0001193125-11-133197 Sample Contracts

THIS TERM SHEET IS NOT A SOLICITATION OF ACCEPTANCES OR REJECTIONS WITH RESPECT TO ANY RESTRUCTURING OR PRE-ARRANGED PLAN OR AN OFFER OR SOLICITATION FOR THE SALE OF SECURITIES OF ANY KIND. TERMS FOR PROPOSED RESTRUCTURING OF HARRY & DAVID HOLDINGS,...
Harry & David Holdings, Inc. • May 10th, 2011 • Retail-retail stores, nec

This term sheet (“Term Sheet”), which amends and restates Exhibit A to the Support Agreement dated March 27, 2011 (the “Support Agreement”), describes certain of the principal terms of a proposed restructuring (the “Restructuring”) for Harry & David Holdings, Inc., and its direct and indirect subsidiaries (together “HD”). As described in greater detail herein, the Restructuring shall be consummated through the “Pre-Arranged Plan” (as defined in the Support Agreement) pursuant to voluntary chapter 11 cases (the “Cases”) to be filed with the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”).

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