SECURITY AGREEMENT by FLOOR AND DECOR OUTLETS OF AMERICA, INC., as Lead Borrower and THE OTHER BORROWERS AND GUARANTORS PARTY HERETO FROM TIME TO TIME and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Collateral Agent Dated as of May 1, 2013Security Agreement • November 7th, 2014 • FDO Holdings, Inc. • Retail-lumber & other building materials dealers • New York
SECURITY AGREEMENT dated as of May 1, 2013 (as amended, restated, supplemented or otherwise modified from time to time in accordance with the provisions hereof, this “Security Agreement”) among (i) FLOOR AND DECOR OUTLETS OF AMERICA, INC., a Delaware corporation having an office at 2233 Lake Park Drive, Suite 400, Smyrna, Georgia 30080, as lead borrower for itself and the other Borrowers (the “Lead Borrower”), (ii) THE OTHER BORROWERS LISTED ON THE SIGNATURE PAGES HERETO (together with the Lead Borrower, the “Original Borrowers”) OR FROM TIME TO TIME PARTY HERETO BY EXECUTION OF A JOINDER AGREEMENT (together with the Original Borrowers, the “Borrowers”), (iii) THE GUARANTORS LISTED ON THE SIGNATURE PAGES HERETO (the “Original Guarantors”) AND THE OTHER GUARANTORS FROM TIME TO TIME PARTY HERETO BY EXECUTION OF A JOINDER AGREEMENT (together with the Original Guarantor, the “Guarantors”), as pledgors, assignors and debtors (the Borrowers, together with the Guarantors, in such capacities a
CREDIT AGREEMENT Dated as of May 1, 2013 among FLOOR AND DECOR OUTLETS OF AMERICA, INC., as the Lead Borrower, the other Borrowers Named Herein, the Guarantors Named Herein, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Collateral...Credit Agreement • November 7th, 2014 • FDO Holdings, Inc. • Retail-lumber & other building materials dealers • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of May 1, 2013, among FLOOR AND DECOR OUTLETS OF AMERICA, INC., a Delaware corporation (the “Lead Borrower”), the Persons named on Schedule 1.01 hereto (as such schedule may be updated from time to time), jointly and severally (collectively with the Lead Borrower, the “Borrowers”), FDO ACQUISITION CORP., a Delaware corporation (“Borrower Holdco”), and each of the other Persons named on Schedule 1.02 hereto jointly and severally (collectively with Borrower Holdco, the “Guarantors”), each lender from time to time party hereto (collectively, the “Lenders” and each individually, a “Lender”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Collateral Agent, and Swing Line Lender, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Term Loan Agent.
INDEMNIFICATION AGREEMENTIndemnification Agreement • November 7th, 2014 • FDO Holdings, Inc. • Retail-lumber & other building materials dealers • Delaware
This INDEMNIFICATION AGREEMENT (this “Agreement”) is effective [·], by and among Floor & Decor Holdings, Inc., a Delaware corporation (the “Company”), [·] (“Indemnitee”) and, with respect to its guarantee set forth on the signature pages hereto only, Floor and Decor Outlets of America, Inc., a Delaware corporation and wholly owned subsidiary of the Company (“F&D”).
CONSULTING AGREEMENTConsulting Agreement • November 7th, 2014 • FDO Holdings, Inc. • Retail-lumber & other building materials dealers • Delaware
This CONSULTING AGREEMENT (the “Agreement”), dated as of December 3, 2012, (the “Effective Date”) is entered into by and between Floor and Decor Outlets of America, Inc., a Delaware corporation (the “Operating Company”), FDO Holdings, Inc., a Delaware corporation (“Holdings” and, together with the Operating Company, the “Company”), and George Vincent West, the undersigned individual (“Consultant”).
CREDIT AGREEMENT Dated as of May 1, 2013 among FLOOR AND DECOR OUTLETS OF AMERICA, INC., as Borrower, THE OTHER LOAN PARTIES FROM TIME TO TIME PARTY HERETO, as Guarantors, THE LENDERS PARTY HERETO FROM TIME TO TIME, as Lenders, and GCI CAPITAL MARKETS...Credit Agreement • November 7th, 2014 • FDO Holdings, Inc. • Retail-lumber & other building materials dealers • New York
This CREDIT AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of May 1, 2013, among FLOOR AND DECOR OUTLETS OF AMERICA, INC., a Delaware corporation (the “Borrower”), the other Loan Parties (as hereinafter defined) party hereto from time to time, the Lenders (as hereinafter defined) party hereto from time to time, and GCI Capital Markets LLC, a Delaware limited liability company, as administrative agent for the Lenders.
TERM LOAN SECURITY AGREEMENT by FLOOR AND DECOR OUTLETS OF AMERICA, INC., as Borrower, THE OTHER LOAN PARTIES PARTY HERETO FROM TIME TO TIME and GCI CAPITAL MARKETS LLC, as Agent Dated as of May 1, 2013Term Loan Security Agreement • November 7th, 2014 • FDO Holdings, Inc. • Retail-lumber & other building materials dealers • New York
TERM LOAN SECURITY AGREEMENT, dated as of May 1, 2013 (as amended, restated, supplemented or otherwise modified from time to time in accordance with the provisions hereof, this “Security Agreement”), among (i) FLOOR AND DECOR OUTLETS OF AMERICA, INC., a Delaware corporation having an office at 2233 Lake Park Drive, Suite 400, Smyrna, Georgia 30080, as Borrower (the “Borrower”), and (ii) THE GUARANTORS LISTED ON THE SIGNATURE PAGES HERETO (the “Original Guarantors”) AND THE OTHER GUARANTORS FROM TIME TO TIME PARTY HERETO BY EXECUTION OF A JOINDER AGREEMENT (together with the Original Guarantors, the “Guarantors”), as pledgors, assignors and debtors (the Borrower, together with the Guarantors, in such capacities and together with any successors in such capacities, the “Grantors” and, each, a “Grantor”), and (iv) GCI CAPITAL MARKETS LLC, having an office at 666 Fifth Avenue, 18th Floor, New York, New York 10103, in its capacity as administrative agent for the Credit Parties (as defined in
GUARANTY AGREEMENTGuaranty Agreement • November 7th, 2014 • FDO Holdings, Inc. • Retail-lumber & other building materials dealers • New York
WHEREAS, reference is made to that certain Credit Agreement dated as of the date hereof (as amended, restated, supplemented or otherwise modified hereafter, the “Credit Agreement”), by and among (i) Floor and Decor Outlets of America, Inc., a Delaware corporation (the “Borrower”), (ii) the other Loan Parties party thereto, (iii) the Agent and (iv) the lenders party thereto (the “Lenders”). Capitalized terms used herein and not defined herein shall have the meanings assigned to such terms in the Credit Agreement.
GUARANTY AGREEMENTGuaranty Agreement • November 7th, 2014 • FDO Holdings, Inc. • Retail-lumber & other building materials dealers • New York
WHEREAS, reference is made to that certain Credit Agreement dated as of the date hereof (as amended, restated, supplemented or otherwise modified hereafter, the “Credit Agreement”), by and among (i) Floor and Decor Outlets of America, Inc., a Delaware corporation (the “Lead Borrower”), (ii) the other Borrowers party thereto, (iii) the Guarantors party thereto, (iv) the Agent and (v) the lenders party thereto (the “Lenders”). Capitalized terms used herein and not defined herein shall have the meanings assigned to such terms in the Credit Agreement.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 7th, 2014 • FDO Holdings, Inc. • Retail-lumber & other building materials dealers • New York
WELLS FARGO BANK, NATIONAL ASSOCIATION, as Term Loan Agent, the LENDERS party hereto (individually, each a “Lender” and collectively, “Lenders”),
