AMENDMENT TO AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 10th, 2013 • Hd Supply, Inc. • Wholesale-durable goods • Delaware
THIS AMENDMENT (this “Amendment”) to the Amended and Restated Registration Rights Agreement, dated as of September 17, 2007, among HD Supply Holdings, Inc. (formerly known as HDS Investment Holding, Inc.) (the “Company”) and the stockholders from time to time party thereto (the “Agreement”), is made and entered into effective as of this 2nd day of July, 2013, by the Company, the Bain Investors, the CD&R Investors and the Carlyle Investors. All capitalized terms used herein but not defined herein shall have the meaning assigned to them in the Agreement, and, except as otherwise provided below, references herein to a specific Section or Schedule will refer, respectively, to the corresponding Section or Schedule of the Agreement.
DIRECTOR INDEMNIFICATION AGREEMENTIndemnification Agreement • September 10th, 2013 • Hd Supply, Inc. • Wholesale-durable goods • Delaware
Indemnification Agreement, dated as of , 20 (this “Agreement”), between HD Supply Holdings, Inc., a Delaware corporation (the “Company”), HD Supply, Inc., a Delaware corporation (“Opco” and, together with the Company, the “Company Entities”) and (“Indemnitee”).
AMENDMENT TO SECOND AMENDED AND RESTATED STOCKHOLDERS AGREEMENTStockholders Agreement • September 10th, 2013 • Hd Supply, Inc. • Wholesale-durable goods • Delaware
THIS AMENDMENT (this “Amendment”) to the Second Amended and Restated Stockholders Agreement, dated as of September 21, 2007, among HD Supply Holdings, Inc. (formerly known as HDS Investment Holding, Inc.) (the “Company”) and the stockholders from time to time party thereto (the “Agreement”), is made and entered into effective as of this 2nd day of July, 2013, by the Company, the Bain Investors, the CD&R Investors and the Carlyle Investors. All capitalized terms used herein but not defined herein shall have the meaning assigned to them in the Agreement, and, except as otherwise provided below, references herein to a specific Section or Schedule will refer, respectively, to the corresponding Section or Schedule of the Agreement.
AMENDMENT NO. 1 TO ABL CREDIT AGREEMENTAbl Credit Agreement • September 10th, 2013 • Hd Supply, Inc. • Wholesale-durable goods • New York
This Amendment No. 1 to ABL Credit Agreement, dated as of June 28, 2013 (this “Amendment”), is entered into by and among HD SUPPLY, INC., a Delaware corporation (“HD Supply” or “Parent Borrower”), the other Borrowers party hereto, the Lenders party hereto, GENERAL ELECTRIC CAPITAL CORPORATION (“GECC”), as Administrative Agent and U.S. ABL Collateral Agent, and GE CANADA FINANCE HOLDING COMPANY (“GE Canada”), as Canadian Agent and Canadian Collateral Agent.
