GUARANTYGuaranty • January 3rd, 2014 • Bon Ton Stores Inc • Retail-department stores • New York
This GUARANTY (this “Guaranty”), dated as of December 31, 2013, by Bon-Ton Distribution II, LLC, an Illinois limited liability company (which will, immediately after entering into this Guaranty, merge with Bon-Ton Distribution, Inc., an Illinois corporation (“Distribution”), and the surviving entity will change its name to Bon-Ton Distribution, LLC, an Illinois 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 that certain Second Amendment to Second Amended and Restated Loan and Security Agreement
FIRST SUPPLEMENTAL INDENTURESupplemental Indenture • January 3rd, 2014 • Bon Ton Stores Inc • Retail-department stores • New York
First Supplemental Indenture (this “Supplemental Indenture”), dated as of December 31, 2013 between Bon-Ton Distribution, LLC, an Illinois limited liability company formerly known as Bon-Ton Distribution II, LLC (the “Guaranteeing Subsidiary”), a subsidiary of The Bon-Ton Stores, Inc., a Pennsylvania corporation (or its permitted successor) (the “Parent”), 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”).
JOINDER AGREEMENT TO LOAN AGREEMENTJoinder Agreement • January 3rd, 2014 • Bon Ton Stores Inc • Retail-department stores
This Joinder Agreement (this “Joinder”) to that certain Loan Agreement (as defined herein) is made as of December 31, 2013, by and among:
SECURITY AGREEMENT SUPPLEMENTSecurity Agreement Supplement • January 3rd, 2014 • Bon Ton Stores Inc • Retail-department stores
SUPPLEMENT NO. 3 (this “Supplement”), dated as of December 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.
