COMMERCIAL PAPER DEALER AGREEMENT (4(2) PROGRAM; GUARANTEED) among STAPLES, INC. as IssuerCommercial Paper Dealer Agreement • December 2nd, 2008 • Staples Inc • Retail-miscellaneous shopping goods stores • New York
Contract Type FiledDecember 2nd, 2008 Company Industry JurisdictionThis Commercial Paper Agreement (4(2) Program Guaranteed) (as amended, supplemented or otherwise modified and in effect from time to time, the “Agreement”) sets forth the understandings among the Issuer, the Guarantors and the Dealer, each named on the cover page hereof, in connection with the issuance and sale by the Issuer of its short-term promissory notes (the “Notes”) through the Dealer.
FORM OF ASSIGNMENT AND ASSUMPTIONAssignment and Assumption • December 2nd, 2008 • Staples Inc • Retail-miscellaneous shopping goods stores
Contract Type FiledDecember 2nd, 2008 Company IndustryThis Assignment and Assumption (the “Assignment and Assumption”) is dated as of the Effective Date set forth below and is entered into by and between the Assignor (as defined below) and the Assignee (as defined below). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement (as defined below), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex I attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Assumption as if set forth herein in full.
Staples, Inc. Staples The Office Superstore, LLC Staples The Office Superstore East, In. Staples Contract & Commercial, Inc.Agreement Regarding the Issue of Commercial Paper • December 2nd, 2008 • Staples Inc • Retail-miscellaneous shopping goods stores
Contract Type FiledDecember 2nd, 2008 Company IndustryRe: Agreement dated August 6, 2008 among Lehman Brothers, Inc. (“LBI”), Staples, Inc., Staples The Office Superstore LLC, Staples The Office Superstore East, Inc., Staples Contract & Commercial, Inc., and Staples The Office Superstore, Limited Partnership (“Counterparties”) regarding the issue of commercial paper (the “Agreement”)
FORM OF ASSIGNMENT AND ACCEPTANCEAssignment and Acceptance • December 2nd, 2008 • Staples Inc • Retail-miscellaneous shopping goods stores
Contract Type FiledDecember 2nd, 2008 Company IndustryThis Assignment and Acceptance (the “Assignment and Acceptance”) is dated as of the Effective Date set forth below and is entered into by and between Lehman Commercial Paper Inc. (the “Assignor”) and Barclays Bank PLC (the “Assignee”). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (as amended, the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex I attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Acceptance as if set forth herein in full.
AMENDMENT NO. 2 TOCredit Agreement • December 2nd, 2008 • Staples Inc • Retail-miscellaneous shopping goods stores • New York
Contract Type FiledDecember 2nd, 2008 Company Industry JurisdictionThis AMENDMENT NO. 2 TO CREDIT AGREEMENT dated as of September 12, 2008 (this “Amendment”), by and among by and among (a) STAPLES, INC. (the “Borrower”), a Delaware corporation having its principal place of business at 500 Staples Drive, Framingham, MA 01701, (b) the lending institutions listed under the caption “Lenders” on signature pages hereto (the “Lenders”), (c) LEHMAN BROTHERS COMMERCIAL PAPER INC., as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders and (d) BANK OF AMERICA, N.A. and HSBC BANK USA, NATIONAL ASSOCIATION, as co-syndication agents for the Lenders (collectively, the “Co-Syndication Agents”), amends certain provisions of that certain Credit Agreement, dated as of April 1, 2008 among the Borrower, the Lenders, the Syndication Agent, the Co-Documentation Agents and the Administrative Agent (as amended and in effect from time to time, the “Credit Agreement”). Capitalized terms used herein without definition shall have the meanings assi