JOINT FILING AGREEMENTJoint Filing Agreement • May 15th, 2003 • Esl Investments Inc • Retail-variety stores
This Joint Filing Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original instrument, but all of such counterparts together shall constitute but one agreement.
Exhibit C REGISTRATION RIGHTS AGREEMENT Registration Rights Agreement, dated as of May 6, 2003 (this "Agreement"), by and among Kmart Holding Corporation, a Delaware corporation (the "Company"), on the one hand, and ESL Investments, Inc., a Delaware...Registration Rights Agreement • May 15th, 2003 • Esl Investments Inc • Retail-variety stores • Delaware
EXHIBIT 99.2 JOINT FILING AGREEMENTJoint Filing Agreement • June 2nd, 2015 • Esl Investments, Inc. • Retail-department stores
Pursuant to and in accordance with the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and the rules and regulations thereunder, each party hereto hereby agrees to the joint filing, on behalf of each of them, of any filing required by such party under Section 13 or Section 16 of the Exchange Act or any rule or regulation thereunder (including any amendment, restatement, supplement, and/or exhibit thereto) with the Securities and Exchange Commission (and, if such security is registered on a national securities exchange, also with the exchange), and further agrees to the filing, furnishing, and/or incorporation by reference of this agreement as an exhibit thereto. This agreement shall remain in full force and effect until revoked by any party hereto in a signed writing provided to each other party hereto, and then only with respect to such revoking party.
EXHIBIT 99.2 JOINT FILING AGREEMENTJoint Filing Agreement • November 2nd, 2016 • Esl Investments, Inc. • Retail-department stores
Pursuant to and in accordance with the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and the rules and regulations thereunder, each party hereto hereby agrees to the joint filing, on behalf of each of them, of any filing required by such party under Section 13 or Section 16 of the Exchange Act or any rule or regulation thereunder (including any amendment, restatement, supplement, and/or exhibit thereto) with the Securities and Exchange Commission (and, if such security is registered on a national securities exchange, also with the exchange), and further agrees to the filing, furnishing, and/or incorporation by reference of this agreement as an exhibit thereto. This agreement shall remain in full force and effect until revoked by any party hereto in a signed writing provided to each other party hereto, and then only with respect to such revoking party.
EXHIBIT 99.2 JOINT FILING AGREEMENTJoint Filing Agreement • September 22nd, 2015 • Esl Investments, Inc. • Retail-department stores
Pursuant to and in accordance with the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and the rules and regulations thereunder, each party hereto hereby agrees to the joint filing, on behalf of each of them, of any filing required by such party under Section 13 or Section 16 of the Exchange Act or any rule or regulation thereunder (including any amendment, restatement, supplement, and/or exhibit thereto) with the Securities and Exchange Commission (and, if such security is registered on a national securities exchange, also with the exchange), and further agrees to the filing, furnishing, and/or incorporation by reference of this agreement as an exhibit thereto. This agreement shall remain in full force and effect until revoked by any party hereto in a signed writing provided to each other party hereto, and then only with respect to such revoking party.
JOINT FILING AGREEMENTJoint Filing Agreement • November 19th, 2004 • Esl Investments Inc • Retail-variety stores
This Joint Filing Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original instrument, but all of such counterparts together shall constitute but one agreement.
JOINT FILING AGREEMENT October 5, 2015Joint Filing Agreement • October 5th, 2015 • Esl Investments, Inc. • Retail-family clothing stores
Pursuant to and in accordance with the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and the rules and regulations thereunder, each party hereto hereby agrees to the joint filing, on behalf of each of them, of any filing required by such party under Section 13 or Section 16 of the Exchange Act or any rule or regulation thereunder (including any amendment, restatement, supplement, and/or exhibit thereto) with the Securities and Exchange Commission (and, if such security is registered on a national securities exchange, also with the exchange), and further agrees to the filing, furnishing, and/or incorporation by reference of this agreement as an exhibit thereto. This agreement shall remain in full force and effect until revoked by any party hereto in a signed writing provided to each other party hereto, and then only with respect to such revoking party.
EXHIBIT D [FORM OF 9.00% CONVERTIBLE SUBORDINATED NOTE] THIS NOTE AND ANY SECURITIES INTO WHICH THIS NOTE MAY BE CONVERTED (COLLECTIVELY, THE "SECURITIES") HAVE BEEN ACQUIRED FOR INVESTMENT AND HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF...Convertible Subordinated Note • May 15th, 2003 • Esl Investments Inc • Retail-variety stores • Delaware
AGREEMENTInvestment Agreement • February 1st, 2005 • Esl Investments Inc • Retail-variety stores • Delaware
THIS AGREEMENT, dated January 31, 2005 (this “Agreement”) is entered into by and among Kmart Holding Corporation, a Delaware corporation (“Kmart”), Sears Holdings Corporation, a Delaware corporation (“Holdings”), and ESL Partners, L.P., ESL Investors, L.L.C., ESL Institutional Partners, L.P. and CRK Partners II, L.P. (the foregoing entities other than Kmart and Holdings, collectively, the “ESL Companies”).
ACKNOWLEDGEMENT March 24, 2005Acknowledgement • April 1st, 2005 • Esl Investments Inc • Retail-department stores
Reference is made to (a) the Registration Rights Agreement, dated as of May 6, 2003, by and among Kmart Holding Corporation (“Kmart”), ESL Investments, Inc. and Third Avenue Trust (on behalf of certain investment series) (the “Registration Rights Agreement”) and (b) the Agreement and Plan of Merger, dated as of November 16, 2005, by and among Sears Holdings Corporation (“Holdings”), Kmart, Sears, Roebuck and Co., Kmart Acquisition Corp. and Sears Acquisition Corp. (the “Merger Agreement”).
AMENDMENTAmendment • April 1st, 2005 • Esl Investments Inc • Retail-department stores
THIS AMENDMENT, dated as of March 22, 2005 (this “Agreement”), is entered into by and among Kmart Holding Corporation, a Delaware corporation (“Kmart”), Sears Holdings Corporation, a Delaware corporation (“Holdings”), and ESL Partners, L.P., ESL Investors, L.L.C., ESL Institutional Partners, L.P. and CRK Partners II, L.P. (the foregoing entities other than Kmart and Holdings, collectively, the “ESL Companies”).
JOINT FILING AGREEMENTJoint Filing Agreement • April 1st, 2005 • Esl Investments Inc • Retail-department stores
This Joint Filing Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original instrument, but all of such counterparts together shall constitute but one agreement.
