LIMITED LIABILITY COMPANY AGREEMENT OF _____________________________________, LLC THIS LIMITED LIABILITY COMPANY AGREEMENT (the "Agreement") of _____________________, LLC, a Delaware limited liability company (the "Company") is made as of...Limited Liability Company Agreement • March 22nd, 2001 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies • Delaware
ACE HARDWARE CORPORATION LICENSE AGREEMENT FOR _______________________ TABLE OF CONTENTSLicense Agreement • March 12th, 1997 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies • Illinois
ACE HARDWARE CORPORATION LICENSE AGREEMENT FOR TABLE OF CONTENTSLicense Agreement • March 22nd, 2001 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies • Illinois
TABLE OF CONTENTS EXHIBITS AND ADDENDA. Any exhibit or addendum attached Article Page to this Lease is incorporated as a part of this Lease for all purposes. 1. Defined Terms 1 Any term not specifically defined in the Addenda shall have the same 2....Ace Hardware Corp • March 22nd, 2001 • Wholesale-hardware & plumbing & heating equipment & supplies • Texas
LEASELease • March 22nd, 2001 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies
PARTICIPATION AGREEMENT between ACE HARDWARE CORPORATION and PNC COMMERCIAL CORP Dated as of December 17, 1997 TABLE OF CONTENTSParticipation Agreement • March 18th, 1998 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies
REVOLVING CREDIT FACILITY AGREEMENT among ACE HARDWARE CORPORATION, as Company, THE NORTHERN TRUST COMPANY, as Administrative Agent, BANK OF AMERICA, NATIONAL ASSOCIATION, as Syndication Agent, SUNTRUST BANK, as Documentation Agent, and the Banks...Revolving Credit Facility Agreement • March 22nd, 2001 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies • Illinois
WITNESSETHLease Agreement • March 17th, 2000 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies
ARTICLE I INTRODUCTION 1.01 The Trust, the Plans , Participants. This Agreement and the Trust hereby evidenced shall be known as the "Ace Hardware Corporation Executive Benefit Security Trust." The Trust is established for the benefit of employees and...Trust Agreement • March 11th, 1996 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies • Illinois
LEASELease Agreement • March 11th, 1996 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies
COUNTY OF SARATOGA INDUSTRIAL DEVELOPMENT AND ACE HARDWARE CORPORATIONLease Agreement • March 12th, 1997 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies
1 8/97 ACE HARDWARE CORPORATION INTERNATIONAL FRANCHISE AGREEMENTInternational Franchise Agreement • March 22nd, 2001 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies • Illinois
ContractAce Hardware Corp • March 22nd, 2002 • Wholesale-hardware & plumbing & heating equipment & supplies • Illinois
April 24, 2001 Ace Hardware Corporation 2200 Kensington Court Oak Brook, Illinois 60521 Ladies and Gentlemen: Reference is made to (a) the Note Purchase and Private Shelf Agreement dated as of September 27, 1991 (the "1991 Note Agreement") between Ace Hardware Corporation (the "Company") and The Prudential Insurance Company of America ("Prudential") pursuant to which the Company issued and sold and Prudential purchased the Company's 8.47% Senior Notes in the original principal amount of $20,000,000 due July 1, 2003 and (b) the Amended and Restated Note Purchase and Private Shelf Agreement dated as of September 22, 1993, as amended and restated on August 23, 1996 (the "1996 Note Agreement", together with the 1991 Note Agreement, the "Note Agreements") between the Company and Prudential pursuant to which the Company issued and sold and Prudential purchased the Company's (i) 6.47% Senior Series A Notes in the original principal amount of $30,000,000 due June 22, 2008; (ii) 7.49%
ContractAce Hardware Corp • March 22nd, 2002 • Wholesale-hardware & plumbing & heating equipment & supplies
LEASE FROM TOWNSEND ROCKLlN, LLC LANDLORD TO ACE HARDWARE CORPORATION TENANT PREMISES: A portion of 3301 Industrial Avenue Rocklin, CA DATED: June 30, 2000 LEASE THIS LEASE made this 30th day of June, 2000 between TOWNSEND ROCKLIN, LLC ("Landlord"), a Delaware limited liability company, and ACE HARDWARE CORPORATION ("Tenant"), a Delaware corporation. W I T N E S S E T H: 1. Premises. Landlord leases to Tenant approximately 75,000 rentable square feet (the "Premises"), as outlined on the plan attached as Exhibit "A " (the "Plan") located in the warehouse building designated "Warehouse" on the Plan (the "Building") on the land described in Exhibit "B" attached hereto located at 3301 Industrial Avenue, Rocklin, California (the "Land"). The Building and Land are collectively referred to herein as the "Property." 2. Term. The term ("Term") of this Lease shall commence upon full execution and delivery of this Lease (the "Commencement Date") and end on the last day
ContractAce Hardware Corp • March 24th, 2003 • Wholesale-hardware & plumbing & heating equipment & supplies • Ohio
ContractOption Agreement and Joint Escrow Instructions • March 24th, 2003 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies • California
OPTION AGREEMENT AND JOINT ESCROW INSTRUCTIONS by and between REYNEN & BARDIS (KMS PLACER), L.P., a California limited partnership ("Seller") and ACE HARDWARE CORPORATION, a Delaware corporation ("Buyer") Property located in Placer County, California Dated January 13, 2003
ContractLand Lease Agreement • March 22nd, 2002 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies
LAND LEASE AGREEMENT This Lease Agreement made and entered into by and between FINCH & BARRY PROPERTIES, LLC, of Schaumburg, Illinois, as agent for Summit Terminal LLC hereinafter collectively referred to as "Landlord" and Ace Hardware Corporation , a corporation of Delaware , hereinafter referred to as "Tenant": WITNESSETH: Landlord hereby leases to Tenant, and Tenant hereby takes from Landlord that portion of the land consisting of 109 trailer parking spaces and 58 car parking spaces comprising the property commonly known as 5151 S. Lawndale Ave., Summit Illinois , as delineated in yellow on Exhibit "A" attached hereto, (the property leased by Tenant is referred to herein as the "Premises" or the "Leased Premises" and the entire property consisting of 15.3 acres which includes a building, the grounds surrounding the building, parking areas, driveways and dock areas located at 5151 S. Lawndale Ave., Summit Illinois is referred to herein as the "Entire Facility"). To have an
ContractLease Agreement • March 22nd, 2002 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies
LEASE AGREEMENT This lease, made this 19th day of October , 2001, by and between Bob's Transport and Storage Co., Inc. , a Maryland Corporation with principal offices located at 820 South Oldham Street, Baltimore, Maryland 21224 ("Landlord") and Ace Hardware Corporation , a Delaware Corporation, with principal offices located at 2200 Kensington Court, Oakbrook, Illinois 60523-2100 ("Tenant"). Witnesseth That: 1. The Landlord, for and in consideration of the rentals and the performance of the covenants and agreements contained in this Lease does hereby demise and Lease to Tenant, and Tenant does hereby rent and take from Landlord, the premises (the "Premises") comprised of and described as approximately 19,600 square feet +/- of building space comprised of offices, dock area, shop and guard shack. The location of said property is as follows: 8130 Norris Lane in Baltimore County, Maryland 21222. Together the properties comprise approximately 4.8 acres of
EXHIBIT 10-a-14 THIS LEASE, made this 9th day of February, 1995, by and between LEROY M. MERRITT, hereinafter called "Landlord," and ACE HARDWARE CORPORATION, hereinafter called "Tenant." WITNESSETH, that in consideration of the rental hereinafter...Amendatory Lease Agreement • March 11th, 1996 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies
AGREEMENT ---------Agreement • March 17th, 2000 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies • Delaware
ACE HARDWARE CORPORATION 6.47% Series A Senior Notes Due June 22, 2008 Private Shelf Facility AMENDED AND RESTATED NOTE PURCHASE AND PRIVATE SHELF AGREEMENT Dated as of August 23, 1996 ACE HARDWARE CORPORATION 2200 Kensington Court Oak Brook, Illinois...Note Purchase and Private Shelf Agreement • March 12th, 1997 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies
ContractAce Hardware Corp • March 22nd, 2002 • Wholesale-hardware & plumbing & heating equipment & supplies • Illinois
September 10, 2001 Ace Hardware Corporation 2200 Kensington Court Oak Brook, Illinois 60521 Ladies and Gentlemen: Reference is made to (a) the Note Purchase and Private Shelf Agreement dated as of September 27, 1991 (the " 1991 Note Agreement ") between Ace Hardware Corporation (the " Company ") and The Prudential Insurance Company of America (" Prudential ") pursuant to which the Company issued and sold and Prudential purchased the Company's 8.47% Senior Notes in the original principal amount of $20,000,000 due July 1, 2003 and (b) the Amended and Restated Note Purchase and Private Shelf Agreement dated as of September 22, 1993, as amended and restated on August 23, 1996 (the " 1996 Note Agreement ", together with the 1991 Note Agreement, the " Note Agreements ") between the Company and Prudential pursuant to which the Company issued and sold and Prudential purchased the Company's (i) 6.47% Senior Series A Notes in the original principal amount of $30,000,000 due June 22, 20
Exhibit 10-J ACE HARDWARE CORPORATION INTERNATIONAL FRANCHISE AGREEMENT This Agreement is made and entered into by and between ACE HARDWARE CORPORATION, a Delaware corporation, having its general offices at 2200 Kensington Court, Oak Brook, Illinois...International Franchise Agreement • March 15th, 1999 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies • Illinois
EXHIBIT 10-a-12 MULTI TENANT INDUSTRIAL BUILDING SHORT FORM BRANT TRADE & INDUSTRIAL PARK INC. LANDLORD - and - ACE HARDWARE CANADA LIMITED TENANT L E A S E TABLE OF CONTENTS Article Article I 1.0 LEASE SUMMARY Article II 2.0 DEFINITIONS Article III...Ace Hardware Corp • March 11th, 1996 • Wholesale-hardware & plumbing & heating equipment & supplies • Ontario
Exhibit 10-P DEED OF LEASE Arundel II L.L.C., Landlord Ace Hardware Corporation, Tenant Dated: January _30____, 1998 DEED OF LEASE THIS DEED OF LEASE ("Lease"), dated this ___30th______ day of January, 1998 by and between Arundel II L.L.C., a Delaware...And Attornment Agreement • March 15th, 1999 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies
EXHIBIT 10-a-17 EMPLOYMENT AGREEMENT This Employment Agreement made and entered into this ___ day of __________, 1995 by and between ACE HARDWARE CORPORATION, a Delaware corporation, hereinafter referred to as the "Employer", and ________________,...Employment Agreement • March 11th, 1996 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies • Illinois
As of January 29, 1998Ace Hardware Corp • March 18th, 1998 • Wholesale-hardware & plumbing & heating equipment & supplies • Illinois
September 25, 2000 Ace Hardware Corporation 2200 Kensington Court Oak Brook, Illinois 60521 Ladies and Gentlemen: Reference is made to (a) the Note Purchase and Private Shelf Agreement dated as of September 27, 1991 (the "1991 Note Agreement") between...Ace Hardware Corp • March 22nd, 2001 • Wholesale-hardware & plumbing & heating equipment & supplies
ContractSubsidiaries and Ownership of Subsidiary • March 22nd, 2002 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies • Illinois
CONFORMED COPY ACE HARDWARE CORPORATION $100,000,000 Senior Notes Issuable In Series $70,000,000 7.27% Senior Notes, Series 2001-A due April 30, 2013 _________ NOTE PURCHASE AGREEMENT _________ Dated as of April 15, 2001 PPN: 00440* AG 3
ContractAce Hardware Corp • March 24th, 2003 • Wholesale-hardware & plumbing & heating equipment & supplies
LEASE between SUNSET-SCE, LLC, a California limited liability company, as to an undivided 75% interest as tenant-in-common, AND JL INTERESTS, LLC, a California limited liability company, as to an undivided 25% interest as tenant-in-common collectively, as Landlord and ACE HARDWARE CORPORATION, a Delaware corporation as Tenant dated June 19, 2002 1. Certain Definitions 2. Demise of Premises 3. Term 4. Rent 5. Net Lease: True Lease 6. Title and Condition 7. Payment of Impositions and Additional Obligations; Compliance with Law 8. Use 9. Maintenance and Repair 10. Liens 11. Alterations 12. Condemnation 13. Insurance 14. Damage, Destruction 15. Restoration 16. Subordination to Financing 17. Assignment, Subleasing 18. Permitted Contests 19. Default 20. Landlord's Remedies 21. Bankruptcy; Insolvency 22. Notices 23. Memorandum Lease; Estoppel Certificates 24. Surrender and Holding Over 25. No Merger of Title 26. Landlord and L
April 1, 2000 Store Number _____________ SUPPLEMENT TO ACE HARDWARE MEMBERSHIP AGREEMENT 1. The Member agrees that this Supplement amends the Member's current version of the Ace Hardware Membership Agreement in the following respects: New paragraphs...Ace Hardware Corp • March 22nd, 2001 • Wholesale-hardware & plumbing & heating equipment & supplies
ContractTerms And • March 22nd, 2002 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies • Illinois
STANDARD TERMS AND CONDITIONS Effective as of November 6, 2001 Under Ace Hardware Corporation's INDUSTRIAL DISTRIBUTOR AGREEMENT These terms and conditions apply, effective as of the date indicated above, under the Industrial Distributor Agreement (the "Agreement") entered into between Seller and Buyer, and to all orders accepted by Seller thereafter unless and until these Standard Terms and Conditions are changed as provided in the Agreement. Capitalized terms that are not otherwise defined in this document shall have the same meanings as those set forth in the Agreement. A. TERMS AND CONDITIONS APPLICABLE TO ALL SALES A1. ADDITIONAL OR DIFFERENT TERMS. Any terms asserted by the Buyer in addition to or different from those set forth in the Agreement, whether contained in any purchase order form, or other document proposed by Buyer are hereby objected to and shall not become a part of the terms and conditions of purchase and sale between the parties unless Seller specifical
ContractAce Hardware Corp • March 24th, 2003 • Wholesale-hardware & plumbing & heating equipment & supplies • Illinois
ACE HARDWARE CORPORATION NATIONAL SUPPLY NETWORK DISTRIBUTOR FRANCHISE AGREEMENT TABLE OF CONTENTS PARAGRAPH 1. DEFINITIONS AND BACKGROUND 2. GRANT OF FRANCHISE 3. DURATION AND RENEWAL 4. LOCATION AND DEVELOPMENT OF FRANCHISED BUSINESS 5. TRAINING AND SUPPORT SERVICES 6. MARKS 7. PROPRIETARY INFORMATION 8. RELATIONSHIP OF THE PARTIES 9. FRANCHISE AND OTHER FEES 10. PURCHASES OF PRODUCT 11. OPERATING STANDARDS 12. ADVERTISING 13. TRANSFER 14. TERMINATION OF THIS AGREEMENT 15. RIGHTS OF THE COMPANY AND OBLIGATIONS OF DISTRIBUTOR UPON TERMINATION OR EXPIRATION OF THE FRANCHISE 16. ENFORCEMENT 17. NOTICES AND PAYMENTS 18. PERSONAL GUARANTY RIDERS: A. TRADE NAME AND ADDRESS OF DISTRIBUTOR'S BUSINESS B. GUARANTY AND ASSUMPTION OF OBLIGATIONS ACE HARDWARE CORPORATION NATIONAL SUPPLY NETWORK DISTRIBUTOR FRANCHISE AGREEMENT This Franchise Agreement, made this day of , , by and between ACE HARDWARE CORPORATION, a Delaware cor
OFFICE LEASE 674573 ONTARIO LIMITED (Landlord) ACE HARDWARE CANADA LIMITED A corporation incorporated under the laws of Ontario 80 Micro Court Markham, Ontario TABLE OF CONTENTSOffice Lease • March 11th, 1996 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies • Ontario
EXHIBIT 10-a-2 ACE HARDWARE CORPORATION INTERNATIONAL RETAIL MERCHANT AGREEMENT This Agreement is made and entered into by and between ACE HARDWARE CORPORATION, a Delaware corporation, having its general offices at 2200 Kensington Court, Oak Brook,...Retail Merchant Agreement • March 22nd, 2001 • Ace Hardware Corp • Wholesale-hardware & plumbing & heating equipment & supplies • Illinois
