Common Contracts

THIS FIRST AMENDING AGREEMENT made as of the ___ day of August, 2012

First Amending Agreement • March 25th, 2013 • Sears Canada Inc. • Retail-department stores • Ontario

• Contract Type
  First Amending Agreement
• Filed
  March 25th, 2013
• Company
  Sears Canada Inc.
• Industry
  Retail-department stores
• Jurisdiction
  Ontario

WHEREAS Sears Canada Inc., as borrower (the “Borrower”), the banks, financial institutions and other institutional lenders listed on the signature pages hereto (the “Lenders”), the L/C Issuing Bank party hereto, Wells Fargo Capital Finance Corporation Canada, as administrative agent (the “Agent”), co-collateral agent and Swingline Lender, GE Canada Finance Holding Company, as co-collateral agent, CIBC Asset-Based Lending Inc. and Bank of Montreal, as co-syndication agents, GE Canada Finance Holding Company, as documentation agent, and Wells Fargo Capital Finance Corporation Canada, GE Capital Markets (Canada) Limited, GE Capital Markets, Inc., CIBC Asset-Based lending Inc. and BMO Capital Markets, as joint lead arrangers and bookrunners, entered into that certain credit agreement dated as of September 10, 2010 (the “Credit Agreement”) pursuant to which certain credit facilities were established in favour of the Borrower;

SEARS CANADA INC., as Borrower and THE LENDERS NAMED HEREIN and THE L/C ISSUING BANK NAMED HEREIN and WELLS FARGO CAPITAL FINANCE CORPORATION CANADA as Administrative Agent, Co-Collateral Agent and Swingline Lender and GE CANADA FINANCE HOLDING...

First Amending Agreement • March 15th, 2013 • Sears Canada Inc. • Retail-department stores • Ontario

• Contract Type
  First Amending Agreement
• Filed
  March 15th, 2013
• Company
  Sears Canada Inc.
• Industry
  Retail-department stores
• Jurisdiction
  Ontario

WHEREAS Sears Canada Inc., as borrower (the “Borrower”), the banks, financial institutions and other institutional lenders listed on the signature pages hereto (the “Lenders”), the L/C Issuing Bank party hereto, Wells Fargo Capital Finance Corporation Canada, as administrative agent (the “Agent”), co-collateral agent and Swingline Lender, GE Canada Finance Holding Company, as co-collateral agent, CIBC Asset-Based Lending Inc. and Bank of Montreal, as co-syndication agents, GE Canada Finance Holding Company, as documentation agent, and Wells Fargo Capital Finance Corporation Canada, GE Capital Markets (Canada) Limited, GE Capital Markets, Inc., CIBC Asset-Based lending Inc. and BMO Capital Markets, as joint lead arrangers and bookrunners, entered into that certain credit agreement dated as of September 10, 2010 (the “Credit Agreement”) pursuant to which certain credit facilities were established in favour of the Borrower;