EX-10.2
from 10-Q
187 pages
Section 1.amendments to Credit Agreement. in Reliance on the Representations, Warranties, Covenants and Agreements Contained in This Amendment, but Subject to the Satisfaction of Each Condition Precedent Set Forth in Section 3 Hereof, the Credit Agreement (Other Than the Signature Pages, Exhibits and Schedules Thereto) Is Hereby Amended in Its Entirety to Read as Set Forth in the Attached Annex A. Section 2.representations and Warranties, No Default. in Order to Induce Each Lender to Enter Into This Amendment and to Amend the Credit Agreement in the Manner Provided Herein, Each of the Loan Parties Represents and Warrants to Each Lender That
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EX-10.1
from 10-Q
142 pages
Amendment No. 7, Dated as of November 25, 2020 (This “Amendment”), to the Credit Agreement Dated as of April 6, 2012, Among the Container Store, Inc., a Texas Corporation (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Jpmorgan Chase Bank, N.A., as Administrative Agent (The “Administrative Agent”), and the Other Parties Thereto (As Amended by Amendment No. 1 Dated as of April 8, 2013, as Amended by Amendment No. 2 Dated as of November 27, 2013, as Amended by Amendment No. 3 Dated as of May 20, 2016, as Amended by Amendment No. 4 Dated as of August 18, 2017, as Amended by Amendment No. 5 Dated as of September 14, 2018 and as Further Amended by Amendment No. 6 Dated as of October 8, 2018, and as Further Amended, Amended and Restated, Supplemented or Otherwise Modified, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement. Whereas, the Borrower Desires to Amend the Credit Agreement on the Terms Set Forth Herein; Whereas, Section 11.01 of the Credit Agreement Provides That the Relevant Loan Parties and the Required Lenders May Amend the Credit Agreement and the Other Loan Documents for Certain Purposes;
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EX-10.24
from 10-K
5 pages
Amendment No. 6, Dated as of October 8, 2018 (This “Amendment”), to the Credit Agreement Dated as of April 6, 2012, Among the Container Store, Inc., a Texas Corporation (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Jpmorgan Chase Bank, N.A., as Administrative Agent (The “Administrative Agent”), and the Other Parties Thereto (As Amended by Amendment No. 1 Dated as of April 8, 2013, as Amended by Amendment No. 2 Dated as of November 27, 2013, as Amended by Amendment No. 3 Dated as of May 20, 2016, and as Further Amended by Amendment No. 4 Dated as of August 18, 2017, Amendment No. 5, Dated as of September 14, 2018, and as Further Amended, Amended and Restated, Supplemented or Otherwise Modified, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement. Whereas, the Borrower Desires to Amend the Credit Agreement on the Terms Set Forth Herein; Whereas, Section 11.01 of the Credit Agreement Provides That the Relevant Loan Parties and the Administrative Agent May Amend the Credit Agreement and the Other Loan Documents, Without the Consent of Any Lender, to Among Other Things, Correct Any Obvious Error; Now, Therefore, in Consideration of the Premises Contained Herein and for Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Acknowledged, the Parties Hereto, Intending to Be Legally Bound Hereby, Agree as Follows: Section I. Amendment. the Credit Agreement Is, Effective as of the Amendment No. 6 Effective Date, Hereby Amended to Replace the Reference to “$292,500,000” Appearing in the Definition of “Term B-2 Loans” With “$272,500,000.”
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EX-10.2
from 10-Q
4 pages
Amendment No. 6, Dated as of September 14, 2018 (This “Amendment”), to the Credit Agreement Dated as of April 6, 2012, Among the Container Store, Inc., a Texas Corporation (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Jpmorgan Chase Bank, N.A., as Administrative Agent (The “Administrative Agent”), and the Other Parties Thereto (As Amended by Amendment No. 1 Dated as of April 8, 2013, as Amended by Amendment No. 2 Dated as of November 27, 2013, as Amended by Amendment No. 3 Dated as of May 20, 2016, and as Further Amended by Amendment No. 4 Dated as of August 18, 2017, Amendment No. 5, Dated as of September 14, 2018, and as Further Amended, Amended and Restated, Supplemented or Otherwise Modified, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement. Whereas, the Borrower Desires to Amend the Credit Agreement on the Terms Set Forth Herein; Whereas, Section 11.01 of the Credit Agreement Provides That the Relevant Loan Parties and the Administrative Agent May Amend the Credit Agreement and the Other Loan Documents, Without the Consent of Any Lender, to Among Other Things, Correct Any Obvious Error; Now, Therefore, in Consideration of the Premises Contained Herein and for Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Acknowledged, the Parties Hereto, Intending to Be Legally Bound Hereby, Agree as Follows: Section I. Amendment. the Credit Agreement Is, Effective as of the Amendment No. 6 Effective Date, Hereby Amended to Replace the Reference to “$292,500,000” Appearing in the Definition of “Term B-2 Loans” With “$272,500,000.”
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EX-10.1
from 8-K
129 pages
Amendment No. 5, Dated as of September 14, 2018 (This “Amendment”), to the Credit Agreement Dated as of April 6, 2012, Among the Container Store, Inc., a Texas Corporation (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Jpmorgan Chase Bank, N.A., as Administrative Agent (The “Administrative Agent”), and the Other Parties Thereto (As Amended by Amendment No. 1 Dated as of April 8, 2013, as Amended by Amendment No. 2 Dated as of November 27, 2013, as Amended by Amendment No. 3 Dated as of May 20, 2016, and as Further Amended by Amendment No. 4 Dated as of August 18, 2017, and as Further Amended, Amended and Restated, Supplemented or Otherwise Modified, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement. Whereas, the Borrower Desires to Amend the Credit Agreement on the Terms Set Forth Herein; Whereas, Section 11.01 of the Credit Agreement Provides That the Relevant Loan Parties and the Required Lenders May Amend the Credit Agreement and the Other Loan Documents for Certain Purposes;
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EX-10.2
from 8-K
12 pages
Amendment No. 4, Dated as of August 18, 2017 (This “Amendment”), to the Credit Agreement Dated as of April 6, 2012, Among the Container Store, Inc., a Texas Corporation (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Jpmorgan Chase Bank, N.A., as Administrative Agent (The “Administrative Agent”) and Collateral Agent, and the Other Parties Thereto (As Amended, Restated, Modified and Supplemented From Time to Time, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement, as Amended Hereby
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EX-10.6
from 10-Q
6 pages
Amendment No. 3, Dated as of May 20, 2016 (This “Amendment”), to the Credit Agreement Dated as of April 6, 2012, Among the Container Store, Inc., a Texas Corporation (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Jpmorgan Chase Bank, N.A., as Administrative Agent (The “Administrative Agent”) and Collateral Agent, and the Other Parties Thereto (As Amended, Restated, Modified and Supplemented From Time to Time, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement, as Amended Hereby
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EX-10.5
from 10-Q
5 pages
Amendment No. 3, Dated as of May 20, 2016 (This “Amendment”), to the Credit Agreement Dated as of April 6, 2012, Among the Container Store, Inc., a Texas Corporation (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Jpmorgan Chase Bank, N.A., as Administrative Agent (The “Administrative Agent”), and the Other Parties Thereto (As Amended, Restated, Modified and Supplemented From Time to Time, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement. Whereas, Each of the Borrower and Holdings Has Notified the Administrative Agent That It Is Changing the End of Its Fiscal Year From the Saturday Closest to February 28 to the Saturday Closest to March 31 of Each Year; and Whereas, Section 7.11 of the Credit Agreement Provides That Holdings, the Borrower and the Administrative Agent Will, and Are Authorized by the Lenders To, Amend the Credit Agreement to Reflect Any Change in Fiscal Year; Now, Therefore, in Consideration of the Premises Contained Herein and for Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Acknowledged, the Parties Hereto, Intending to Be Legally Bound Hereby, Agree as Follows: Section 1. Amendments. Effective as of the Amendment No. 3 Effective Date: (A) Section 1.01 of the Credit Agreement Is Hereby Amended by Adding the Following Definition in Its Proper Alphabetical Order: “Transition Period” Means the Period From and Including February 28, 2016 to and Including April 2, 2016. (B) Section 1.01 of the Credit Agreement Is Hereby Amended by Deleting the Definition of “Fiscal Month” Contained Therein and Replacing It With the Following: ““Fiscal Month” Means Any Fiscal Month of Any Fiscal Year; Provided That for the Avoidance of Doubt, the Transition Period Shall Be Considered a Fiscal Month.”
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EX-10.1
from 8-K
43 pages
Amendment No. 2, Dated as of October 8, 2015 (This “Amendment”), to the Credit Agreement Dated as of April 6, 2012, Among the Container Store, Inc., a Texas Corporation (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Jpmorgan Chase Bank, N.A., as Administrative Agent (The “Administrative Agent”) and Collateral Agent, and the Other Parties Thereto (As Amended, Restated, Modified and Supplemented From Time to Time, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement, as Amended Hereby. Whereas, the Borrower Desires to Amend the Credit Agreement To, Among Other Things, Extend the Initial Maturity Date and to Increase the Commitments Under the Credit Agreement, in Each Case, on the Terms Set Forth Herein; and Whereas, Section 11.01 of the Credit Agreement Provides That the Relevant Loan Parties and the Lenders May Amend the Credit Agreement and the Other Loan Documents for Certain Purposes; Now, Therefore, in Consideration of the Premises Contained Herein and for Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Acknowledged, the Parties Hereto, Intending to Be Legally Bound Hereby, Agree as Follows: Section 1. Amendments. the Credit Agreement Is, Effective as of the Amendment No. 2 Effective Date (As Defined Below), Hereby Amended as Follows: (A) Additional Definitions. Section 1.01 of the Credit Agreement Is Hereby Amended to Add Thereto in Alphabetical Order the Following Definitions Which Shall Read in Full as Follows: “Amendment No. 2” Means Amendment No. 2 to This Agreement, Dated as of October 8, 2015, by and Among the Borrower, the Guarantors, the Administrative Agent, the Collateral Agent and the Lenders Party Thereto. “Amendment No. 2 Effective Date” Has the Meaning Specified in Amendment No. 2
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EX-10.1
from 8-K
125 pages
Amendment No. 2, Dated as of November 27, 2013 (This “Amendment”), to the Credit Agreement Dated as of April 6, 2012, Among the Container Store, Inc., a Texas Corporation (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Jpmorgan Chase Bank, N.A., as Administrative Agent (The “Administrative Agent”), and the Other Parties Thereto (As Amended by Amendment No. 1 on April 8, 2013 and as Further Amended, Restated, Modified and Supplemented From Time to Time, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement. Whereas, the Borrower Desires to Amend the Credit Agreement on the Terms Set Forth Herein; Whereas, Section 11.01 of the Credit Agreement Provides That the Relevant Loan Parties and the Required Lenders May Amend the Credit Agreement and the Other Loan Documents for Certain Purposes;
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EX-10.13
from S-1
14 pages
Amendment No. 1, Dated as of April 8, 2013 (This “Amendment”), to the Credit Agreement Dated as of April 6, 2012, Among the Container Store, Inc., a Texas Corporation (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Jpmorgan Chase Bank, N.A., as Administrative Agent (The “Administrative Agent”) and Collateral Agent, and the Other Parties Thereto (As Amended, Restated, Modified and Supplemented From Time to Time, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement, as Amended Hereby
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EX-10.12
from S-1
240 pages
Credit Agreement $75,000,000 Dated as of April 6, 2012 Among the Container Store, Inc., as Borrower, the Guarantors Party Hereto Jpmorgan Chase Bank, N.A., as Administrative Agent and Collateral Agent, Wells Fargo Bank, National Association, as Syndication Agent, and the Other Lenders Party Hereto J.P. Morgan Securities LLC and Wells Fargo Capital Finance, LLC, as Joint Lead Arrangers J.P. Morgan Securities LLC and Wells Fargo Capital Finance, LLC, as Joint Bookrunning Managers
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EX-10.8
from S-1
120 pages
Amendment No. 1, Dated as of April 8, 2013 (This “Amendment”), to the Credit Agreement Dated as of April 6, 2012, Among the Container Store, Inc., a Texas Corporation (The “Borrower”), the Guarantors Party Thereto, the Several Banks and Other Financial Institutions or Entities From Time to Time Parties to the Credit Agreement (The “Lenders”), Jpmorgan Chase Bank, N.A., as Administrative Agent (The “Administrative Agent”), and the Other Parties Thereto (As Amended, Restated, Modified and Supplemented From Time to Time, the “Credit Agreement”); Capitalized Terms Used and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement. Whereas, the Borrower Desires to Amend the Credit Agreement on the Terms Set Forth Herein; Whereas, Section 11.01 of the Credit Agreement Provides That the Relevant Loan Parties and the Required Lenders May Amend the Credit Agreement and the Other Loan Documents for Certain Purposes;
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