Kmart Agreement definition

Kmart Agreement means the Amended and Restated Master Agreement made and entered into as of August 24, 2005 by and between Kmart Corporation , the Company and related entities.
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Kmart Agreement means that certain Purchase, Distribution and Marketing Agreement dated as of January 27, 1997 between Kmart Corporation and Salton/Maxim.
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Kmart Agreement means the Master Agreement dated as of June 9, 1995 between Kmart Corporation and the Lead Borrower (as successor to Melville Corporation), as amended by the Agreement dated as of March 25, 1996, among Kmart Corporation, Melville Corporation, Kmart Properties, Inc. and Footwear Group, Inc., predecessor in interest to the Lead Borrower, and the Meldisco License Agreements referenced in the Master Agreement, and as further amended in a manner reasonably acceptable to the Agents in connection with the Kmart Settlement.
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Examples of Kmart Agreement in a sentence

  • The Lead Borrower has been assigned all of the right, title and interest of Melville Corporation under the Kmart Agreement and the Lead Borrower has not assigned any of such right, title and interest thereunder to any Person.

  • In 2008, Kmart and the Company entered into discussions with respect to the termination of the Kmart Agreement and the sale of certain intellectual property to Kmart.

  • Such dissolution is anticipated to be effected pursuant to a plan of dissolution which will be submitted for the approval of Stockholders in 2009 after expiration of the Kmart Agreement and the satisfaction in full of the Obligations under the Company’s Amended and Restated Exit Credit Agreement dated as of February 7, 2006 (as amended).

  • The Company will not permit any amendment or modification to be made to, or any waiver of its rights or the rights of any Subsidiary under, the Kmart Agreement and material agreements entered into in connection therewith, unless such amendment, modification or waiver does not materially adversely affect the Borrowers and the Guarantors taken as a whole or adversely affect the rights of the Banks under the Loan Documents.

  • No amendment has been made to the Kmart Agreement not permitted under this Agreement.

  • The Company will not permit any amendment or modification to be made to, or any waiver of its rights or the rights of any Subsidiary under, any Spin-Off Document or the Kmart Agreement unless such amendment, modification or waiver does not materially adversely affect the Company or the Banks, as determined in good faith by the Company.

  • To the extent necessary to assign the Kmart Agreement as permitted by and in accordance with its terms, the Debtors or Reorganized Debtors are authorized to take all corporate actions to establish new affiliated entities to which the Kmart Agreement will be assigned.

  • As of the Closing Date, no action in the Kmart Corporation Chapter 11 proceeding has been taken by any Person to assume or reject the Kmart Agreement or to delay or decrease payments thereunder or to modify it in any manner not permitted hereunder.

  • Final approval of the disclosure statement is contingent upon resolution of the Debtors' pending motion to assume an agreement with Kmart Corporation (the "Kmart Agreement") and Kmart Corporation's motion to terminate the Kmart Agreement.

  • Each of the Kmart Agreement and each material agreement contemplated by the Kmart Agreement and entered into in connection therewith is in full force and effect and no default exists thereunder on the part of the Company or any of its Affiliates or, to the knowledge of the Company or any of its Subsidiaries, on the part of Kmart Corporation or any of its affiliates.


More Definitions of Kmart Agreement

Kmart Agreement. The Lease Guaranty, Indemnification and Reimbursement Agreement dated as of November 23, 1994 between KMart and the Parent, as amended.
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Kmart Agreement means the Master Agreement dated as of June 9, 1995, between Kmart Corporation, Kmart Properties, Inc. and the Company (as successor to Melville), as amended by the Agreement dated as of March 25, 1996, among Kmart Corporation, Melville, Kmart Properties, Inc. and the Company.
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Kmart Agreement means, collectively, the Kmart Master Agreement and the Kmart Sub-Agreements.
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Related to Kmart Agreement

  • Counterpart Agreement means a Counterpart Agreement substantially in the form of Exhibit H delivered by a Credit Party pursuant to Section 5.10.

  • Designation Agreement means, with respect to any Designated Subsidiary, an agreement in the form of Exhibit E hereto signed by such Designated Subsidiary and the Company.

  • Formation Agreement has the meaning attributed to it in Recital A;

  • Reaffirmation Agreement means the Reaffirmation Agreement dated as of the Closing Date by the Borrower and the Guarantors to the Administrative Agent for the benefit of the Secured Parties.

  • Master Separation Agreement has the meaning set forth in the recitals.

  • Transition Agreement has the meaning set forth in Section 12.8.1.

  • Support Agreement has the meaning set forth in the Recitals.

  • Termination Agreement has the meaning set forth in the Recitals.

  • Lockup Agreement means the Lockup Agreement, dated as of the date hereof, by and between the Company and each person listed as a signatory thereto, in the form attached as Exhibit C hereto.

  • Joint Agreement means a type of Fund Use Agreement between the Consortium and the Fund Council that sets forth an umbrella set of terms and conditions that govern principally the submission and approval of CRP proposals and the transfer and use of funds from the CGIAR Fund for implementation of CRPs.

  • Noncompetition Agreement has the meaning given in Section 3.2.

  • Accession Agreement means an Accession Agreement substantially in the form of Annex I to the Guaranty.

  • Lock-Up Agreement means the Lock-Up Agreement, dated as of the date hereof, by and among the Company and the directors and officers of the Company, in the form of Exhibit B attached hereto.

  • Arrangement Agreement means the arrangement agreement dated as of April 18, 2019 between the Purchaser and the Company, including the schedules and exhibits thereto, providing for, among other things, the Arrangement, as the same may be amended, supplemented or restated.

  • Joinder Agreement means a joinder agreement substantially in the form of Exhibit F.

  • Payment Agreement means a written agreement which provides

  • Non-Competition Agreement has the meaning set forth in Section 2.1 of this Agreement.

  • Guaranty Joinder Agreement means each Guaranty Joinder Agreement, substantially in the form thereof attached to the Guaranty, executed and delivered by a Guarantor or any other Person to the Administrative Agent pursuant to Section 6.12 or otherwise.

  • Cooperation Agreement means that certain Mortgage Loan Cooperation Agreement, dated as of the Closing Date, among Borrower, Lender and Sponsor, as the same may from time to time be amended, restated, replaced, supplemented or otherwise modified in accordance herewith.

  • Indemnification Agreement shall have the meaning set forth in Article XVII.

  • Foundation Agreement means the agreement dated the 20th February 1985 made between the Trustee, the Manager, Xxxxxxxx, Genting WA and Tileska providing for the subscription of Units and Options;

  • Recognition Agreement With respect to any Cooperative Loan, an agreement between the Cooperative Corporation and the originator of such Mortgage Loan which establishes the rights of such originator in the Cooperative Property.

  • Program Support Agreement means and includes any Liquidity Agreement and any other agreement entered into by any Program Support Provider providing for: (a) the issuance of one or more letters of credit for the account of any Conduit Purchaser, (b) the issuance of one or more surety bonds for which the such Conduit Purchaser is obligated to reimburse the applicable Program Support Provider for any drawings thereunder, (c) the sale by such Conduit Purchaser to any Program Support Provider of the Purchased Interest (or portions thereof) maintained by such Conduit Purchaser and/or (d) the making of loans and/or other extensions of credit to any Conduit Purchaser in connection with such Conduit Purchaser’s securitization program contemplated in this Agreement, together with any letter of credit, surety bond or other instrument issued thereunder.

  • Primary Agreement means the agreement to which this exhibit is attached.

  • Assumption Agreement has the meaning specified in Section 2.18(d)(ii).

  • Subsidiary Joinder Agreement means a joinder to this Agreement, substantially in the form of Exhibit C.