BBBYCF LLCs operating agreement is silent with respect to indemnification. See the discussion
above regarding indemnification provisions in the Delaware Limited Liability Company Act.
BBBYTF LLCs operating agreement is silent with respect to
indemnification. See the discussion above regarding indemnification provisions in the Delaware Limited Liability Company Act.
Bed Bath & Beyond
of California Limited Liability Companys operating agreement provides that it shall indemnify and hold harmless the sole member, shareholders of the sole member and any officer and or director of the sole member (each, an
Indemnitee) against any and all losses, claims, damages, expenses and liabilities (including, but not limited to, any investigation, legal and other reasonable expenses incurred in connection with, and any amounts paid in
settlement of, any action, suit, proceeding or claim) of any kind or nature whatsoever that any Indemnitee may at any time become subject to or liable for by reason of the formation, operation or termination of Bed Bath & Beyond of
California Limited Liability Company, or the sole members acting as such under the operating agreement, or the authorized actions of any Indemnitee in connection with the conduct of the affairs of Bed Bath & Beyond of California
Limited Liability Company (including, without limitation, indemnification against negligence, gross negligence, or breach of duty).
BWAO LLCs
operating agreement provides that to the fullest extent permitted by law, if the sole member of BWAO LLC or any of its direct or indirect partners, members, trustees, directors, officers, shareholders, employees, incorporators, agents, affiliates or
controlling persons (collectively, the Indemnified Persons and each, including the sole member, an Indemnified Person), becomes involved, in any capacity, in any threatened, pending or completed action,
proceeding or investigation, in connection with any matter arising out of or relating to BWAO LLCs business or affairs, BWAO LLC will periodically reimburse such Indemnified Person for its legal and other expenses (including the cost of any
investigation and preparation) incurred in connection therewith, provided that such Indemnified Person shall promptly repay to BWAO LLC the amount of any such reimbursed expenses paid to such Indemnified Person if it shall ultimately be determined
that such Indemnified Person is not entitled to indemnification by BWAO LLC in connection with such action, proceeding or investigation. To the fullest extent permitted by law, BWAO LLC will also indemnify and hold harmless each Indemnified Person
against any losses, claims, damages, liabilities, obligations, penalties, actions, judgments, suits, proceedings, costs, expenses and disbursements of any kind or nature whatsoever (collectively, Costs), to which such Indemnified
Person may become subject in connection with any matter arising out of or in connection with BWAO LLCs business or affairs, except to the extent that any such Costs result solely from the willful misfeasance, gross negligence or bad faith of
such Indemnified Person. If for any reason (other than the willful misfeasance, gross negligence or bad faith of such Indemnified Person) the foregoing indemnification is unavailable to such Indemnified Person, or insufficient to hold it harmless,
then BWAO LLC shall contribute to the amount paid or payable by such Indemnified Person as a result of such Costs in such proportion as is appropriate to reflect not only the relative benefits received by BWAO LLC on the one hand, and such
Indemnified Person on the other hand, but also the relative fault of BWAO LLC and such Indemnified Person, as well as any relevant equitable considerations.
Chef C Holdings LLCs operating agreement provides that to the fullest extent permitted by the DLLCA, Chef C Holdings LLC shall indemnify, hold harmless,
defend, pay and reimburse any of the sole member, authorized signatories, authorized person, manager, officer, employee, agent, counsel, representative, or affiliate of Chef C Holdings, and their respective officers, directors, shareholders,
partners, members, managers, affiliates, employees, agents, counsel, and representatives, and the successors or assigns of any of the foregoing (each, a Covered Person) against any and all losses, claims, damages, judgments,
fines, penalties or liabilities, including, without limitation, fees and disbursements of counsel and other professionals or expenses incurred in investigating or defending against such losses, claims, damages, judgments, fines, penalties or
liabilities, and any amounts expended in settlement of any claims (collectively, Losses) to which such Covered Person may become subject by reason of (a) any act or omission or alleged act or omission performed or omitted to
be performed on behalf of Chef C Holdings LLC, any member of Chef C Holdings LLC or any direct or indirect subsidiary of the foregoing in connection with the business of Chef C Holdings LLC; or (b) the fact that such
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