Amendment No. 5 Agreement of Limited Partnership Of ServiceMaster Residential/Commercial Services Limited Partnership Dated December 4, 1990, As amended August 5, 1998Agreement of Limited Partnership • October 22nd, 2008 • ServiceMaster Consumer Services Limited Partnership • Services-management services • Delaware
This Agreement of Limited Partnership is entered into on the 4th day of December, 1990 by and between ServiceMaster Residential/Commercial Services Management Corporation, a Delaware corporation, as the general partner (the “General Partner”) and ServiceMaster Consumer Services Limited Partnership, a Delaware limited partnership, as the limited partner (the “Limited Partner”) (collectively, the “Partners”).
SUPPLEMENTAL AGREEMENTSupplemental Agreement • October 22nd, 2008 • ServiceMaster Consumer Services Limited Partnership • Services-management services • New York
SUPPLEMENTAL AGREEMENT, dated as of August 13, 2008, made by TRUGREEN COMPANIES L.L.C., a Delaware limited liability company (the “Additional Pledgor”), in favor of CITIBANK, N.A., as collateral agent and administrative agent (in such capacity, the “Collateral Agent”) for the banks and other financial institutions (the “Lenders”) from time to time parties to the Credit Agreement referred to below and the other Secured Parties (as defined below). All capitalized terms not defined herein shall have the meaning ascribed to them in the Guarantee and Collateral Agreement referred to below, or if not defined therein, in the Credit Agreement.
SUPPLEMENTAL AGREEMENTSupplemental Agreement • October 22nd, 2008 • ServiceMaster Consumer Services Limited Partnership • Services-management services • New York
SUPPLEMENTAL AGREEMENT, dated as of August 13, 2008, made by TRUGREEN LANDCARE, L.L.C., a Delaware limited liability company (the “Additional Pledgor”), in favor of CITIBANK, N.A., as collateral agent and administrative agent (in such capacity, the “Revolving Collateral Agent”) for the banks and other financial institutions (the “Lenders”) from time to time parties to the Revolving Credit Agreement referred to below and the other Secured Parties (as defined below). All capitalized terms not defined herein shall have the meaning ascribed to them in the Guarantee and Collateral Agreement referred to below, or if not defined therein, in the Revolving Credit Agreement.
Operating Agreement of MM MAIDS L.L.C. November 22, 2002Operating Agreement • October 22nd, 2008 • ServiceMaster Consumer Services Limited Partnership • Services-management services • Delaware
THIS OPERATING AGREEMENT is made and entered into as of November 22, 2002, by and between ServiceMaster Consumer Services Limited Partnership, a Delaware limited partnership (“Member Manager”) and MM MAIDS L.L.C., a Delaware limited liability company (“Company”).
Second Amended and Restated Operating AgreementOperating Agreement • October 22nd, 2008 • ServiceMaster Consumer Services Limited Partnership • Services-management services
This Second Amended and Restated Operating Agreement of TruGreen Companies L.L.C., a Delaware limited liability company, formerly known as TruGreen Holding L.L.C., (“Company”), is entered into as of December 26, 2001 and made effective as of the Effective Date by and among the Company, ServiceMaster Consumer Services Limited Partnership, a Delaware limited partnership (“SMCS”) which has executed a “Class A Shareholder Signature Page”, and each Person executing a “Class B Nonparticipating Shareholder Signature Page” as a Class B Nonparticipating Shareholder or a “Class B Participating Shareholder Signature Page” as a Class B Participating Shareholder.
SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIPLimited Partnership Agreement • October 22nd, 2008 • ServiceMaster Consumer Services Limited Partnership • Services-management services • Delaware
This SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP is entered into as of January 1, 2001 by and among Terminix International, Inc, a Delaware corporation, as the General Partner, ServiceMaster Consumer Services, L.P., a Delaware limited partnership, as the Class A Limited Partner, and Allied Bruce-Terminix Companies, Inc., an Arkansas corporation, as the Class B Limited Partner.
ContractSupplemental Indenture • October 22nd, 2008 • ServiceMaster Consumer Services Limited Partnership • Services-management services • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of August 13, 2008 (this “Supplemental Indenture”), among TruGreen LandCare, a California general partnership (the “Subsidiary Guarantor”), and The ServiceMaster Company, a corporation duly organized and existing under the laws of the State of Delaware (and its successors and assigns, the “Company”), and each other existing Subsidiary Guarantor under the Indenture referred to below (the “Existing Guarantors”), and Wilmington Trust FSB, as Trustee under the Indenture referred to below.
Amendment No. 5 Agreement of Limited Partnership Of Merry Maids Limited Partnership Dated June 17, 1988, As amended August 5, 1998Agreement of Limited Partnership • October 22nd, 2008 • ServiceMaster Consumer Services Limited Partnership • Services-management services • Delaware
THIS AMENDMENT is made on December 31, 2002, by and between ServiceMaster Consumer Services Limited Partnership, a Delaware limited partnership (“Consumer Services LP”) and MM Maids L.L.C., a Delaware limited liability company (“MM Maids”).
Amendment No. 3 Agreement of Limited Partnership Of TruGreen Limited Partnership Dated October 31, 1990, As amended May 20, 1992Agreement of Limited Partnership • October 22nd, 2008 • ServiceMaster Consumer Services Limited Partnership • Services-management services • Delaware
This Agreement of Limited Partnership is entered into on the twentieth day of May, 1992, by and among TruGreen, Inc., a Delaware corporation, as the general partner (the “General Partner”), the persons executing the “Class A Limited Partners Signature Page” as the Class A Limited Partners (the “Class A Limited Partners”), and ServiceMaster Consumer Services Limited Partnership, a Delaware limited partnership, as the Class B Limited Partner (the “Class B Limited Partner”) (collectively, the “Partners”).
PARTNERSHIP AGREEMENT OF TRUGREEN LANDCARE a California general partnership SEPTEMBER 1, 1999Partnership Agreement • October 22nd, 2008 • ServiceMaster Consumer Services Limited Partnership • Services-management services • California
This Partnership Agreement is entered into on September 1, 1999, by and between the Persons executing the “Schedule A Partner Signature Page” as general partners (all partners collectively referred to as “Partners”).
Agreement of Merger And Amendment No. 4 of Agreement of Limited Partnership of ServiceMaster Consumer Services Limited PartnershipAgreement of Merger and Amendment No. 4 of Agreement of Limited Partnership • October 22nd, 2008 • ServiceMaster Consumer Services Limited Partnership • Services-management services • Delaware
This Second Amended and Restated Agreement of Limited Partnership is entered into on June 30, 1992 (herein called the June 1992 Amendment Date”) by ServiceMaster Consumer Services Limited Partnership, a Delaware limited partnership (the “Partnership”); ServiceMaster Consumer Services, Inc. (formerly named ServiceMaster Consumer Services Management Corporation), a Delaware corporation (the “Management Corporation”), as the General Partner; The ServiceMaster Company Limited Partnership, a Delaware limited partnership (“ServiceMaster”), as the Special General Partner and as a Limited Partner; and WMI Urban Services, Inc. (“WMUS”), as a Limited Partner. ServiceMaster Limited Partnership, a Delaware limited partnership, and ServiceMaster Incorporated, a Delaware corporation, have executed this Agreement for the purposes set forth on the page on which their signatures appear.
FIRST AMENDED AND RESTATED OPERATING AGREEMENT OF TRUGREEN LANDCARE L.L.C.Operating Agreement • October 22nd, 2008 • ServiceMaster Consumer Services Limited Partnership • Services-management services • Delaware
This First Amended and Restated Operating Agreement (this “Agreement”) of TruGreen LandCare L.L.C. (the “Company”) is entered into as of the 1st day of August, 2007, by and between the Company and TruGreen Companies L.L.C. (“Member or Member-Manager”).
ASSUMPTION AGREEMENTAssumption Agreement • October 22nd, 2008 • ServiceMaster Consumer Services Limited Partnership • Services-management services • New York
ASSUMPTION AGREEMENT, dated as of August 13, 2008, made by TRUGREEN LANDCARE, a California general partnership (the “Additional Granting Party”), in favor of CITIBANK, N.A.., as administrative agent and collateral agent (in such capacity, the “Collateral Agent”) for the banks and other financial institutions (the “Lenders”) from time to time parties to the Credit Agreement referred to below and the other Secured Parties (as defined below). All capitalized terms not defined herein shall have the meaning ascribed to them in such the Guarantee and Collateral Agreement referred to below, or if not defined therein, in the Credit Agreement.
ASSUMPTION AGREEMENTAssumption Agreement • October 22nd, 2008 • ServiceMaster Consumer Services Limited Partnership • Services-management services • New York
ASSUMPTION AGREEMENT, dated as of August 13, 2008, made by TRUGREEN LANDCARE, a California general partnership (the “Additional Granting Party”), in favor of CITIBANK, N.A.., as administrative agent and collateral agent (in such capacity, the “Revolving Collateral Agent”) for the banks and other financial institutions (the “Lenders”) from time to time parties to the Revolving Credit Agreement referred to below and the other Secured Parties (as defined below). All capitalized terms not defined herein shall have the meaning ascribed to them in such the Guarantee and Collateral Agreement referred to below, or if not defined therein, in the Revolving Credit Agreement.
