EX-10.1
from 8-K
185 pages
The Bon-Ton Department Stores, Inc., Carson Pirie Scott II, Inc., Bon-Ton Distribution, LLC, McRil, LLC, Bonstores Realty One, LLC and Bonstores Realty Two, LLC, as Borrowers, and the Other Obligors Party Hereto, Senior Secured, Super-Priority Debtor-In-Possession Loan and Security Agreement Dated as of February 7, 2018 Certain Financial Institutions, as Lenders and Bank of America, N.A., as Agent Merrill Lynch, Pierce, Fenner & Smith Incorporated, Wells Fargo Bank, National Association, Citizens Bank, N.A. and PNC Capital Markets LLC as Joint Lead Arrangers and Joint Book Runners Wells Fargo Bank, National Association, Citizens Bank, N.A. and PNC Bank National Association, as Syndication Agents Bank of America, N.A. and Wells Fargo Bank, National Association, as Co-Collateral Agents Crystal Financial LLC, as Tranche A-1 Documentation Agent
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EX-10.4
from 8-K
8 pages
This Guaranty (This “Guaranty”), Dated as of January 15, 2016, by the Entities Signatory Hereto (Collectively, the “New Guarantors” and Each a “New Guarantor”) in Favor of (I) Bank of America, N.A., a National Banking Association, as Agent (Hereinafter, in Such Capacity, “Agent”) for Itself and the Other Financial Institutions (Hereinafter, Collectively, the “Lenders”) Which From Time to Time Are or May Become Parties to That Certain Second Amended and Restated Loan and Security Agreement Dated as of March 21, 2011 (As Amended, Amended and Restated, Supplemented or Otherwise Modified and in Effect From Time to Time, the “Loan Agreement”), by and Among the Bon-Ton Department Stores, Inc., a Pennsylvania Corporation (“Bon-Ton”), Carson Pirie Scott II, Inc., a Florida Corporation (“Cps II”), Bon-Ton Distribution, LLC, an Illinois Limited Liability Company (“Distribution”), McRil, LLC, a Virginia Limited Liability Company (“McRil” and Together With Bon-Ton, Cps II, Distribution and Any Other Person From Time to Time a Borrower Thereunder, Collectively, the “Borrowers”), Each of Other Obligors Party Thereto, the Lenders, Agent, and the Other Agents and Arrangers From Time to Time Party Thereto, (II) Each of the Lenders and (III) Each of the Other Secured Parties (As Defined in the Loan Agreement)
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EX-4.5
from 8-K
8 pages
This Guaranty (This “Guaranty”), Dated as of December 31, 2013, by Bon-Ton Distribution II, LLC, an Illinois Limited Liability Company (Which Will, Immediately After Entering Into This Guaranty, Merge With Bon-Ton Distribution, Inc., an Illinois Corporation (“Distribution”), and the Surviving Entity Will Change Its Name to Bon-Ton Distribution, LLC, an Illinois Limited Liability Company) (The “New Guarantor”), in Favor of (I) Bank of America, N.A., a National Banking Association, as Agent (Hereinafter, in Such Capacity, “Agent”) for Itself and the Other Financial Institutions (Hereinafter, Collectively, the “Lenders”) Which From Time to Time Are or May Become Parties to That Certain Second Amended and Restated Loan and Security Agreement Dated as of March 21, 2011 (As Modified by That Certain First Amendment to Second Amended and Restated Loan and Security Agreement Dated as of October 25, 2012 and That Certain Second Amendment to Second Amended and Restated Loan and Security Agreement Dated as of December 12, 2013 and as Further Amended, Amended and Restated, Supplemented or Otherwise Modified and in Effect From Time to Time, the “Loan Agreement”), by and Among the Bon-Ton Department Stores, Inc., a Pennsylvania Corporation (“Bon-Ton”), Carson Pirie Scott II, Inc., a Florida Corporation (“Cps II”), Distribution, McRil, LLC, a Virginia Limited Liability Company (“McRil”), the Bon-Ton Stores of Lancaster, Inc., a Pennsylvania Corporation (“Lancaster” And, Together With Bon-Ton, Cps II, Distribution, McRil and Any Other Person From Time to Time a Borrower Thereunder, Collectively, the “Borrowers”), Each of Other Obligors Party Thereto, the Lenders, Agent and the Other Agents and Arrangers From Time to Time Party Thereto, (II) Each of the Lenders and (III) Each of the Other Secured Parties (As Defined in the Loan Agreement)
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EX-4.10
from 8-K
8 pages
This Guaranty (This “Guaranty”), Dated as of February 2, 2013, by Carson Pirie Scott II, Inc., a Florida Corporation (The “New Guarantor”), in Favor of (I) Bank of America, N.A., a National Banking Association, as Agent (Hereinafter, in Such Capacity, “Agent”) for Itself and the Other Financial Institutions (Hereinafter, Collectively, the “Lenders”) Which From Time to Time Are or May Become Parties to That Certain Second Amended and Restated Loan and Security Agreement Dated as of March 21, 2011 (As Modified by That Certain First Amendment to Second Amended and Restated Loan and Security Agreement Dated as of October 25, 2012 and as Further Amended, Amended and Restated, Supplemented or Otherwise Modified and in Effect From Time to Time, the “Loan Agreement”), by and Among the Bon-Ton Department Stores, Inc., a Pennsylvania Corporation (“Bon-Ton”), Carson Pirie Scott II, Inc., a Mississippi Corporation (“Cps II”), Bon-Ton Distribution, Inc., an Illinois Corporation (“Distribution”), McRil, LLC, a Virginia Limited Liability Company (“McRil”), the Bon-Ton Stores of Lancaster, Inc., a Pennsylvania Corporation (“Lancaster” And, Together With Bon-Ton, Cps II, Distribution, McRil and Any Other Person From Time to Time a Borrower Thereunder, Collectively, the “Borrowers”), Each of Other Obligors Party Thereto, the Lenders, Agent, and the Other Agents and Arrangers From Time to Time Party Thereto, (II) Each of the Lenders and (III) Each of the Other Secured Parties (As Defined in the Loan Agreement)
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EX-4.5
from 8-K
8 pages
This Guaranty (This “Guaranty”), Dated as of January 31, 2013, by the Bon-Ton Giftco, LLC, a Virginia Limited Liability Company (The “New Guarantor”), in Favor of (I) Bank of America, N.A., a National Banking Association, as Agent (Hereinafter, in Such Capacity, “Agent”) for Itself and the Other Financial Institutions (Hereinafter, Collectively, the “Lenders”) Which From Time to Time Are or May Become Parties to That Certain Second Amended and Restated Loan and Security Agreement Dated as of March 21, 2011 (As Modified by That Certain First Amendment to Second Amended and Restated Loan and Security Agreement Dated as of October 25, 2012 and as Further Amended, Amended and Restated, Supplemented or Otherwise Modified and in Effect From Time to Time, the “Loan Agreement”), by and Among the Bon-Ton Department Stores, Inc., a Pennsylvania Corporation (“Bon-Ton”), Carson Pirie Scott II, Inc., a Mississippi Corporation (“Cps II”), Bon-Ton Distribution, Inc., an Illinois Corporation (“Distribution”), McRil, LLC, a Virginia Limited Liability Company (“McRil”), the Bon-Ton Stores of Lancaster, Inc., a Pennsylvania Corporation (“Lancaster” And, Together With Bon-Ton, Cps II, Distribution, McRil and Any Other Person From Time to Time a Borrower Thereunder, Collectively, the “Borrowers”), Each of Other Obligors Party Thereto, the Lenders, Agent, and the Other Agents and Arrangers From Time to Time Party Thereto, (II) Each of the Lenders and (III) Each of the Other Secured Parties (As Defined in the Loan Agreement)
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