AMENDMENT NO. 5 to CREDIT AGREEMENTCredit Agreement • July 19th, 2017 • Winmark Corp • Retail-miscellaneous retail
THIS AMENDMENT NO. 5 TO CREDIT AGREEMENT (this “Amendment”) is dated as of July 18, 2017, by and among WINMARK CORPORATION, WIRTH BUSINESS CREDIT, INC., WINMARK CAPITAL CORPORATION and GROW BIZ GAMES, INC. (each of the foregoing are referred to herein individually as a “Loan Party” and collectively as the “Loan Parties”), THE PRIVATEBANK AND TRUST COMPANY (the “Administrative Agent” and a “Lender”), and BMO HARRIS BANK N.A. (formerly known as HARRIS N.A.) (also a “Lender”).
AMENDMENT NO. 1 TO INTERCREDITOR AND COLLATERAL AGENCY AGREEMENTIntercreditor and Collateral Agency Agreement • July 19th, 2017 • Winmark Corp • Retail-miscellaneous retail • Minnesota
This Amendment No. 1 to Intercreditor and Collateral Agency Agreement (this “Amendment”), dated as of this 19th day of July, 2017, is by and among The PrivateBank and Trust Company (“PrivateBank”), BMO Harris Bank N.A. (“BMO”), The Prudential Insurance Company of America (“Prudential”), Pruco Life Insurance Company (“Pruco”), Prudential Retirement Guaranteed Cost Business Trust (“Prudential Guaranteed”), PAR U Hartford Life Insurance Comfort Trust (“PAR”), PrivateBank, in its capacity as Bank Agent, and PrivateBank, in its capacity as Collateral Agent.
July 19, 2017Note Agreement • July 19th, 2017 • Winmark Corp • Retail-miscellaneous retail • Illinois
Reference is made to the Note Agreement dated as of May 14, 2015 (the “Note Agreement”), among Winmark Corporation, a Minnesota corporation (the “Company”), Wirth Business Credit, Inc., a Minnesota corporation (“Wirth”), Winmark Capital Corporation, a Minnesota corporation (“Winmark Capital”), Grow Biz Games, Inc., a Minnesota corporation (“Grow Biz”; the Company, Wirth, Winmark Capital, Grow Biz and any other Person who joins the Note Agreement as an Issuer pursuant to paragraph 5J, collectively, the “Issuers”), The Prudential Insurance Company of America (“PICA”), Pruco Life Insurance Company (“Pruco”) and Prudential Retirement Guaranteed Cost Business Trust (“PRG”; PICA, Pruco and PRG, collectively, the “Holders”). The Holders, together with PAR U Hartford Life Insurance Comfort Trust (“PAR”), are herein collectively referred to as the “Purchasers” and each individually as a “Purchaser.” PICA and PAR are herein collectively referred to as the “Series B Purchasers” and each individua
