FIFTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of April 24, 2020 among FIVE BELOW, INC., as the Borrower The Guarantors Named Herein WELLS FARGO BANK, NATIONAL ASSOCIATION, as Agent, L/C Issuer and Swing Line Lender, and The Other Lenders Party...Credit Agreement • April 29th, 2020 • Five Below, Inc • Retail-variety stores • New York
WHEREAS, the Borrower, Wells Fargo Bank, National Association, as lender, and certain other parties are party to a Fourth Amended and Restated Loan and Security Agreement, dated as of May 10, 2017 (as amended, restated, amended and restated, supplemented, extended or otherwise modified from time to time prior to the date hereof, the “Existing Credit Agreement”), pursuant to which the lenders party thereto provided the Borrower with certain financial accommodations;
SECURITY AGREEMENT by FIVE BELOW, INC. as Borrower and THE OTHER BORROWERS AND GUARANTORS PARTY HERETO FROM TIME TO TIME and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Agent Dated as of April 24, 2020Security Agreement • April 29th, 2020 • Five Below, Inc • Retail-variety stores • New York
SECURITY AGREEMENT dated as of April 24, 2020 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time in accordance with the provisions hereof, this “Security Agreement”) made by (i) FIVE BELOW, INC., a Pennsylvania corporation, as a borrower (the “Borrower” and also referred to herein as the “Original Borrower”), (ii) THE OTHER BORROWERS FROM TIME TO TIME PARTY HERETO BY EXECUTION OF A JOINDER AGREEMENT (the “Additional Borrowers,” and together with the Original Borrower, the “Borrowers”), and (iii) 1616 HOLDINGS, INC., a Pennsylvania corporation, as a guarantor (the “Guarantor” and also referred to herein as the “Original Guarantor”) AND THE OTHER GUARANTORS FROM TIME TO TIME PARTY HERETO BY EXECUTION OF A JOINDER AGREEMENT (the “Additional Guarantors,” and together with the Original Guarantor, the “Guarantors”), as pledgors, assignors and debtors (the Borrowers, together with the Guarantors, in such capacities and together with any successor
FACILITY GUARANTYFacility Guaranty • April 29th, 2020 • Five Below, Inc • Retail-variety stores • New York
WHEREAS, reference is made to that certain Credit Agreement, dated as of the date hereof (as amended, restated, amended and restated, supplemented or otherwise modified and in effect from time to time, the “Credit Agreement”), by and among (i) FIVE BELOW, INC., a Pennsylvania corporation (the “Borrower”), (ii) the other Borrowers party thereto, (iii) the Guarantors party thereto, (iv) the Agent, (v) the Lenders, and (vi) the other parties from time to time party thereto. All capitalized terms used herein and not defined herein shall have the meanings assigned to such terms in the Credit Agreement.
