THIRD AMENDED AND RESTATED AGREEMENT OF PARTNERSHIP OF DUANE READE dated as of July 16, 2003Partnership Agreement • August 11th, 2003 • Dri I Inc • Retail-drug stores and proprietary stores • New York
THIRD AMENDED AND RESTATED AGREEMENT OF PARTNERSHIP, dated as of July 16, 2003, by and between DUANE READE INC., a Delaware corporation (“Parent”), and DRI I INC., a Delaware corporation (“DRI”) (individually, a “Partner” and collectively, the “Partners”).
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • August 11th, 2003 • Dri I Inc • Retail-drug stores and proprietary stores • New York
INTELLECTUAL PROPERTY SECURITY AGREEMENT (this “Agreement”) dated as of July 21, 2003 by and among (a) Duane Reade, a New York general partnership having its principal place of business at 440 Ninth Avenue, New York, New York 10011 (the “Borrower”), (b) each of the Persons listed on Schedule I hereto (each such Person, individually, a “Facility Guarantor” and, collectively, the “Facility Guarantors”) (the Borrower and the Facility Guarantors are hereinafter referred to, individually, as a “Grantor” and, collectively, as the “Grantors”), and (c) Fleet Retail Finance Inc., a Delaware corporation, as collateral agent (in such capacity, the “Collateral Agent”) for the Secured Parties, in consideration of the mutual covenants contained herein and benefits to be derived herefrom.
SECURITY AGREEMENTSecurity Agreement • August 11th, 2003 • Dri I Inc • Retail-drug stores and proprietary stores • New York
SECURITY AGREEMENT (this “Agreement”) dated as of July 21, 2003 by and among (a) Duane Reade, a New York general partnership having its principal place of business at 440 Ninth Avenue, New York, New York 10011 (the “Borrower”), (b) each of the Persons listed on Schedule I hereto (each such Person, individually, a “Facility Guarantor” and, collectively, the “Facility Guarantors”) (the Borrower and the Facility Guarantors are hereinafter referred to, individually, as a “Grantor” and, collectively, as the “Grantors”), and (c) Fleet Retail Finance Inc., a Delaware corporation, as collateral agent (in such capacity, the “Collateral Agent”) for the Secured Parties (as defined herein), in consideration of the mutual covenants contained herein and benefits to be derived herefrom.
OWNERSHIP INTEREST PLEDGE AGREEMENTOwnership Interest Pledge Agreement • August 11th, 2003 • Dri I Inc • Retail-drug stores and proprietary stores • New York
OWNERSHIP INTEREST PLEDGE AGREEMENT (this “Agreement”) dated as of July 21, 2003 by and among Duane Reade Inc., a Delaware corporation (hereinafter, the “Parent”), and DRI I Inc., a Delaware corporation (hereinafter, “DRI I”) (the Parent and DRI I, jointly, severally and collectively sometimes are referred to herein as the “Pledgors”), and Fleet Retail Finance Inc., a Delaware corporation, as collateral agent (in such capacity, the “Collateral Agent”) for the Secured Parties (as defined in the Credit Agreement referred to below), in consideration of the mutual covenants contained herein and benefits to be derived herefrom.
GUARANTEEGuarantee • August 11th, 2003 • Dri I Inc • Retail-drug stores and proprietary stores • New York
GUARANTEE (this “Guarantee”) dated as of July 21, 2003 by each of the Persons listed on Schedule I hereto (each such Person, individually, a “Facility Guarantor” and, collectively, the “Facility Guarantors”) in favor of (a) Fleet Retail Finance Inc., a Delaware corporation, as collateral agent (in such capacity, the “Collateral Agent”) for the Secured Parties (as defined in the Credit Agreement referred to below), (b) Fleet National Bank, as administrative agent (in such capacity, the “Administrative Agent”) for the Secured Parties and as Issuing Bank (as defined in the Credit Agreement), and (c) the Lenders (as defined in the Credit Agreement), parties to the Credit Agreement.
CREDIT AGREEMENTCredit Agreement • August 11th, 2003 • Dri I Inc • Retail-drug stores and proprietary stores • New York
DUANE READE REALTY, INC., a Delaware corporation, having its principal place of business at 440 Ninth Avenue, New York, New York 10001; and
