0001193125-03-070865 Sample Contracts

PERFORMANCE UNDERTAKING [ALG]
Performance Undertaking • October 31st, 2003 • Acuity Brands Inc • Wholesale-chemicals & allied products • Georgia

THIS PERFORMANCE UNDERTAKING (this “Undertaking”), dated as of September 2, 2003, is executed by Acuity Brands, Inc., a Delaware corporation (the “Performance Guarantor”) in favor of Acuity Unlimited, Inc., a Delaware corporation (together with its successors and assigns, “Recipient”).

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ACUITY BRANDS, INC. SEVERANCE AGREEMENT
Severance Agreement • October 31st, 2003 • Acuity Brands Inc • Wholesale-chemicals & allied products • Georgia

THIS AGREEMENT (the “Agreement”), made and entered into as of this day of , 2003, by and between ACUITY BRANDS, INC., a Delaware corporation (the “Company”), and (the “Executive”).

AMENDED AND RESTATED RECEIVABLES SALE AND CONTRIBUTION AGREEMENT DATED AS OF SEPTEMBER 2, 2003 BETWEEN ACUITY LIGHTING GROUP, INC., SUCCESSOR TO NATIONAL SERVICE INDUSTRIES, INC., AS SELLER, AND ACUITY UNLIMITED, INC., FORMERLY KNOWN AS L&C FUNDING,...
Receivables Sale and Contribution Agreement • October 31st, 2003 • Acuity Brands Inc • Wholesale-chemicals & allied products

THIS AMENDED AND RESTATED RECEIVABLES SALE AND CONTRIBUTION AGREEMENT, dated as of September 2, 2003, is by and between Acuity Lighting Group, Inc., a Delaware corporation (“ALG”), and Acuity Unlimited, Inc., a Delaware corporation formerly known as L & C Funding, Inc. (“Buyer”), and amends and restates in its entirety that certain Receivables Sale and Contribution Agreement dated as of September 2, 2003, as amended, originally by and between National Service Industries, Inc., a Georgia corporation (“NSI-Georgia”) and NSI Funding, Inc., a Delaware corporation (“NSI Funding”), as amended by that certain Omnibus Amendment dated as of August 31, 2001, by and between ALG, Buyer, NSI-Georgia, NSI Funding, and the other persons parties thereto, and as assumed by ALG pursuant to that certain Assumption Agreement dated as of August 31, 2001, by and between ALG, Buyer, NSI-Georgia, NSI Funding, and the other persons parties thereto (collectively, the “Existing Agreement”). Unless defined elsewh

RECEIVABLES SALE AND CONTRIBUTION AGREEMENT DATED AS OF SEPTEMBER 2, 2003 BETWEEN ACUITY SPECIALTY PRODUCTS GROUP, INC., AS SELLER, AND ACUITY ENTERPRISE, INC., AS BUYER
Receivables Sale and Contribution Agreement • October 31st, 2003 • Acuity Brands Inc • Wholesale-chemicals & allied products

THIS RECEIVABLES SALE AND CONTRIBUTION AGREEMENT, dated as of September 2, 2003, is by and between Acuity Specialty Products Group, Inc., a Delaware corporation (“ASP”), and Acuity Enterprise, Inc., a Delaware corporation (“Buyer”). Unless defined elsewhere herein, capitalized terms used in this Agreement shall have the meanings assigned to such terms in Exhibit I hereto (or, if not defined in Exhibit I hereto, the meaning assigned to such term in Exhibit I to the Credit and Security Agreement).

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