AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 16th, 2008 • Bon Ton Stores Inc • Retail-department stores • New York
This AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT dated as of November 20, 2007 (this “Amendment”), by and among (i) THE BON-TON DEPARTMENT STORES, INC. (“Bon-Ton”), a Pennsylvania corporation, HERBERGER’S DEPARTMENT STORES, LLC, (“Herberger’s”), a Minnesota limited liability company, CARSON PIRIE SCOTT, LLC (“CPS”), an Alabama limited liability company, and THE ELDER-BEERMAN STORES CORP. (“Elder-Beerman” and together with Bon-Ton, Herberger’s and CPS, collectively, the “Borrowers”), an Ohio corporation, (ii) BANK OF AMERICA, N.A. (“Bank of America”), (iii) the financial institutions party from time to time party to the Loan Agreement (as defined below) (together with Bank of America, the “Lenders”), and (iv) BANK OF AMERICA, as agent for the Lenders (“Agent”), amends certain provisions of the Loan and Security Agreement, dated as of March 6, 2006 among the Borrowers, the Lenders and the Agent (as amended and in effect from time to time, the “Loan Agreement”).
