SECTION 1. DEFINITIONS............................................................. 1 1.1 Defined Terms......................................................... 1 1.2 Other Definitional Provisions.........................................20 SECTION 2....Credit Agreement • December 15th, 1999 • Kmart Corp • Retail-variety stores • New York
EXHIBIT 10uu EXECUTION COPY EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into as of April 8, 2002 (the "Effective Date"), by and between Kmart Corporation, a Michigan corporation (together with its successors and assigns permitted under this...Employment Agreement • May 15th, 2002 • Kmart Corp • Retail-variety stores • Michigan
EXHIBIT 1 KMART CORPORATION 8 3/8% Notes Due 2004 UNDERWRITING AGREEMENT December 8, 1999 December 8, 1999 Morgan Stanley & Co. Incorporated Chase Securities Inc. As Representatives of the Underwriters c/o Morgan Stanley & Co. Incorporated 1585...Underwriting Agreement • December 17th, 1999 • Kmart Corp • Retail-variety stores • New York
EXHIBIT 10ss EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into by and between KMART CORPORATION, a Michigan corporation (together with its successors and assigns permitted under this Agreement, the "Company"), and Mark Schwartz (the...Employment Agreement • May 15th, 2002 • Kmart Corp • Retail-variety stores • Michigan
EXHIBIT 4.9 February 21, 2003 ESL Investments, Inc. One Lafayette Place Greenwich, Connecticut 06830 Third Avenue Trust 767 Third Avenue New York, New York 10019 Gentlemen: Reference is made to the Investment Agreement, dated as of January 24, 2003...Kmart Corp • March 24th, 2003 • Retail-variety stores
1 EXHIBIT 1Joint Filing Agreement • September 26th, 2001 • Kmart Corp • Retail-variety stores
1 EXHIBIT 99.39 THIRD AMENDMENT TO LOAN AGREEMENT This Third Amendment to Loan Agreement (this "Amendment") is dated as of December 20, 1994 and is made by and among the "Borrowers" (as hereinafter defined), the undersigned financial institutions...Loan Agreement • November 14th, 1995 • Kmart Corp • Retail-variety stores • New York
EXHIBIT 10.2 EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into as of June 3, 2002 (the "Effective Date"), by and between Kmart Corporation, a Michigan corporation (together with its successors and assigns permitted under this Agreement, the...Employment Agreement • September 16th, 2002 • Kmart Corp • Retail-variety stores • Michigan
EXHIBIT 10aa AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into by and between KMART CORPORATION, a Michigan corporation (together with its successors and assigns permitted under this Agreement, the "Company"), and Cecil...Employment Agreement • May 15th, 2002 • Kmart Corp • Retail-variety stores • Michigan
EXHIBIT 10ee EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into by and between KMART CORPORATION, a Michigan corporation (together with its successors and assigns permitted under this Agreement, the "Company"), and Ronald Hutchison (the...Employment Agreement • May 15th, 2002 • Kmart Corp • Retail-variety stores • Michigan
1 EXHIBIT 99.42 FIRST AMENDMENT TO LOAN AGREEMENT This First Amendment to Loan Agreement (this "Amendment") is dated as of December 20, 1994 and is made by and among the "Borrowers" (as hereinafter defined), the undersigned financial institutions...Loan Agreement • November 14th, 1995 • Kmart Corp • Retail-variety stores • New York
EXHIBIT 10y AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into by and between KMART CORPORATION, a Michigan corporation (together with its successors and assigns permitted under this Agreement, the "Company"), and Tony...Employment Agreement • May 15th, 2002 • Kmart Corp • Retail-variety stores • Michigan
1 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT -------------------- This First Amendment to the Employment Agreement made as of June 4, 1995 (the "Agreement") between Kmart Corporation, a Michigan corporation (together with its successors and assigns...Stock Option Agreement • December 7th, 1998 • Kmart Corp • Retail-variety stores • Michigan
2- 3 all other amounts, if any, then due and owing with respect to this Note or pursuant to the terms of the Indenture.Kmart Corp • November 14th, 1995 • Retail-variety stores
EXHIBIT 99.30 FIRST AMENDMENT TO TRUST AGREEMENT This First Amendment to Trust Agreement ("Amendment") is entered into as of this 14th day of April, 1994, by and among XXXXXXXXXX, a Nevada corporation, as Seller, XXXXXXXXXX, a New York banking...Trust Agreement • November 14th, 1995 • Kmart Corp • Retail-variety stores • New York
WITNESSETH:Separation Agreement • May 15th, 2002 • Kmart Corp • Retail-variety stores • Michigan
Mortgage Pass-Through Certificates (Kmart Corporation Power Center - Utica, Michigan Project) Series 1992 2Trust Agreement • November 14th, 1995 • Kmart Corp • Retail-variety stores • New York
1 EXHIBIT 99.40 GUARANTY AGREEMENT dated as of January 21, 1992Guaranty Agreement • November 14th, 1995 • Kmart Corp • Retail-variety stores • New York
EXHIBIT 10ff EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into as of April 9, 2002 (the "Effective Date") by and between Kmart Corporation, a Michigan corporation (together with its successors and assigns permitted under this Agreement, the...Employment Agreement • May 15th, 2002 • Kmart Corp • Retail-variety stores • Michigan
EXHIBIT 10ww LICENSE AGREEMENT THIS AGREEMENT made and entered into from this 26th day of October 2000, by and between KMART OF MICHIGAN, INC. (Licensor"), a Michigan corporation, having its sole place of business at 3250 West Big Beaver Road, Suite...License Agreement • May 15th, 2002 • Kmart Corp • Retail-variety stores • Michigan
EXHIBIT 4.1 INVESTMENT AGREEMENTInvestment Agreement • January 28th, 2003 • Kmart Corp • Retail-variety stores • Delaware
KMART CORPORATION, Issuer AND THE BANK OF NEW YORK, Trustee INDENTUREIndenture • September 17th, 2001 • Kmart Corp • Retail-variety stores • New York
KMART CORPORATION, Issuer and THE BANK OF NEW YORK, TrusteeKmart Corp • September 17th, 2001 • Retail-variety stores • New York
1 EXHIBIT 99.5 CONFORMED COPY TRUST INDENTURE Dated as of January 1, 1992Kmart Corp • November 14th, 1995 • Retail-variety stores • Michigan
Exhibit 1.1 KMART CORPORATION 9 7/8% NOTES DUE 2008 PURCHASE AGREEMENTKmart Corp • September 17th, 2001 • Retail-variety stores • New York
ARTICLE II TRUST INDENTURE ACTPreferred Securities Guarantee Agreement • March 22nd, 1996 • Kmart Corp • Retail-variety stores • New York
AGREEMENTConfidential Treatment • May 17th, 2001 • Kmart Corp • Retail-variety stores • Michigan
EXHIBIT 99.29 TRUST AGREEMENTTrust Agreement • November 14th, 1995 • Kmart Corp • Retail-variety stores • New York
amongCredit Agreement • November 6th, 1995 • Kmart Corp • Retail-variety stores • New York
1 EXHIBIT 99.11 THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), OR THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE OFFERED OR SOLD OR OTHERWISE TRANSFERRED IN THE ABSENCE OF SUCH...Kmart Corp • November 14th, 1995 • Retail-variety stores
1 EXHIBIT 99.8 THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), OR THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE OFFERED OR SOLD OR OTHERWISE TRANSFERRED IN THE ABSENCE OF SUCH...Kmart Corp • November 14th, 1995 • Retail-variety stores
WITNESSETH:Services Agreement • May 15th, 2002 • Kmart Corp • Retail-variety stores • Michigan
1 EXHIBIT 99.38 SECOND AMENDMENT TO LOAN AGREEMENT This Second Amendment dated as of February 14, 1992 (this "Amendment"), is entered into by and among the Borrowers, the undersigned financial institutions and XXXXXXXXXX, as Managing Agent....Loan Agreement • November 14th, 1995 • Kmart Corp • Retail-variety stores • New York
WITNESSETH:Credit and Guaranty Agreement • March 24th, 2003 • Kmart Corp • Retail-variety stores
Exhibit 4.5 KMART CORPORATION 9-7/8% NOTES DUE 2008 REGISTRATION RIGHTS AGREEMENTKmart Corp • September 17th, 2001 • Retail-variety stores • New York
