FIRST AMENDMENT TO THIRD AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • September 13th, 2018 • Sears Holdings Corp • Retail-department stores • New York
Contract Type FiledSeptember 13th, 2018 Company Industry JurisdictionThis First Amendment (this “Amendment”), dated as of September 12, 2018, is entered into by and among (i) JPP, LLC, a Delaware limited liability company, as agent (in its capacity as administrative agent for the Lenders, together with its permitted successors and assigns in accordance with Section 7.1 of the Loan Agreement, the “Agent”), (ii) JPP, LLC, JPP II, LLC and Cascade Investment, L.L.C. (“Cascade”), collectively, as lenders (together with their respective permitted successors and assigns, individually or collectively, as the context may require, “Lender”), (iii) SEARS, ROEBUCK AND CO. (“Sears”), KMART STORES OF ILLINOIS LLC, KMART OF WASHINGTON LLC, KMART CORPORATION (“KMART”), SHC DESERT SPRINGS, LLC, INNOVEL SOLUTIONS, INC., SEARS HOLDINGS MANAGEMENT CORPORATION, MAXSERV, INC., TROY COOLIDGE NO. 13, LLC, SEARS DEVELOPMENT CO. and BIG BEAVER OF FLORIDA DEVELOPMENT, LLC, collectively as borrowers (individually or collectively, as the context may require, jointly and severally,