AMENDED AND RESTATED PARTICIPATION AGREEMENTParticipation Agreement • October 1st, 2014 • Esl Partners, L.P. • Retail-department stores • New York
THIS AMENDED AND RESTATED PARTICIPATION AGREEMENT (this “Agreement”) is made and entered into as of September 30, 2014 (“Effective Date”) by and among JPP II, LLC and JPP, LLC, together or individually as the context may require, in their capacity as a participant (together with its successors and assigns, “Participant A”) and as original Lender under the Loan Documents (in such capacity, individually or collectively as the context may require, “Original Lender”), PYOF 2014 LOANS, LLC, a Delaware limited liability company (together with its successors and assigns, “Participant B”) and THE FAIRHOLME PARTNERSHIP, LP, a Delaware limited partnership (together with its successors and assigns “Participant C”; each of Participant A, Participant B and Participant C are sometimes individually referred to herein as a “Participant” and collectively as the “Participants”).
