LOAN AGREEMENT Dated as of April 8, 2016 between SEARS, ROEBUCK AND CO., SEARS DEVELOPMENT CO., INNOVEL SOLUTIONS, INC., BIG BEAVER OF FLORIDA DEVELOPMENT, LLC and KMART CORPORATION collectively, as Borrower, and JPP, LLC, JPP II, LLC and CASCADE...Loan Agreement • April 12th, 2016 • Esl Partners, L.P. • Retail-department stores • New York
This Loan Agreement (this “Agreement”) is dated as of April 8, 2016 and is between JPP, LLC and JPP II, LLC, each a Delaware limited liability company (together “JPP”) and CASCADE INVESTMENT, L.L.C. (“Cascade”, and together with JPP, the “Initial Lenders”), and SEARS, ROEBUCK AND CO., SEARS DEVELOPMENT CO., INNOVEL SOLUTIONS, INC. (“Innovel”), BIG BEAVER OF FLORIDA DEVELOPMENT, LLC (“BBOFD”) and KMART CORPORATION, collectively as borrower (individually or collectively, as the context may require, jointly and severally, together with their respective permitted successors and assigns, “Borrower”).
CO-LENDER AGREEMENTCo-Lender Agreement • April 12th, 2016 • Esl Partners, L.P. • Retail-department stores • New York
This Co-Lender Agreement (this “Agreement”), dated as of April 8, 2016, is by and among JPP, LLC and JPP II, LLC (individually or collectively, as the context may require, together with its respective successors and permitted assigns, “JPP”), as administrative agent for itself and for the other Lenders (as defined below) (“Administrative Agent”), JPP as a lender, and Cascade Investment, L.L.C., a Washington limited liability company (together with its successors and permitted assigns, “Cascade”), and each transferee (a “Transferee”), of a portion of any interest in the Loan made in accordance with this Agreement that has executed and delivered to the other Lenders a Joinder Agreement in the form attached hereto as Exhibit A (each, a “Joinder Agreement”). JPP, Cascade and each Transferee are each a “Lender” and collectively the “Lenders”).
