 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores • Illinois

The use of “[***]” in this Exhibit indicates that confidential numbers have been omitted pursuant to a grant of confidential treatment by the Securities and Exchange Commission. The omitted numbers have been filed separately with the Securities and Exchange Commission. The use of “#” in this Exhibit indicates that the omitted numbers are in a range of numbers none of which exceeds 6.

Merchandising Agreement
Merchandising Agreement • October 30th, 2020 • California

This Fulfillment agreement and the exhibits hereto ("Agreement") set forth the terms pursuant to which Killer Merch, LLC, a California limited liability company ("Killer") is entering into an agreement with Flimflam, LLC, a Florida limited liability company (("Company”) Killer and the Company together referred to as the “Parties,” the Parties setting forth Production and Fulfillment rights under the provisions of this Agreement.

LAW ADVOCATE GROUP, LLP
Merchandising Agreement • December 26th, 2022

Parlaying film characters and corresponding film elements into commodities could proffer participants another financial conduit. Yet, not every motion picture is a proper conduit and not every corresponding merchandise a prudent investment. In this article, we explore the salient legal intricacies involved in negotiating and effectuating a merchandising agreement for motion pictures.

Amendment No. 2 to Amended and Restated Merchandising Agreement
Merchandising Agreement • September 6th, 2017 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores

This Amendment No. 2 (“Amendment”), dated as of July 10, 2017, is entered into by and between (1) Sears, Roebuck and Co., a New York corporation (“SRC”), Kmart Corporation, a Michigan corporation (“Kmart” and, together with SRC, “Seller”) and Sears Holdings Corporation, a Delaware corporation (“SHC”) and (2) Sears Hometown and Outlet Stores, Inc., a Delaware corporation (“SHOS”), Sears Authorized Hometown Stores, LLC, a Delaware limited liability company (“SAHS”) and Sears Outlet Stores, L.L.C., a Delaware limited liability company (“Outlet Co.” and, together with SHOS and SAHS, “Buyer”), to further amend the Amended and Restated Merchandising Agreement, retroactive to May 1, 2016, as amended by the Amendment to Amended and Restated Merchandising Agreement, dated as of March 8, 2017, by and between Seller, SHC and Buyer (the “Agreement”). SHC, Seller and SHO are hereinafter referred to individually as a “Party” and collectively as the “Parties.” Defined terms used herein but not otherw

MONRO - MORSE MERCHANDISING AGREEMENT SEPTEMBER 1, 2002
Merchandising Agreement • November 12th, 2002 • Monro Muffler Brake Inc • Services-automotive repair, services & parking
MERCHANDISING TERMS AND CONDITIONS
Merchandising Agreement • October 24th, 2022 • California
AMENDMENT TO AMENDED AND RESTATED MERCHANDISING AGREEMENT
Merchandising Agreement • March 9th, 2017 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores • Illinois

THIS AMENDMENT (this “Amendment”), dated as of March 8, 2017 and effective as of the Effective Date, is entered into by and between (1) Sears, Roebuck and Co., a New York corporation (“SRC”), Kmart Corporation, a Michigan corporation (“Kmart” and, together with SRC, “Sears”) and Sears Holdings Corporation, a Delaware corporation (“SHC”), (2) Sears Hometown and Outlet Stores, Inc., a Delaware corporation (“SHO”), Sears Authorized Hometown Stores, LLC, a Delaware limited liability company (“SAHS”) and Sears Outlet Stores, L.L.C., a Delaware limited liability company (“Outlet Co.” and, together with SHO and SAHS, “Licensee”) and (3) solely for purposes of Section 1.4 and Section 1.6.5, Stanley Black & Decker, Inc. (“Stanley”), to amend the Amended and Restated Merchandising Agreement, retroactive to May 1, 2016, by and among Sears, SHC and Licensee (the “Agreement”). SHC, Sears, Licensee and Stanley are hereinafter referred to individually as a “Party” and collectively as the “Parties.” D

MERCHANDISING AGREEMENT
Merchandising Agreement • March 1st, 2020

This Merchandising Agreement (" Agreement") is entered into with the City of Thousand Oaks, State of California, this, by and between the City of Thousand Oaks, a California municipal corporation ("City") and) ("Merchandiser"), subject to the following terms and conditions.

AMENDMENT NO. 2 TO MERCHANDISING AGREEMENT Dated: December 9, 2013
Merchandising Agreement • December 10th, 2013 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores

THIS AMENDMENT NO. 2 TO MERCHANDISING AGREEMENT (this “Amendment”) between (1) SEARS, ROEBUCK AND CO., a New York corporation (“SRC”), KMART CORPORATION, a Michigan corporation (“Kmart” and together with SRC, “Seller”), and (2) SEARS HOMETOWN AND OUTLET STORES, INC., a Delaware corporation (“SHO”), SEARS AUTHORIZED HOMETOWN STORES, LLC, a Delaware limited liability company (“SAHS”), and SEARS OUTLET STORES, L.L.C., a Delaware limited liability company (“Outlet Co.” and together with SHO and SAHS, “Buyer”), and is retroactive to October 6, 2013 (the “Amendment Date”), and amends that certain Merchandising Agreement between Seller and Buyer dated August 8, 2012 (as amended, the “Agreement”). Capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in the Agreement.

MERCHANDISING AGREEMENT
Merchandising Agreement • April 5th, 2018

WHEREAS, Licensor has adopted and is using “KAIROS”, “KAIROS TORCH”, “KAIROS OUTSIDE” names and designs as Trademarks for goods throughout the United States and elsewhere and is the owner of a U.S. Trademark Registration and Trademark Applications, hereinafter collectively referred to as “Trademarks”; and

EXHIBIT 10.5 THEGLOBE.COM MERCHANDISING AGREEMENT PREMIER PARTNER
Merchandising Agreement • November 3rd, 1999 • Netjewels Com Inc • New York
Short Form Merchandising Agreement)
Merchandising Agreement • January 24th, 2022 • England and Wales

s vysielaním formátovej show The Great Bake Off (Pečie celé Slovensko), ktorej licenciu RTVS zakúpila od spoločnosti BBC Studios Distribution Limited v roku 2020.

Amendment No. 4 to Merchandising Agreement
Merchandising Agreement • May 17th, 2016 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores

This Amendment No. 4 to Merchandising Agreement (this “Amendment”) is between (1) Sears, Roebuck and Co., a New York corporation (“SRC”), Kmart Corporation, a Michigan corporation (together with SRC, “Seller”), and Sears Holdings Corporation, a Delaware corporation (“SHC”), and (2) Sears Hometown and Outlet Stores, Inc., a Delaware corporation (“SHO”), Sears Authorized Hometown Stores, LLC, a Delaware limited liability company (“SAHS”), and Sears Outlet Stores, L.L.C., a Delaware limited liability company (together with SHO and SAHS, “Buyer”). This Amendment amends the Merchandising Agreement between Seller and Buyer dated August 8, 2012, as amended (as amended, the “Merchandising Agreement”), is signed as of the dates listed below and is retro-active to January 31, 2016 (the “Amendment Effective Date”).

AMENDMENT NO. 3 TO MERCHANDISING AGREEMENT
Merchandising Agreement • June 5th, 2015 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores

THIS AMENDMENT NO. 3 TO MERCHANDISING AGREEMENT (this “Amendment”) between (1) SEARS, ROEBUCK AND CO., a New York corporation (“SRC”), KMART CORPORATION, a Michigan corporation (“Kmart” and together with SRC, “Seller”), and (2) SEARS HOMETOWN AND OUTLET STORES, INC., a Delaware corporation (“SHO”), SEARS AUTHORIZED HOMETOWN STORES, LLC, a Delaware limited liability company (“SAHS”), and SEARS OUTLET STORES, L.L.C., a Delaware limited liability company (“Outlet Co.” and together with SHO and SAHS, “Buyer”), is retroactive to December 31, 2014 (the “Amendment Date”), is entered into as of the date of the last signature hereto and amends that certain Merchandising Agreement between Seller and Buyer dated August 8, 2012 (as amended, the “Agreement”). Capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in the Agreement.

AMENDMENT
Merchandising Agreement • March 16th, 2022 • To the Stars Inc. • Services-allied to motion picture production

This Amendment is made and entered into as of December 1, 2021, by and between TO THE STARS, INC. (“TTS”) and MY PRODUCTS, LLC f/s/o Tom DeLonge p/k/a “Angels & Airwaves (“Artist”), with reference to the following facts, which the parties warrant to be accurate and which form part of this Amendment:

Merchandising Agreement
Merchandising Agreement • August 13th, 2019

Party Two is authorized to only utilize The Product in a fashion that does not compete with Party One's ongoing business regarding The Product. Party Two will further utilize The Product only according to the following stipulations:

SPECIMEN MERCHANDISING AGREEMENT
Merchandising Agreement • June 8th, 2007
AMENDED AND RESTATED MERCHANDISING AGREEMENT BETWEEN SEARS, ROEBUCK AND CO., KMART CORPORATION, AND SEARS HOLDINGS CORPORATION AND SEARS HOMETOWN AND OUTLET STORES, INC., SEARS AUTHORIZED HOMETOWN STORES, LLC, AND SEARS OUTLET STORES, L.L.C.,
Merchandising Agreement • May 17th, 2016 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores • Illinois

This Amended and Restated Merchandising Agreement (this “Agreement”) is, except as expressly stated herein, retroactive to May 1, 2016 (the “Effective Date”) and is between (1) SEARS, ROEBUCK AND CO., a New York corporation (“SRC”), KMART CORPORATION, a Michigan corporation (“Kmart” and together with SRC, “Seller”), and SEARS HOLDINGS CORPORATION, a Delaware corporation (“SHC”), and (2) SEARS HOMETOWN AND OUTLET STORES, INC., a Delaware corporation (“SHO”), SEARS AUTHORIZED HOMETOWN STORES, LLC, a Delaware limited liability company (SAHS”), and SEARS OUTLET STORES, L.L.C., a Delaware limited liability company (“Outlet Co.” and together with SHO and SAHS, “Buyer”) and is signed on the dates set forth below. Other capitalized terms used but not defined in this Agreement are defined in Section 20, which begins on page 35.

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AMENDMENT NO. 1 TO MERCHANDISING AGREEMENT
Merchandising Agreement • August 30th, 2013 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores

THIS AMENDMENT NO. 1 TO MERCHANDISING ‘AGREEMENT (this “Amendment”) between (1) SEARS, ROEBUCK AND CO., a New York corporation (“SRC”), KMART CORPORATION, a Michigan corporation (“Kmart” and together with SRC, “Seller”), and (2) SEARS HOMETOWN AND OUTLET STORES, INC., a Delaware corporation (“SHO”), SEARS AUTHORIZED HOMETOWN STORES, LLC, a Delaware limited liability company (SAHS”), and SEARS OUTLET STORES, L.L.C., a Delaware limited liability company (“Outlet Co.” and together with SHO and SAHS, “Buyer”), and is effective as of July 5th, 2013 (the “Amendment Date”), and amends that certain Merchandising Agreement between Seller and Buyer dated August 8, 2012 (the “Agreement”). Capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in the Agreement.

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