ARTICLE II AMENDMENT AND RESTATEMENTSenior Secured Term Loan Agreement • December 29th, 2011 • Orchard Supply Hardware Stores Corp • Retail-building materials, hardware, garden supply • New York
CONSENT AND FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • December 29th, 2011 • Orchard Supply Hardware Stores Corp • Retail-building materials, hardware, garden supply • New York
WELLS FARGO BANK, NATIONAL ASSOCIATION, successor by merger with WELLS FARGO RETAIL FINANCE, LLC, as ABL Administrative Agent and as Collateral Agent (in such capacities, the “ABL Agent”),
Page PART I BASIC LEASE PROVISIONS 1 PART II 4 1. PREMISES 4 2. NO MERGER OF TITLE 4 3. TERM RENEWAL OPTION 4 4. USE 5 5. FIXED RENT AND ADDITIONAL RENT 6 6. NET LEASE; TRUE LEASE 6 7. CONDITION 7 8. LIENS 8 9. REPAIRS AND MAINTENANCE 8 10. COMPLIANCE...Lease • December 29th, 2011 • Orchard Supply Hardware Stores Corp • Retail-building materials, hardware, garden supply
NOW THEREFORE, in consideration of the covenants, agreements, representations and warranties set forth herein and other good and valuable consideration, the parties hereto hereby agree as follows:
AMENDMENT NO. 2 TO LEASELease • December 29th, 2011 • Orchard Supply Hardware Stores Corp • Retail-building materials, hardware, garden supply
THIS AMENDMENT NO. 2 TO LEASE dated as of December 27, 2011 (this “Amendment”) is by and among OSH PROPERTIES LLC, a Delaware limited liability company (the “Landlord”) and ORCHARD SUPPLY HARDWARE LLC, a Delaware limited liability company (the “Tenant”) and is acknowledged and agreed to by those parties referenced on the signature pages hereto. Capitalized terms used but not otherwise defined in or pursuant to this Amendment shall have the meanings set forth in Appendix A to the Lease (hereinafter defined).
AMENDMENT NO. 2 TO LOAN AGREEMENTLoan Agreement • December 29th, 2011 • Orchard Supply Hardware Stores Corp • Retail-building materials, hardware, garden supply
THIS AMENDMENT NO. 2 LOAN AGREEMENT dated as of December 27, 2011 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Amendment”) is by and among OSH PROPERTIES LLC, a Delaware limited liability company (the “Company”), those lenders which are signatories hereto (the “Signing Lenders”), WELLS FARGO BANK, N.A., a national banking association, as administrative agent for Lenders hereunder (in such capacity, the “Administrative Agent”) and is acknowledged and agreed to by each of the entities referenced on the signature pages hereto as Guarantor. Capitalized terms used herein but not otherwise defined herein shall have the meanings set forth in or otherwise referenced pursuant to the Loan Agreement.
