AMENDED AND RESTATED INTERCREDITOR AND COLLATERAL AGENCY AGREEMENTIntercreditor and Collateral Agency Agreement • April 13th, 2022 • Winmark Corp • Retail-miscellaneous retail • Minnesota
This Amended and Restated Intercreditor and Collateral Agency Agreement (this “Agreement”), dated as of this 12th day of April 2022, is by and among CIBC Bank USA (“CIBC”), The Prudential Insurance Company of America (“Prudential”), Pruco Life Insurance Company (“Pruco”), PAR U Hartford Life Insurance Comfort Trust (“PAR”), Prudential Annuities Life Assurance Corporation (“PALA”), The Prudential Life Insurance Company, Ltd. (“PLIC”), PGIM, Inc. (“PGIM”), CIBC, in its capacity as Bank Agent, CIBC, in its capacity as Collateral Agent, and the additional Senior Lenders that may from time to time become party hereto in accordance with the terms hereof. All terms used herein which are defined in Section 1 hereof or in the text of any other Section hereof shall have the meanings given therein.
OMNIBUS AMENDMENT TO COLLATERAL DOCUMENTSOmnibus Amendment to Collateral Documents • April 13th, 2022 • Winmark Corp • Retail-miscellaneous retail • Minnesota
THIS OMNIBUS AMENDMENT TO COLLATERAL DOCUMENTS (this “Amendment”) is entered into as of this 12th day of April 2022 by and among CIBC Bank USA (formerly known as the PrivateBank and Trust Company), in its capacity as collateral agent (the “Collateral Agent”) for the Senior Lenders (as defined in the Intercreditor Agreement defined below, the “Senior Lenders”), Winmark Corporation, a Minnesota corporation (“Winmark”), Wirth Business Credit, Inc., a Minnesota corporation (“Wirth”), Winmark Capital Corporation, a Minnesota corporation ( “Winmark Capital”), and Grow Biz Games, Inc., a Minnesota corporation (“Grow Biz”).
April 12, 2022Note Agreement • April 13th, 2022 • Winmark Corp • Retail-miscellaneous retail • Illinois
WINMARK CORPORATION WIRTH BUSINESS CREDIT, INC. WINMARK CAPITAL CORPORATION GROW BIZ GAMES, INC. Private Shelf Facility PRIVATE SHELF AGREEMENTPrivate Shelf Agreement • April 13th, 2022 • Winmark Corp • Retail-miscellaneous retail • Illinois
PGIM, Inc. (“Prudential”) Each Prudential Affiliate (as hereinafter defined) which becomes bound by certain provisions of this Agreement as hereinafter provided (collectively, the “Purchasers”)
AMENDMENT NO. 10 to CREDIT AGREEMENTCredit Agreement • April 13th, 2022 • Winmark Corp • Retail-miscellaneous retail • Minnesota
THIS AMENDMENT NO. 10 TO CREDIT AGREEMENT (this “Amendment”) is dated as of April 12, 2022 by and among WINMARK CORPORATION, WIRTH BUSINESS CREDIT, INC., WINMARK CAPITAL CORPORATION, and GROW BIZ GAMES, INC. (each of the foregoing are referred to herein individually as a “Loan Party” and collectively as the “Loan Parties”), and CIBC BANK USA (the “Administrative Agent” and a “Lender”).
