CREDIT AGREEMENT dated as of January 18, 2007, as amended and restated as of February 16, 2007 among MATTRESS HOLDING CORP., as Borrower, MATTRESS HOLDCO, INC. and THE OTHER GUARANTORS PARTY HERETO, as Guarantors, THE LENDERS PARTY HERETO and UBS...Credit Agreement • July 8th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores • New York
This CREDIT AGREEMENT (this “Agreement”) dated as of January 18, 2007, as amended and restated as of February 16, 2007, among MATTRESS HOLDING CORP., a Delaware corporation., as borrower (the “Borrower”), MATTRESS HOLDCO, INC., a Delaware corporation (“Holdings”), the Subsidiary Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), the Lenders, UBS SECURITIES LLC, as sole arranger and sole bookrunner (in such capacity, “Arranger”) and as syndication agent (in such capacity, “Syndication Agent”), UBS LOAN FINANCE LLC, as swingline lender (in such capacity, “Swingline Lender”), AMEGY BANK NATIONAL ASSOCIATION, as documentation agent (in such capacity, “Documentation Agent”), and UBS AG, STAMFORD BRANCH, as issuing bank (in such capacity, “Issuing Bank”), as administrative agent (in such capacity, “Administrative Agent”) for the Lenders and as collateral agent (in such capacity, “Collateral Agent”) for the Secured P
AMENDED AND RESTATED LOAN AGREEMENT dated as of March 20, 2009 among MATTRESS INTERMEDIATE HOLDINGS, INC., as Borrower, THE LENDERS PARTY HERETO and TCW/CRESCENT MEZZANINE PARTNERS IV, L.P., as Administrative AgentLoan Agreement • July 8th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores • New York
This AMENDED AND RESTATED LOAN AGREEMENT (this “Agreement”) dated as of March 20, 2009, among MATTRESS INTERMEDIATE HOLDINGS, INC., a Delaware corporation, as borrower (“Borrower”), the Lenders (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), and TCW/CRESCENT MEZZANINE PARTNERS IV, L.P., a Delaware limited partnership (“TCW IV”), as administrative agent for the Lenders (in such capacity, “Administrative Agent”).
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • July 8th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores
Amendment No. 1, dated as of June 28, 2011 (this “Amendment”) to the Credit Agreement, dated as of January 18, 2007, as amended and restated as of February 16, 2007 and amended by the Term Loan Increase Joinder dated October 24, 2007, among Mattress Holding Corp., a Delaware corporation (the “Borrower”), Mattress Holdco, Inc., a Delaware corporation (“Holdings”), the lenders party thereto, the subsidiary guarantors party thereto, UBS Securities LLC, as sole arranger and sole bookrunner and as syndication agent and UBS AG, Stamford Branch, as issuing bank, administrative agent and collateral agent (the “Credit Agreement”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement.
SIMMONS DEALER INCENTIVE AGREEMENTSimmons Dealer Incentive Agreement • July 8th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores • Georgia
This Simmons Dealer Incentive Agreement (the “Agreement”) is made between Simmons Bedding Company, on behalf of itself and as Agent for The Simmons Manufacturing Co., LLC (collectively, “Simmons”) and Mattress Firm, Inc. d/b/a Mattress Firm (“Dealer”) and is effective as of June 1, 2010 (the “Effective Date”).
Confidential information redacted and filed separately with the Commission. Omitted portions are indicated by [*] PRODUCT SUPPLY AGREEMENTProduct Supply Agreement • July 8th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores
This Supply Agreement (this “Agreement”) is entered into with the intent that it commence and become effective as of January 1, 2009 (the “Commencement Date”), between Sealy Mattress Company (“Sealy”), an Ohio corporation with offices at One Office Parkway Trinity, North Carolina 27370, and Mattress Firm, Inc., a Delaware corporation (formerly known as MMA Company, Inc.) (“Retailer”) with offices at 5815 Gulf Freeway Houston, Texas 77023.
Confidential information redacted and filed separately with the Commission. Omitted portions are indicated by [*] FIRST AMENDMENT TO PRODUCT SUPPLY AGREEMENTProduct Supply Agreement • July 8th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores
This is the first amendment to the Sealy Supply Agreement (the “Sealy Supply Agreement”) and is entered into with the intent that it become effective as of May 1, 2009 (the “Effective Date”), between Sealy Mattress Company (“Sealy”), an Ohio corporation with offices at One Office Parkway Trinity, North Carolina 27370, and Mattress Firm, Inc., a Delaware corporation (formerly known as MMA Company, Inc.) (“Retailer”) with offices at 5815 Gulf Freeway Houston, Texas 77023 (this docuent hereinafter will be referred to as “Amendment” or “First Amendment”).
Amended and Restated Retailer Agreement July 7, 2011 Tempur-Pedic North America, LLC Marketing DepartmentRetailer Agreement • July 8th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores • Delaware
By the signatures of their duly-authorized officers below, the retailer identified below and Tempur-Pedic North America, LLC agree to all terms and conditions contained in this Amended and Restated Retailer Agreement (this “Agreement”), and the Advertising, Website and Digital Marketing Requirements and the Tempur-Pedic Brandmark Manual. This Agreement amends and restates, and supersedes, the Retailer Agreement dated May 1, 2010 between the parties.
S&F PRODUCT SUPPLY AGREEMENTSupply Agreement • July 8th, 2011 • Mattress Firm Holding Corp. • Retail-furniture stores
This Supply Agreement (this “Agreement”) is entered into with the intent that it commence and become effective as of April 1, 2009 (the “Commencement Date”), between Sealy Mattress Company (“Sealy”), an Ohio corporation with offices at One Office Parkway Trinity, North Carolina 27370, and Mattress Firm, Inc., (“Retailer”) with offices at 5815 Gulf Freeway Houston, Texas 77023.
