INTERCREDITOR AGREEMENTIntercreditor Agreement • November 24th, 2009 • Bon Ton Stores Inc • Retail-department stores • New York
INTERCREDITOR AGREEMENT (this “Intercreditor Agreement”), dated as of November 18, 2009, among (i) Bank of America, N.A. (“Bank of America”), in its capacity as administrative agent (the “Revolving Credit Agent”) for the Revolving Credit Lenders (as hereinafter defined), and (ii) Sankaty Advisors, LLC, in its capacity as administrative agent (the “Term Loan Agent”) for the Term Loan Lenders (as hereinafter defined).
THE BON-TON DEPARTMENT STORES, INC., and THE ELDER-BEERMAN STORES CORP., as Borrowers SECOND LIEN LOAN AND SECURITY AGREEMENT Dated as of November 18, 2009 EACH OF THE OTHER OBLIGORS PARTY HERETO, THE FINANCIAL INSTITUTIONS PARTY HERETO FROM TIME TO...Second Lien Loan and Security Agreement • November 24th, 2009 • Bon Ton Stores Inc • Retail-department stores • New York
THIS SECOND LIEN LOAN AND SECURITY AGREEMENT (this “Loan Agreement” or “Agreement”) is dated as of November 18, 2009, among THE BON-TON DEPARTMENT STORES, INC. (“Bon-Ton”), a Pennsylvania corporation and THE ELDER-BEERMAN STORES CORP., an Ohio corporation (“Elder-Beerman” and together with Bon-Ton, collectively, the “Borrowers”), Borrowers”), each of the other Obligors party hereto, the financial institutions party to this Loan Agreement from time to time as lenders (collectively, “Lenders”), and SANKATY ADVISORS, LLC, a Delaware limited liability company (“Sankaty”), as administrative agent for the Lenders (“Agent”), with GB MERCHANT PARTNERS, LLC, a Delaware limited liability company (“GB Merchant Partners”), as collateral agent for the Lenders (“Collateral Agent”) and GA CAPITAL, LLC, a Delaware limited liability company (“GA Capital”), as documentation agent for the Lenders (“Documentation Agent”).
AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 24th, 2009 • Bon Ton Stores Inc • Retail-department stores • New York
This AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT dated as of November 18, 2009 (this “Amendment”), by and among (i) THE BON-TON DEPARTMENT STORES, INC. (“Bon-Ton”), a Pennsylvania corporation, and THE ELDER-BEERMAN STORES CORP. (“Elder-Beerman” and together with Bon-Ton, 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 or supplemented and in effect from time to time, the “Loan Agreement”).
