Common use of Form of Clause in Contracts

Form of. A-1 Committed Loan Notice A-2 Conversion/Continuation Notice B Swing Line Loan Notice C Note D Compliance Certificate E Assignment and Assumption F Borrowing Base Certificate G Credit Card Notification H Joinder Agreement CREDIT AGREEMENT This CREDIT AGREEMENT (“Agreement”) is entered into as of December 15, 2008, among TUESDAY MORNING, INC., a Texas corporation, for itself and as agent (in such capacity, the “Lead Borrower”) for the other Borrowers now or hereafter party hereto; the BORROWERS now or hereafter party hereto; the GUARANTORS now or hereafter party hereto; each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”); and BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent, Swing Line Lender and L/C Issuer. The Borrowers have requested that the Lenders provide a revolving credit facility, and the Lenders have indicated their willingness to lend and the L/C Issuer has indicated its willingness to issue Letters of Credit, in each case on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:

Form of. A-1 A Committed Loan Notice A-2 Conversion/Continuation Notice B B-1 Bid Request B-2 Competitive Bid C Swing Line Loan Notice C D Note D E Compliance Certificate E F-1 Assignment and Assumption F Borrowing Base Certificate F-2 Administrative Questionnaire G Credit Card Notification Subsidiary Borrower Request and Assumption Agreement H Joinder Agreement Subsidiary Borrower Notice I Forms of U.S. Tax Compliance Certificates CREDIT AGREEMENT This CREDIT AGREEMENT (“Agreement”) is entered into as of December 15June 28, 20082013, among TUESDAY MORNING, INC.XXXXXXXXX TECHNOLOGY CORPORATION, a Texas corporationDelaware corporation (“Xxxxxxxxx”), for itself and the Subsidiary Borrowers (as agent (in such capacityhereinafter defined and, together with Xxxxxxxxx, the “Lead Borrowers” and, each a “Borrower”) for the other Borrowers now or hereafter party hereto; the BORROWERS now or hereafter party hereto; the GUARANTORS now or hereafter party hereto; ), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”); , and BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent, Swing Line Lender and L/C Issuer. The Borrowers have Xxxxxxxxx has requested that the Lenders provide a revolving credit facility, and the Lenders have indicated their willingness are willing to lend and the L/C Issuer has indicated its willingness to issue Letters of Credit, in each case do so on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:

Form of. A-1 Committed Loan Notice A-2 Conversion/Continuation Notice B Swing Line Loan Notice C Note D Compliance Certificate E Assignment and Assumption F Borrowing Base Certificate G Credit Card Notification H Joinder Agreement CREDIT AGREEMENT This CREDIT AGREEMENT (“Agreement”) is entered into as of December 15October 9, 20082009, among TUESDAY MORNINGTOPS MARKETS, INC.LLC, a Texas corporationNew York limited liability company, for itself and as agent (in such capacity, the “Lead Borrower”) for the other Borrowers now or hereafter party hereto; the BORROWERS now or hereafter party hereto; the GUARANTORS now or hereafter party hereto; each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”); and BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent, Swing Line Lender and L/C Issuer. The Borrowers have requested that the Lenders provide a revolving credit facility, and the Lenders have indicated their willingness to lend and the L/C Issuer has indicated its willingness to issue Letters of Credit, in each case on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:

Form of. A-1 Committed Loan Notice A-2 Conversion/Continuation Notice B Swing Line Loan Notice C C-1 Committed Loan Note C-2 Swing Line Note D Compliance Certificate E Assignment and Assumption F Borrowing Base Certificate G Credit Card Notification H Joinder Agreement CREDIT AGREEMENT This CREDIT AGREEMENT (“Agreement”) is entered into as of December 15January 16, 20082009, among TUESDAY MORNINGamong: THE PEP BOYS — MANNY, INC.MOE & XXXX, a Texas corporation, for itself and as agent Pennsylvania corporation (in such capacity, the “Lead Borrower”) for the other Borrowers now or hereafter party hereto); the BORROWERS now or hereafter party heretoPersons named on Schedule 1.01 hereto (each a “Borrower” and collectively, the “Borrowers”); the GUARANTORS now or hereafter party Guarantors named on Schedule 1.02 hereto; each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”); and BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent, Swing Line Lender and L/C Issuer; and XXXXX FARGO RETAIL FINANCE, LLC and REGIONS BANK, as Co-Syndication Agents. The Borrowers have requested that the Lenders provide a revolving credit facility, and the Lenders have indicated their willingness to lend and the L/C Issuer has indicated its willingness to issue Letters of Credit, in each case on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:

Form of. A-1 Committed Loan Notice A-2 Conversion/Continuation Notice B Swing Line Loan Notice B-1 Revolving Note B-2 Incremental Term Note B-3 Swing Line Note C Note D Compliance Certificate E D Assignment and Assumption E Form of Guarantor Joinder F Borrowing Base Form of Incremental Term Loan Agreement G-1 U.S. Tax Compliance Certificate G Credit Card Notification H Joinder Agreement (Form 1) G-2 U.S. Tax Compliance Certificate (Form 2) G-3 U.S. Tax Compliance Certificate (Form 3) G-4 U.S. Tax Compliance Certificate (Form 4) AMENDED AND RESTATED CREDIT AGREEMENT This AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of December 15February 18, 20082014, among TUESDAY MORNINGEQT Midstream Partners, INC.LP, a Texas corporation, for itself and as agent Delaware limited partnership (in such capacitythe “Borrower”), the “Lead Borrower”) for the other Borrowers now or hereafter Guarantors party hereto; the BORROWERS now or hereafter party hereto; the GUARANTORS now or hereafter party hereto; , each lender from time to time party hereto (collectivelyhereto, the “Lenders” and individuallyXxxxx Fargo Bank, a “Lender”); and BANK OF AMERICA, N.A.National Association, as Administrative Agent, Collateral Agent, Swing Line Lender Lender, and an L/C Issuer, and the other L/C Issuers named herein. The Borrowers have Borrower has requested that the Lenders provide a amend and restate the Borrower’s existing revolving credit facility, facility and the Lenders have indicated their willingness are willing to lend and the L/C Issuer has indicated its willingness to issue Letters of Credit, in each case do so on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows: