ENVIRONMENTAL INDEMNITY AGREEMENT (MEZZANINE LOAN)Environmental Indemnity Agreement • November 4th, 2016 • Toys R Us Inc • Retail-hobby, toy & game shops • New York
Contract Type FiledNovember 4th, 2016 Company Industry JurisdictionThis ENVIRONMENTAL INDEMNITY AGREEMENT (MEZZANINE LOAN) (this “Agreement”) is made as of November 3, 2016, by TOYS “R” US, INC., a Delaware corporation (together with its successors and assigns, “Sponsor”) and GIRAFFE JUNIOR HOLDINGS, LLC, a Delaware limited liability company (together with its successors and assigns, “Borrower”, and, collectively with Sponsor, jointly and severally, the “Indemnitor”) in favor of BRIGADE LEVERAGED CAPITAL STRUCTURES FUND LTD., BRIGADE CREDIT FUND II LTD., BRIGADE STRUCTURED CREDIT FUND LTD., LOS ANGELES COUNTY EMPLOYEES RETIREMENT ASSOCIATION, BRIGADE DISTRESSED VALUE MASTER FUND LTD., THE COCA-COLA COMPANY MASTER RETIREMENT TRUST, FEDEX CORPORATION EMPLOYEES’ PENSION TRUST, DELTA MASTER TRUST, BRIGADE OPPORTUNISTIC CREDIT FUND—ICIP, LTD. and BRIGADE OPPORTUNISTIC CREDIT FUND 16 LLC (together with each of their respective successors and permitted assigns, collectively, “Lender”) and the other Indemnified Parties (as defined below).
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • November 4th, 2016 • Toys R Us Inc • Retail-hobby, toy & game shops • New York
Contract Type FiledNovember 4th, 2016 Company Industry JurisdictionThis ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”) is made as of November 3, 2016, by TOYS “R” US, INC., a Delaware corporation (together with its successors and assigns, “Sponsor”) and TOYS “R” US PROPERTY COMPANY II, LLC, a Delaware limited liability company (together with its successors and assigns, “Borrower”, and, collectively with Sponsor, jointly and severally, the “Indemnitor”) in favor of GOLDMAN SACHS MORTGAGE COMPANY, a New York limited partnership (“GS”) and BANK OF AMERICA, N.A., a national banking association (“BOA”; together with GS and each of their respective successors and permitted assigns, collectively, “Lender”) and the other Indemnified Parties (as defined below).