EX-10.5
from 8-K
32 pages
Pari Passu Intercreditor Agreement Among Burlington Coat Factory Warehouse Corporation, the Other Grantors Party Hereto, Jpmorgan Chase Bank, N.A., as Credit Agreement Collateral Agent for the Credit Agreement Secured Parties Jpmorgan Chase Bank, N.A., as Authorized Representative for the Credit Agreement Secured Parties, Wilmington Trust, National Association as the Additional Pari Passu Collateral Agent Wilmington Trust, National Association as the Initial Additional Authorized Representative, and Each Additional Authorized Representative From Time to Time Party Hereto Dated as of April 16, 2020
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EX-10.4
from 8-K
48 pages
Amended and Restated Intercreditor Agreement by and Among Bank of America, N.A., as Abl Agent, Jpmorgan Chase Bank, N.A. (As Successor in Interest to Bear Stearns Corporate Lending Inc.), as First Lien Term Agent, and Wilmington Trust, National Association, as First Lien Notes Agent Dated as of April 16, 2020
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EX-10.1
from 8-K
126 pages
Amendment No. 7, Dated as of November 2, 2018 (This “Amendment”), to the Credit Agreement Dated as of February 24, 2011, as Amended by That Certain Amendment No. 1 Dated as of May 16, 2012, as Further Amended by That Certain Amendment No. 2 Dated as of February 15, 2013, as Further Amended by That Certain Amendment No. 3 Dated as of May 17, 2013, as Further Amended by That Certain Amendment No. 4 Dated as of August 13, 2014; as Further Amended by That Certain Amendment No. 5 Dated as of July 29, 2016 and as Further Amended by That Certain Amendment No. 6 Dated as of November 17, 2017, Among Burlington Coat Factory Warehouse Corporation, a Florida Corporation (The “Borrower”), the Several Banks and Other Financial Institutions or Entities From Time to Time Party 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 Prior to the Effectiveness of This Amendment, the “Credit Agreement”), by and Among the Borrower, the Facility Guarantors Party Hereto, Each Lender Party Hereto and the Administrative Agent. 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 and Certain Other Loan Documents in Accordance With Section 9.02 of the Credit Agreement on the Terms Set Forth Herein; 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. Amendment. (A) the Credit Agreement Is, Effective Upon Receipt by the Administrative Agent of Executed Counterparts to This Amendment From the Borrower and Lenders Constituting Required Lenders, Hereby Amended as Follows
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