ASSET PURCHASE AGREEMENT Dated as of June 17, 2013 By and Among Orchard Supply Company, LLC as Purchaser, and Orchard Supply Hardware Stores Corporation as Seller and Orchard Supply Hardware LLC and OSH Properties LLC as Company SubsidiariesAsset Purchase Agreement • June 17th, 2013 • Orchard Supply Hardware Stores Corp • Retail-building materials, hardware, garden supply • New York
This Asset Purchase Agreement (this “Agreement”), dated as of June 17, 2013 (the “Agreement Date”), by and among Orchard Supply Company, LLC, a Delaware limited liability company (“Purchaser”) and one or more other persons designated by the Purchaser (collectively, the “Purchaser Designees”), and Orchard Supply Hardware Stores Corporation, a Delaware corporation (the “Company”), Orchard Supply Hardware LLC, a Delaware limited liability company and OSH Properties LLC (each a “Company Subsidiary” and collectively, the “Company Subsidiaries”, and, together with the Company, each a “Seller” and collectively, the “Sellers”). Purchaser and the Sellers are collectively referred to herein as the “Parties” and individually as a “Party”. For the purposes of this Agreement, capitalized terms used herein shall have the meanings set forth herein or in Article X.
