FINANCING AGREEMENT by and among THE CIT GROUP/BUSINESS CREDIT, INC. (as Agent and Lender) and WELLS FARGO FOOTHILL, LLC (as Documentation Agent) and BANK OF AMERICA, N.A. (as a Co-Syndication Agent) and FLEET RETAIL FINANCE INC. (as a Co-Syndication...Financing Agreement • August 13th, 2003 • Gart Sports Co • Retail-miscellaneous shopping goods stores • California
WHEREAS, Parent, Gold Acquisition and TSA (as such terms and other initially capitalized terms are used herein defined in Section 1below) are parties to that certain Agreement and Plan of Merger, dated as of February 19, 2003 (the "Merger Agreement"), pursuant to which (i) Gold Acquisition will merge with and into TSA, with TSA as the surviving corporation, pursuant to a Certificate of Merger and upon the terms and conditions set forth in the Merger Agreement (the "Merger"), (ii) at the Effective Time, Parent will amend its Certificate of Incorporation to, inter alia, change its corporate name to "The Sports Authority, Inc.", and (iii) at the Effective Time, TSA will amend its Certificate of Incorporation to, inter alia, change its corporate name to "TSA Stores, Inc."; and
