GUARANTYGuaranty • February 5th, 2013 • Bon Ton Stores Inc • Retail-department stores • New York
This GUARANTY (this “Guaranty”), dated as of January 31, 2013, by The Bon-Ton Giftco, LLC, a Virginia limited liability company (the “New Guarantor”), in favor of (i) Bank of America, N.A., a national banking association, as agent (hereinafter, in such capacity, “Agent”) for itself and the other financial institutions (hereinafter, collectively, the “Lenders”) which from time to time are or may become parties to that certain Second Amended and Restated Loan and Security Agreement dated as of March 21, 2011 (as modified by that certain First Amendment to Second Amended and Restated Loan and Security Agreement dated as of October 25, 2012 and as further amended, amended and restated, supplemented or otherwise modified and in effect from time to time, the “Loan Agreement”), by and among The Bon-Ton Department Stores, Inc., a Pennsylvania corporation (“Bon-Ton”), Carson Pirie Scott II, Inc., a Mississippi corporation (“CPS II”), Bon-Ton Distribution, Inc., an Illinois corporation (“Distrib
THIRD SUPPLEMENTAL INDENTUREThird Supplemental Indenture • February 5th, 2013 • Bon Ton Stores Inc • Retail-department stores • New York
Third Supplemental Indenture (this “Supplemental Indenture”), dated as of February 2, 2013 between Carson Pirie Scott II, Inc. (the “Guaranteeing Subsidiary”), a subsidiary of The Bon-Ton Stores, Inc., a Pennsylvania corporation (or its permitted successor) (the “Parent”), The Bon-Ton Department Stores, Inc., a Pennsylvania corporation (the “Company”) and Wells Fargo Bank, National Association, a national banking association (or its permitted successor), as trustee and collateral agent under the Indenture referred to below (the “Trustee”).
FOURTH SUPPLEMENTAL INDENTUREFourth Supplemental Indenture • February 5th, 2013 • Bon Ton Stores Inc • Retail-department stores • New York
Fourth Supplemental Indenture (this “Supplemental Indenture”), dated as of February 2, 2013, between Carson Pirie Scott II, Inc., a Florida corporation (the “Guaranteeing Subsidiary”), a subsidiary of The Bon-Ton Stores, Inc., a Pennsylvania corporation (or its permitted successor) (the “Parent”), The Bon-Ton Department Stores, Inc., a Pennsylvania corporation (the “Company”) and The Bank of New York Mellon, a New York banking corporation (or its permitted successor), as trustee under the Indenture referred to below (the “Trustee”).
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • February 5th, 2013 • Bon Ton Stores Inc • Retail-department stores • New York
Second Supplemental Indenture (this “Supplemental Indenture”), dated as of January 31, 2013, between The Bon-Ton Giftco, LLC (the “Guaranteeing Subsidiary”), a subsidiary of The Bon-Ton Stores, Inc., a Pennsylvania corporation (or its permitted successor) (the “Parent”), The Bon-Ton Department Stores, Inc., a Pennsylvania corporation (the “Company”) and Wells Fargo Bank, National Association, a national banking association (or its permitted successor), as trustee and collateral agent under the Indenture referred to below (the “Trustee”).
SECURITY AGREEMENT SUPPLEMENTSecurity Agreement • February 5th, 2013 • Bon Ton Stores Inc • Retail-department stores
SUPPLEMENT NO. 2 (this “Supplement”), dated as of February 2, 2013 to the Second Lien Security Agreement dated as of July 9, 2012 by and among THE BON-TON DEPARTMENT STORES, INC., a Delaware corporation (the “Issuer”), and the other Persons listed on the signature pages thereof (collectively, the “Initial Grantors”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee and Collateral Agent (in its capacity as collateral agent, the “Collateral Agent”) for the Secured Parties.
JOINDER AGREEMENT TO LOAN AGREEMENTJoinder Agreement • February 5th, 2013 • Bon Ton Stores Inc • Retail-department stores
This Joinder Agreement (this “Joinder”) to that certain Loan Agreement (as defined herein) is made as of February 2, 2013, by and among:
OMNIBUS JOINDER AGREEMENT TO LOAN DOCUMENTSOmnibus Joinder Agreement • February 5th, 2013 • Bon Ton Stores Inc • Retail-department stores
THE BON-TON GIFTCO, LLC, a Virginia limited liability company (the “New Guarantor”), with its principal executive offices at 2801 E. Market Street, York, PA 17402;
SECURITY AGREEMENT SUPPLEMENTSecurity Agreement • February 5th, 2013 • Bon Ton Stores Inc • Retail-department stores
SUPPLEMENT NO. 1 (this “Supplement”), dated as of January 31, 2013 to the Second Lien Security Agreement dated as of July 9, 2012 by and among THE BON-TON DEPARTMENT STORES, INC., a Delaware corporation (the “Issuer”), and the other Persons listed on the signature pages thereof (collectively, the “Initial Grantors”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee and Collateral Agent (in its capacity as collateral agent, the “Collateral Agent”) for the Secured Parties.
