AMENDMENT NO. 3 TO MERCHANDISING AGREEMENTMerchandising Agreement • June 5th, 2015 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores
Contract Type FiledJune 5th, 2015 Company IndustryTHIS AMENDMENT NO. 3 TO MERCHANDISING AGREEMENT (this “Amendment”) between (1) SEARS, ROEBUCK AND CO., a New York corporation (“SRC”), KMART CORPORATION, a Michigan corporation (“Kmart” and together with SRC, “Seller”), and (2) SEARS HOMETOWN AND OUTLET STORES, INC., a Delaware corporation (“SHO”), SEARS AUTHORIZED HOMETOWN STORES, LLC, a Delaware limited liability company (“SAHS”), and SEARS OUTLET STORES, L.L.C., a Delaware limited liability company (“Outlet Co.” and together with SHO and SAHS, “Buyer”), is retroactive to December 31, 2014 (the “Amendment Date”), is entered into as of the date of the last signature hereto and amends that certain Merchandising Agreement between Seller and Buyer dated August 8, 2012 (as amended, the “Agreement”). Capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in the Agreement.