FIRST AMENDMENT TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • February 5th, 2001 • Systemax Inc • Retail-catalog & mail-order houses • New York
AMENDMENT TO LEASELease • March 29th, 1999 • Global Directmail Corp • Retail-catalog & mail-order houses
AMENDMENT NO. 2 TOLoan and Security Agreement • April 1st, 2002 • Systemax Inc • Retail-catalog & mail-order houses • New York
AMENDMENT NO. 3 TO THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • December 2nd, 2022 • GLOBAL INDUSTRIAL Co • Wholesale-industrial machinery & equipment • New York
THIRD AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 28, 2016 (as it may be amended or modified from time to time, this “Agreement”), among GLOBAL INDUSTRIAL COMPANY (f/k/a SYSTEMAX INC.), a corporation organized under the laws of the State of Delaware (“GIC”), each Borrower listed on the signature pages below (together with GIC, each a “Borrower” and collectively, the “Borrowers”), each Guarantor listed on the signature pages below (the “Guarantors” and together with the Borrowers, the “Loan Parties”), the Lenders party hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent, Sole Bookrunner and Sole Lead Arranger.
AMENDMENT NO. 3 TOLoan and Security Agreement • April 1st, 2002 • Systemax Inc • Retail-catalog & mail-order houses • New York
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • September 26th, 1997 • Global Directmail Corp • Retail-catalog & mail-order houses • New York
THIRD AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 28, 2016 among SYSTEMAX INC. GLOBAL EQUIPMENT COMPANY INC. NEXEL INDUSTRIES, INC. GLOBAL INDUSTRIAL DISTRIBUTION INC. C&H DISTRIBUTORS, LLC INDUSTRIALSUPPLIES.COM, LLC PRODUCTS FOR...Credit Agreement • November 3rd, 2016 • Systemax Inc • Retail-catalog & mail-order houses • New York
THIRD AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 28, 2016 (as it may be amended or modified from time to time, this “Agreement”), among SYSTEMAX INC., a corporation organized under the laws of the State of Delaware (“SYX”), each Borrower listed on the signature pages below (together with SYX, each a “Borrower” and collectively, the “Borrowers”), each Guarantor listed on the signature pages below (the “Guarantors” and together with the Borrowers, the “Loan Parties”), the Lenders party hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent, Sole Bookrunner and Sole Lead Arranger.
AGREEMENTEmployment Agreement • October 18th, 2004 • Systemax Inc • Retail-catalog & mail-order houses • Florida
STANDARD FORM SINGLE TENANT INDUSTRIAL LEASE (NET)Single Tenant Industrial Lease • March 27th, 1998 • Global Directmail Corp • Retail-catalog & mail-order houses • California
EMPLOYMENT AGREEMENTEmployment Agreement • May 8th, 2012 • Systemax Inc • Retail-catalog & mail-order houses • New York
EMPLOYMENT AGREEMENT, made as of the 12th day of April, 2012, by and between SYSTEMAX INC. (the “Company” or “Systemax”) and ERIC M. LERNER (“you” or the “Employee”).
SYSTEMAX INC. RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • November 10th, 2011 • Systemax Inc • Retail-catalog & mail-order houses • Delaware
THIS RESTRICTED STOCK UNIT AGREEMENT (the “Agreement”) is made as of October 3, 2011 by and between SYSTEMAX INC., a Delaware corporation (the “Company”), and DAVID SPROSTY (the “Recipient”).
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • March 17th, 2016 • Systemax Inc • Retail-catalog & mail-order houses • Delaware
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is made and entered into this 17th day of November, 2015, by and among Intelligent IT, Inc., a Delaware corporation (“U.S. Purchaser”), Acrodex Inc., an Alberta corporation (“Canadian Purchaser” and, together with U.S. Purchaser, “Purchaser”), PCM, Inc., a Delaware corporation and the ultimate parent of Purchaser (“PCM”), Systemax Inc., a Delaware corporation (“Systemax”), and TigerDirect, Inc., a Florida corporation, TigerDirect CA, Inc., a corporation organized under the laws of Ontario, Canada, Global Gov/Ed Solutions, Inc., a Delaware corporation, Infotel Distributors Inc., a Delaware corporation, Tek Serv Inc., a Delaware corporation, Global Computer Supplies, Inc., a New York corporation, SYX Distribution Inc., a Delaware corporation, SYX Services Inc., a Delaware corporation, SYX North American Tech Holdings, LLC, a Delaware limited liability company, Software Licensing Center, Inc., a Florida corporation, and Pocahontas Corp., a
LEASE AGREEMENT BETWEEN HLIT II CTC 3, L.P., AS LANDLORD, AND GLOBAL INDUSTRIAL DISTRIBUTION INC., AS TENANT DATED APRIL 18, 2019 CROSSROADS TRADE CENTER DESOTO, TEXASLease Agreement • August 6th, 2019 • Systemax Inc • Wholesale-industrial machinery & equipment • Texas
BUILD TO SUIT INDUSTRIAL LEASE AGREEMENT BETWEENIndustrial Lease Agreement • May 14th, 1999 • Global Directmail Corp • Retail-catalog & mail-order houses • Georgia
RECITALSEmployment Agreement • March 27th, 1998 • Global Directmail Corp • Retail-catalog & mail-order houses • New York
EMPLOYMENT AGREEMENTEmployment Agreement • November 4th, 2021 • GLOBAL INDUSTRIAL Co • Wholesale-industrial machinery & equipment • New York
EMPLOYMENT AGREEMENT, made as of the 5th day of October, 2021, by and between GLOBAL INDUSTRIAL COMPANY (the “Company”) and ADINA STORCH (“Employee” and collectively with the Company, the “Parties”).
AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AGREEMENT WAIVER AND CONSENTCredit Agreement • August 29th, 2006 • Systemax Inc • Retail-catalog & mail-order houses • New York
THIS AMENDMENT NO. 1, WAIVER AND CONSENT (“Amendment No. 1, Waiver and Consent”) is entered into as of December 19, 2005 by and among SYSTEMAX INC., a corporation organized under the laws of the State of Delaware (“SYX”), SYSTEMAX MANUFACTURING INC., a corporation organized under the laws of the State of Delaware (“SMI”), GLOBAL COMPUTER SUPPLIES INC., a corporation organized under the laws of the State of New York (“GCS”), GLOBAL EQUIPMENT COMPANY INC., a corporation organized under the laws of the State of New York (“GEC”), TIGERDIRECT, INC., a corporation organized under the laws of the State of Florida (“Tiger”), DARTEK CORPORATION, a corporation organized under the laws of the State of Delaware (“Dartek”), NEXEL INDUSTRIES, INC., a corporation organized under the laws of the State of New York (“NII”), MISCO AMERICA INC., a corporation organized under the laws of the State of Delaware (“Misco”), ONREBATE.COM INC., a corporation organized under the laws of the State of Delaware (“OC
AMENDMENT TO LEASE PORT WASHINGTON, NYLease • March 13th, 2008 • Systemax Inc • Retail-catalog & mail-order houses
That certain lease, dated September 20 1988 (the “Lease”), as amended on March 22, 1999, between ADDWIN REALTY ASSOCIATES, a New York general partnership (hereinafter referred to as the “Landlord”) and CONTINENTAL DYNAMICS CORPORATION, a New York corporation which on December 31, 2000 was merged into GLOBAL COMPUTER SUPPLIES INC., a New York corporation (hereinafter referred to as the “Tenant”) with respect to the premises located at 11 Harbor Park Drive, Port Washington, New York, is hereby amended as follows:
SC MOTA ASSOCIATES LIMITED PARTNERSHIP ONE NORTH CLEMATIS STREET, SUITE 305 WEST PALM BEACH, FL 33401Lease Agreement • March 18th, 2010 • Systemax Inc • Retail-catalog & mail-order houses
Reference is made to that certain Lease dated September 17, 1998 as amended by certain Settlement Agreement and Mutual Release dated June 8, 2001 and First Amendment to Lease dated September 5, 2003, (the “Lease”) between SC MOTA Associates Limited Partnership, as successor in interest to Keystone-Miami Property Holding Corp. (“Landlord”) and Tiger Direct Inc. (“Tenant”) and pertaining to space no. 35 and 33D containing approximately 79,866 s.f. (the “Original Premises”) located in The Mall of the Americas (the “Shopping Center”). This letter sets forth the terms which we are prepared to recommend to the Landlord in connection with your request to lease certain additional premises (the “Additional Premises”) in the Shopping Center.
THIRD AMENDMENT TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • June 1st, 2001 • Systemax Inc • Retail-catalog & mail-order houses • New York
THIRD AMENDMENT, dated as of May 31, 2001 (the “Amendment”), to the REVOLVING CREDIT AGREEMENT, dated as of November 30, 2000, among SYSTEMAX, INC., a Delaware corporation (“Systemax”), the subsidiaries of Systemax named therein (together with Systemax, collectively, the “Borrowers”), THE CHASE MANHATTAN BANK (“Chase”), The Bank of New York (“BNY”; and together with Chase, the “Banks”) and THE CHASE MANHATTAN BANK, as Agent for the Banks (in such capacity, the “Agent”):
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 30th, 2017 • Systemax Inc • Retail-catalog & mail-order houses • Delaware
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”) is entered into as of March 24, 2017, by and among HUK 77 Limited , a limited liability company organized under the laws of England and Wales(“Purchaser”), HUK 76 Limited, a limited liability company organized under the laws of England and Wales (“Debtco”)Systemax Netherlands, B.V., a private limited liability corporation organized and existing under the laws of the Netherlands having its corporate seat in Amsterdam, The Netherlands, having its office address at Herengracht 500, 1017 CB Amsterdam, The Netherlands, registered with the Dutch trade register under number 67872158 (“Seller”), and Systemax Europe S.à.r.l., a private limited liability company (société à responsabilité limitée) organized under the laws of Luxembourg, having its registered office at 46, boulevard Grande Duchesse Charlotte, L-1330 Luxembourg and registered with the Luxembourg Register of Commerce and Companies under number B 166136 (the “Company”). Capitalize
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • December 30th, 2009 • Systemax Inc • Retail-catalog & mail-order houses • New York
Amendment No. 1, dated as of December 30, 2009 (this “Amendment”), to the Employment Agreement (the “Agreement”), dated as of January 17, 2007 by and among SYSTEMAX INC., a Delaware corporation (the “Company") and LAWRENCE P. REINHOLD (the "Employee").
FIRST AMENDMENT TO LEASELease Agreement • March 18th, 2010 • Systemax Inc • Retail-catalog & mail-order houses
THIS FIRST AMENDMENT TO LEASE (the “Amendment”) is made and executed on the dates set forth below, to be effective as of 9/5, 2003, by and between Keystone-Miami Property Holding Corp., a Florida corporation (“Landlord”), and Tiger Direct, Inc., a Delaware corporation, doing business as “Tiger Direct” (“Tenant”) for Space Number 35 and 33C in the Mall of the Americas, and Systemax, Inc. formerly known as Global Direct Mail, Inc., a New York Corporation (“Guarantor”).
AMENDMENT NO. 2 AND WAIVER TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • November 5th, 2013 • Systemax Inc • Retail-catalog & mail-order houses • New York
This AMENDMENT NO. 2 AND WAIVER dated as of August 7, 2013 (this "Amendment") is made by and among SYSTEMAX INC., a corporation organized under the laws of the State of Delaware ("SYX"), each Borrower listed on the signature pages below (together with SYX, each a "Borrower" and jointly and severally the "Borrowers"), each Loan Guarantor listed on the signature pages hereto, (each a "Loan Guarantor" and, jointly and severally as the context may require, the "Loan Guarantors"), the lenders from time to time party hereto, and JPMORGAN CHASE BANK, N.A., as US Administrative Agent ("Administrative Agent").
2.1.1 Organization, Standing and Power. EZBid is a corporation duly organized and validly existing under the laws of Delaware, has all requisite power and authority to own, lease, and operate its properties and to carry on its businesses as now being...Merger Agreement • May 22nd, 2000 • Systemax Inc • Retail-catalog & mail-order houses • Washington
AMENDMENT NO. 3 TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • March 17th, 2016 • Systemax Inc • Retail-catalog & mail-order houses
This Amendment No. 3 (this “Amendment”) to that certain Asset Purchase Agreement (the “Purchase Agreement”), dated November 17, 2015, by and among PCM Sales, Inc., a California corporation and successor to Intelligent IT, Inc., a Delaware corporation (“U.S. Purchaser”), Acrodex Inc., an Alberta corporation (“Canadian Purchaser” and, together with U.S. Purchaser, “Purchaser”), PCM, Inc., a Delaware corporation and the ultimate parent of Purchaser (“PCM”), Systemax Inc., a Delaware corporation (“Systemax”), and TigerDirect, Inc., a Florida corporation, TigerDirect CA, Inc., a corporation organized under the laws of Ontario, Canada, Global Gov/Ed Solutions, Inc., a Delaware corporation, Infotel Distributors Inc., a Delaware corporation, Tek Serv Inc., a Delaware corporation, Global Computer Supplies, Inc., a New York corporation, SYX Distribution Inc., a Delaware corporation, SYX Services Inc., a Delaware corporation, SYX North American Tech Holdings, LLC, a Delaware limited liability com
SECURITY AGREEMENTSecurity Agreement • November 14th, 2000 • Systemax Inc • Retail-catalog & mail-order houses • New York
SECURITY AGREEMENT (the "Agreement"), dated as of October 16, 2000 by and between SYSTEMAX INC., a Delaware corporation (the "Systemax"), and each of the direct and indirect subsidiaries of Systemax party hereto (together with Systemax, the "Grantors") and THE CHASE MANHATTAN BANK, as agent (in such capacity, the "Agent") for The Bank of New York ("BNY") and The Chase Manhattan Bank ("Chase"; and collectively with BNY, the "Banks").
FIRST AMENDMENT TO LEASELease • July 31st, 2020 • Systemax Inc • Wholesale-industrial machinery & equipment • Wisconsin
THIS FIRST AMENDMENT TO LEASE ("Amendment") is dated as of the 14th day of April 2020 by and between LAKEVIEW XII VENTURE LLC, a Delaware limited liability company ("Landlord") and GLOBAL INDUSTRIAL DISTRIBUTION INC. (as successor in interest through merger to C&H SERVICE, LLC), a Delaware corporation ("Tenant").
REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • December 28th, 2000 • Systemax Inc • Retail-catalog & mail-order houses
EXHIBIT A SCHEDULE 3.04 SCHEDULE 3.05 SCHEDULE 3.06 SCHEDULE 3.10 SCHEDULE 5.01 SCHEDULE 5.10 SCHEDULE 6.03 - - - - - - - - Form of Assignment and Acceptance Financial Statement Exceptions Subsidiaries Liens Litigation Inventory Reporting Subsidiaries Sale/Leaseback Transaction Properties Indebtedness
AMENDMENT NO. 5 TOCredit Agreement • October 15th, 2015 • Systemax Inc • Retail-catalog & mail-order houses • New York
This AMENDMENT NO. 5 dated as of October 13, 2015 (this "Amendment") is made by and among SYSTEMAX INC., a corporation organized under the laws of the State of Delaware ("SYX"), each Borrower listed on the signature pages below (together with SYX, each a "Borrower" and collectively, the "Borrowers"), each Guarantor listed on the signature pages below (the "Guarantors" and together with the Borrowers, the "Loan Parties"), the lenders party hereto, and JPMORGAN CHASE BANK, N.A., as US Administrative Agent ("Administrative Agent").
SHARE PURCHASE AGREEMENT BETWEEN SYSTEMAX NETHERLANDS BV as Seller AND BECHTLE E-COMMERCE HOLDING AG as Buyer 30 July 2018Share Purchase Agreement • August 3rd, 2018 • Systemax Inc • Retail-catalog & mail-order houses
EMPLOYMENT AGREEMENTEmployment Agreement • March 30th, 2007 • Systemax Inc • Retail-catalog & mail-order houses • New York
AGREEMENT, made as of the 17th day of January 2007, by and between Systemax Inc. (the “Company” or “Systemax”) and Lawrence P. Reinhold (the “Employee”).
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • March 17th, 2022 • GLOBAL INDUSTRIAL Co • Wholesale-industrial machinery & equipment • New York
This AMENDMENT No. 1 (this “Amendment”), entered into effective as of December 2, 2021 (the “Effective Date”), by and between Global Industrial Company ( the “Company) and ADINA STORCH (the “Employee”), to the Employment Agreement, dated as of October 5, 2021, by and between the Company and Employee (the “Agreement”). Capitalized terms used but not defined herein shall have the meanings provided in the Agreement.
JPMORGAN CHASE BANK, N.A.Credit Agreement • August 2nd, 2022 • GLOBAL INDUSTRIAL Co • Wholesale-industrial machinery & equipment • New York
Reference is made to the Third Amended and Restated Credit Agreement, dated as of October 28, 2016 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) by and among GLOBAL INDUSTRIAL COMPANY (f/k/a SYSTEMAX INC.), a corporation organized under the laws of the State of Delaware (“GIC”), each Borrower listed on the signature pages thereto (together with GIC, each a “Borrower” and collectively, the “Borrowers”), each Guarantor listed on the signature pages thereto (the “Guarantors” and together with the Borrowers, the “Loan Parties”), the Lenders party thereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent (“Administrative Agent”). Capitalized terms used and not defined in this letter amendment have the meanings given to them in the Credit Agreement.
FIRST AMENDMENT TO INDUSTRIAL NET LEASE AGREEMENTIndustrial Net Lease Agreement • May 8th, 2012 • Systemax Inc • Retail-catalog & mail-order houses
THIS FIRST AMENDMENT TO LEASE AGREEMENT (the "First Amendment"), is made this 24th day of August, 2010 involving Jefferson Mill Project I LLC, a Georgia limited liability corporation (as "Landlord") and Syx Distribution Inc. (as "Tenant").
