CREDIT AGREEMENT Dated as of April 6, 2012 among THE CONTAINER STORE, INC., as Borrower, THE GUARANTORS PARTY HERETO JPMORGAN CHASE BANK, N.A., as Administrative Agent and Collateral Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Syndication Agent,...Credit Agreement • September 30th, 2013 • Container Store Group, Inc. • Retail-home furniture, furnishings & equipment stores • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of April 6, 2012, among THE CONTAINER STORE, INC., a Texas corporation (the “Borrower”), the Guarantors party hereto, each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), JPMORGAN CHASE BANK, N.A. (“JPMCB”), as Administrative Agent and Collateral Agent, J.P. MORGAN SECURITIES LLC and WELLS FARGO CAPITAL FINANCE, LLC, as Joint Lead Arrangers, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Syndication Agent.
INDEMNIFICATION AGREEMENTIndemnification Agreement • September 30th, 2013 • Container Store Group, Inc. • Retail-home furniture, furnishings & equipment stores • Delaware
This Indemnification Agreement (“Agreement”) is made as of [ · ], 2013 by and between The Container Store Group, Inc., a Delaware corporation (the “Company”), and [ · ] (“Indemnitee”).
SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • September 30th, 2013 • Container Store Group, Inc. • Retail-home furniture, furnishings & equipment stores • New York
This Second Amended and Restated Employment Agreement (the “Agreement”) is entered into on September 13, 2013, and effective as of August 15, 2012 (the “Effective Date”), by and between Melissa Reiff (the “Executive”) and The Container Store Group, Inc., a Delaware corporation (“Parent”), and any of its subsidiaries and affiliates as may employ the Executive from time to time (collectively, and together with any successor thereto, the “Company”).
INTERCREDITOR AGREEMENT by and between JPMORGAN CHASE BANK, N.A. as ABL Agent, and JPMORGAN CHASE BANK, N.A. as Term Agent Dated as of April 6, 2012Intercreditor Agreement • September 30th, 2013 • Container Store Group, Inc. • Retail-home furniture, furnishings & equipment stores • New York
THIS INTERCREDITOR AGREEMENT (as amended, supplemented, restated or otherwise modified from time to time pursuant to the terms hereof, this “Agreement”) is entered into as of April 6, 2012 between JPMORGAN CHASE BANK, N.A., in its capacities as administrative agent and collateral agent (together with its successors and assigns in such capacities, the “ABL Agent”) for the financial institutions party from time to time to the ABL Credit Agreement referred to below (such financial institutions, together with their successors, assigns and transferees, the “ABL Credit Agreement Lenders” and, together with affiliates thereof and certain other specified hedging parties, in their capacities as ABL Bank Products Affiliates or ABL Hedging Affiliates (in each case, as hereinafter defined), the “ABL Lenders”) and JPMORGAN CHASE BANK, N.A., in its capacities as administrative agent and collateral agent (together with its successors and assigns in such capacities, the “Term Agent”) for the financial
AMENDMENT No. 1, dated as of April 8, 2013 (this “Amendment”), to the Credit Agreement dated as of April 6, 2012, among THE CONTAINER STORE, INC., a Texas corporation (the “Borrower”), the Guarantors party thereto, the several banks and other...Credit Agreement • September 30th, 2013 • Container Store Group, Inc. • Retail-home furniture, furnishings & equipment stores • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of April 6, 2012,2012 (and amended by Amendment No. 1 on April 8, 2013), among THE CONTAINER STORE, INC., a Texas corporation (the “Borrower”), the Guarantors party hereto, each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”) and JPMORGAN CHASE BANK, N.A. (“JPMCB”), as Administrative Agent and Collateral Agent.
SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • September 30th, 2013 • Container Store Group, Inc. • Retail-home furniture, furnishings & equipment stores • New York
This Second Amended and Restated Employment Agreement (the “Agreement”) is entered into on September 13, 2013, and effective as of August 15, 2012 (the “Effective Date”), by and between Kip Tindell (the “Executive”) and The Container Store Group, Inc., a Delaware corporation (“Parent”), and any of its subsidiaries and affiliates as may employ the Executive from time to time (collectively, and together with any successor thereto, the “Company”).
SEK 312,500,000 REVOLVING CREDIT AND TERM LOAN FACILITY AGREEMENT between ELFA INTERNATIONAL AB as Borrower and TJUSTBYGDENS SPARBANK AB as Bank dated April 27th, 2009Revolving Credit and Term Loan Facility Agreement • September 30th, 2013 • Container Store Group, Inc. • Retail-home furniture, furnishings & equipment stores • Stockholm
Tjustbygdens Sparbank AB, org no. 516401-0224, hereinafter referred to as the “Bank”, and Elfa International AB, org no. 556516-2012, hereinafter referred to as the “Borrower”, have this day due to the executed down-stream merger between the Borrower (surviving entity) and Elfa Group AB, org no. 556568-8875, agreed to replace the Loan Agreement dated August 13th 2007. Thus the Bank and the Borrower have this day entered into the following
STOCKHOLDERS AGREEMENTStockholders Agreement • September 30th, 2013 • Container Store Group, Inc. • Retail-home furniture, furnishings & equipment stores • New York
Stockholders Agreement (this “Agreement”), dated as of August 16, 2007, by and among TCS Holdings, Inc. (the “Company”), Green Equity Investors V, L.P., a Delaware limited partnership (“GEI”), Green Equity Investors Side V, L.P., a Delaware limited partnership (“GEI Side”), TCS Co-Invest, LLC, a Delaware limited liability company (“LLC”, and together with GEI, GEI Side and any transferee controlled directly or indirectly by Leonard Green & Partners, L.P. or any of its Affiliates, each, a “GEI Party” and together, the “GEI Parties”), the persons set forth on Schedule A attached hereto (the “Select Roll-Over Investors”), any employees of the Company and/or any subsidiary of the Company (each, an “Employee Holder” and together, the “Employee Holders”) who have purchased on the date hereof or have been or shall be granted options to acquire shares of the common stock of the Company, par value $0.01 per share (“Common Stock”) and shall become party hereto by the execution of this Agreement
NON-QUALIFIED STOCK OPTION AGREEMENT OF TCS HOLDINGS, INC.Non-Qualified Stock Option Agreement • September 30th, 2013 • Container Store Group, Inc. • Retail-home furniture, furnishings & equipment stores • Delaware
THIS AGREEMENT (the “Agreement”) is entered into as of [ ], 2012 (the “Grant Date”) by and between TCS Holdings, Inc., a Delaware corporation (the “Company”) and [ ], an employee of the Company or one of its Affiliates (hereinafter referred to as the “Optionee”).
OFFICE, WAREHOUSE AND DISTRIBUTION CENTER LEASE AGREEMENTLease Agreement • September 30th, 2013 • Container Store Group, Inc. • Retail-home furniture, furnishings & equipment stores • Texas
THIS OFFICE, WAREHOUSE AND DISTRIBUTION CENTER LEASE AGREEMENT (this “Lease”) is executed this 8th day of October, 2002, by and between TEXAS DUGAN LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”), and THE CONTAINER STORE, INC., a Texas corporation (“Tenant”).
TERM FACILITY PLEDGE AGREEMENTTerm Facility Pledge Agreement • September 30th, 2013 • Container Store Group, Inc. • Retail-home furniture, furnishings & equipment stores • New York
WHEREAS, reference is made to that certain Credit Agreement (the “Credit Agreement”), dated as of April 6th, 2012 (as amended, modified, supplemented or restated and in effect from time to time, the “Credit Agreement”), by and among, among others, (i) the Borrower, (ii) the Guarantors (iii) JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the “Administrative Agent”) for its own benefit and the benefit of the other Credit Parties, (iv) the Collateral Agent for its own benefit and the benefit of the other Credit Parties and (v) the lenders from time to time party thereto (individually, a “Lender” and, collectively, the “Lenders”), among others; and
ABL FACILITY PLEDGE AGREEMENTAbl Facility Pledge Agreement • September 30th, 2013 • Container Store Group, Inc. • Retail-home furniture, furnishings & equipment stores • New York
WHEREAS, reference is made to that certain Credit Agreement (the “Credit Agreement”), dated as of April 6, 2012 (as amended, modified, supplemented or restated and in effect from time to time, the “Credit Agreement”), by and among, among others, (i) the Borrower, (ii) the Guarantors (iii) JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the “Administrative Agent”) for its own benefit and the benefit of the other Credit Parties, (iv) the Collateral Agent for its own benefit and the benefit of the other Credit Parties and (v) the lenders from time to time party thereto (individually, a “Lender” and, collectively, the “Lenders”), among others; and
ContractCredit Agreement • September 30th, 2013 • Container Store Group, Inc. • Retail-home furniture, furnishings & equipment stores • New York
AMENDMENT No. 1, dated as of April 8, 2013 (this “Amendment”), to the Credit Agreement dated as of April 6, 2012, among THE CONTAINER STORE, INC., a Texas corporation (the “Borrower”), the Guarantors party thereto, the several banks and other financial institutions or entities from time to time parties to the Credit Agreement (the “Lenders”), JPMORGAN CHASE BANK, N.A., as Administrative Agent (the “Administrative Agent”) and Collateral Agent, and the other parties thereto (as amended, restated, modified and supplemented from time to time, the “Credit Agreement”); capitalized terms used and not otherwise defined herein shall have the meanings assigned to such terms in the Credit Agreement, as amended hereby.
INDEMNIFICATION AND HOLD HARMLESS AGREEMENTIndemnification and Hold Harmless Agreement • September 30th, 2013 • Container Store Group, Inc. • Retail-home furniture, furnishings & equipment stores • Delaware
THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT (this “Agreement”) is made as of June 13, 2012, by and between TCS Holdings, Inc., a Delaware corporation (the “Company”), and William A. Tindell III (“Tindell”).
