RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • October 17th, 2013 • Pool Corp • Wholesale-misc durable goods • New York
Unless defined elsewhere herein, capitalized terms used in this Agreement shall have the meanings assigned to such terms in Exhibit I.
RECEIVABLES SALE AND CONTRIBUTION AGREEMENT DATED AS OF OCTOBER 11, 2013 BETWEEN SCP DISTRIBUTORS LLC, HORIZON DISTRIBUTORS, INC., SUPERIOR POOL PRODUCTS LLC and Poolfx Supply LLC, as Originators, AND SUPERIOR COMMERCE LLC, as BuyerReceivables Sale and Contribution Agreement • October 17th, 2013 • Pool Corp • Wholesale-misc durable goods • New York
THIS RECEIVABLES SALE AND CONTRIBUTION AGREEMENT (U.S.) (as the same may be amended, modified, supplemented, amended and restated or otherwise modified from time to time, this “Agreement”), dated as of October 11, 2013 (the “Closing Date”), is by and between (a) SCP Distributors LLC, a Delaware limited liability company (“SCP Distributors”), Horizon Distributors, Inc., a Delaware corporation, Superior Pool Products LLC, a Delaware limited liability company, and Poolfx Supply LLC, a Delaware limited liability company (each of the foregoing, together with its successors, an “Originator” and collectively, the “Originators”), and (b) Superior Commerce LLC, a Delaware limited liability company (the “Buyer” or the “SPE”). Unless defined elsewhere herein, capitalized terms used in this Agreement shall have the meanings assigned to such terms in Exhibit I hereto or, if not defined in Exhibit I hereto, the meanings assigned to such terms in the RPA (as hereinafter defined), as applicable.
PERFORMANCE UNDERTAKINGPerformance Undertaking • October 17th, 2013 • Pool Corp • Wholesale-misc durable goods • New York
THIS PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of October 11, 2013, is executed by Pool Corporation, a Delaware corporation (together with its successors and permitted assigns, the “Performance Guarantor”), in favor of Superior Commerce LLC, a Delaware limited liability company (together with its successors and assigns, “Recipient”).
