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28
Item 15. Exhibits and Financial Statement Schedules.
3. Exhibits.
Exhibit
No. Description
3.1 Composite Certificate of Incorporation of Registrant, as amended (incorporated by reference to
the Company’ s annual report on Form 10-K for the year ended December 31, 2001)
3.2 Amended and Restated By-laws of Registrant (effective as of December
29, 2007, incorporated by
reference to the Company’ s annual report on Form 10-K for the year ended December 31, 2007)
3.3 Amendment to the Bylaws of the Registrant (incorporated by reference to the Company’ s report
on Form 8-K dated March 3, 2008)
4.1 Stockholders Agreement (incorporated by reference to the Company’ s quarterly report on
Form 10-Q for the quarterly period ended September 30, 1995)
10.1 Form of 1995 Long-Term Stock Incentive Plan* (incorporated by reference to the Company’ s
registration statement on Form S-1) (Registration No. 333-1852)
10.2 Form of 1995 Stock Plan for Non-Employee Directors* (incorporated by reference to the
Company’ s registration statement on Form S-1) (Registration No. 333-1852)
10.3 Form of 1999 Long-Term Stock Incentive Plan as amended* (incorporated by reference to the
Company’ s report on Form 8-K dated May 20, 2003)
10.4 Form of 2006 Stock Incentive Plan for Non-Employee Directors* (incorporated by reference to
the Company’ s annual report on Form 10-K for the year ended December 31, 2006)
10.5 Form of 2005 Employee Stock Purchase Plan* (incorporated by reference to the Company’ s
annual report on Form 10-K for the year ended December 31, 2006)
10.6 Lease Agreement dated September
20, 1988 between the Company and Addwin Realty Associates
(Port Washington facility) (incorporated by reference to the Company’ s registration statement on
Form S-1) (Registration No. 33-92052)
10.7 First Amendment to Lease Agreement dated September 20, 1998 between the Company and
Addwin Realty Associates (Port Washington facility) (incorporated by reference to the
Company’ s annual report on Form 10-K for the year ended December 31, 1998)
10.8 Second Amendment to Lease Agreement dated September 20, 1988 between the Company and
Addwin Realty Associates (Port Washington facility) (incorporated by reference to the
Company’ s annual report on Form 10-K for the year ended December 31, 2007)
10.9 Build-to-Suit Lease Agreement dated April, 1995 among the Company, American National Bank
and Trust Company of Chicago (Trustee for the original landlord) and Walsh, Higgins &
& Company (Contractor) (“Naperville Illinois Facility Lease”) (incorporated by reference to the
Company’ s registration statement on Form S-1) (Registration No. 33-92052)
10.10 First Amendment, dated as of February 1, 2006, to the Naperville Illinois Facility Lease between
the Company and Ambassador Drive LLC (current landlord) (incorporated by reference to the
Company’ s annual report on Form 10-K for the year ended December 31, 2005)
10.11 Lease Agreement dated September 17, 1998 between Tiger Direct, Inc. and Keystone Miami
Property Holding Corp. (Miami facility) (incorporated by reference to the Company’ s quarterly
report on Form 10-Q for the quarterly period ended September 30, 1998)
10.12 First Amendment, dated as of September 5, 2003, to the Lease Agreement between Tiger
Direct, Inc. and Keystone Miami Property Holding Corp. (Miami facility) (filed herewith)
10.13 Second Amendment, dated March 22, 2007, to the Lease Agreement between Tiger Direct, Inc.
and Keystone Miami Property Holding Corp. (Miami facility) (filed herewith)
10.14 Third Amendment, dated as of June 26, 2009, to the Lease Agreement between Tiger Direct, Inc.
and Mota Associates Limited Partnership (successor in interest to landlord Keystone Miami
Property Holding Corp.) (Miami facility) (filed herewith)
10.15 Lease agreement, dated December 8, 2005, between the Company and Hamilton Business Center,
LLC (Buford, Georgia facility) (incorporated by reference to the Company’ s annual report on
Form 10-K for the year ended December 31, 2005)
10.16 First Amendment, dated as of June 12, 2006, to the Lease Agreement between the Company and
Hamilton Business Center, LLC (Buford, Georgia facility) (incorporated by reference to the
Company’ s annual report on Form 10-K for the year ended December 31, 2005)
10.17 Employment Agreement entered into on October 12, 2004 but effective as of June 1, 2004
between the Company and Gilbert Fiorentino* (incorporated by reference to the Company’ s
report on Form 8-K dated October 12, 2004)
10.18 Amendment No. 1, dated December 30, 2009, to Employment Agreement between the Company
and Gilbert Fiorentino* (incorporated by reference to the Company’ s report on Form 8-K dated