HEADINGCredit Agreement • November 26th, 1999 • Payless Cashways Inc • Retail-lumber & other building materials dealers • New York
1 Exhibit 4.1(a) AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT ("Amendment No. 1"), dated as of January 31, 2001, by and among Payless Cashways, Inc. ("Borrower"), Congress Financial Corporation...Loan and Security Agreement • February 21st, 2001 • Payless Cashways Inc • Retail-lumber & other building materials dealers • New York
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • October 13th, 1998 • Payless Cashways Inc • Retail-lumber & other building materials dealers • New York
and UBS MORTGAGE FINANCE, INC. as LenderLoan Agreement • February 27th, 1998 • Payless Cashways Inc • Retail-lumber & other building materials dealers • New York
1 Exhibit 4.1 AMENDED AND RESTATED CREDIT AGREEMENT AMENDED AND RESTATED CREDIT AGREEMENT, dated as of November 20, 1995, among PAYLESS CASHWAYS, INC., an Iowa corporation (the "Borrower"), the banks and other financial institutions parties hereto...Credit Agreement • February 22nd, 1996 • Payless Cashways Inc • Retail-lumber & other building materials dealers • New York
RECITALSIndemnification Agreement • October 13th, 1998 • Payless Cashways Inc • Retail-lumber & other building materials dealers • Delaware
1 EXHIBIT 10.2 FORM OF EMPLOYMENT AGREEMENTEmployment Agreement • February 24th, 2000 • Payless Cashways Inc • Retail-lumber & other building materials dealers • Missouri
Dated as of October 3, 1996 amongCredit Agreement • October 8th, 1996 • Payless Cashways Inc • Retail-lumber & other building materials dealers • New York
FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT This First Amendment to Amended and Restated Loan Agreement (this "Amendment"), dated as of the 26th day of February, 1998, by and between PAYLESS CASHWAYS, INC., a Delaware corporation (herein...Loan Agreement • February 26th, 1999 • Payless Cashways Inc • Retail-lumber & other building materials dealers
FORM OF EMPLOYMENT AGREEMENT (Form A)Payless Cashways Inc • April 10th, 2000 • Retail-lumber & other building materials dealers • Missouri
EXHIBIT 4.2 LOAN AND SECURITY AGREEMENT by and among CONGRESS FINANCIAL CORPORATION (CENTRAL) as Lender and Agent for LendersLoan and Security Agreement • November 26th, 1999 • Payless Cashways Inc • Retail-lumber & other building materials dealers • New York
EXHIBIT 10.5 EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into as of August 24, 1998 between PAYLESS CASHWAYS, INC., a Delaware corporation (the "Company"), and LOUISE R. IENNACCARO (the "Executive"). WHEREAS, the Company desires to employ...Employment Agreement • October 13th, 1998 • Payless Cashways Inc • Retail-lumber & other building materials dealers • Missouri
1 Exhibit 4.1 REVOLVING CREDIT AGREEMENT Dated as of July 21, 1997 REVOLVING CREDIT AGREEMENT, dated as of July 21, 1997, among PAYLESS CASHWAYS, INC., an Iowa corporation (the "Borrower"), a debtor and debtor-in-possession in the Case (as hereinafter...Revolving Credit Agreement • October 14th, 1997 • Payless Cashways Inc • Retail-lumber & other building materials dealers
State ________ Site No. ________ EXHIBIT G-2 FORM OF DEED OF TRUST DEED OF TRUST, LEASEHOLD DEED OF TRUST, SECURITY AGREEMENT AND ASSIGNMENT OF LEASES AND RENTSPayless Cashways Inc • October 8th, 1996 • Retail-lumber & other building materials dealers
AMENDMENT NO. 1 TO EXECUTIVE CHANGE-IN-CONTROL AGREEMENT THIS AGREEMENT, made and entered into as of August 20, 1997, between Payless Cashways, Inc., an Iowa corporation (the "Company"), and E.J. Holland, Jr. (the "Executive"). WHEREAS, the Company...Control Agreement • February 27th, 1998 • Payless Cashways Inc • Retail-lumber & other building materials dealers
FORM OF EMPLOYMENT AGREEMENT (Form A)Payless Cashways Inc • February 21st, 2001 • Retail-lumber & other building materials dealers • Missouri
INDEMNIFICATION AGREEMENT This Agreement is between Payless Cashways, Inc. and __________. In this Agreement, "Payless," "we" or "us" refers to Payless Cashways, Inc. and "you" refers to _____________. The glossary attached as Exhibit "A" defines...Indemnification Agreement • February 24th, 2000 • Payless Cashways Inc • Retail-lumber & other building materials dealers • Delaware
HEADINGCredit Agreement • February 27th, 1998 • Payless Cashways Inc • Retail-lumber & other building materials dealers • New York
State _______ Site No. _______ EXHIBIT G-1 ----------- FORM OF MORTGAGE ---------------- MORTGAGE, LEASEHOLD MORTGAGE, SECURITY AGREEMENT AND ASSIGNMENT OF LEASES AND RENTS Mortgagor: PAYLESS CASHWAYS, INC. 2300 Main Street Kansas City, Missouri 64108...Payless Cashways Inc • October 8th, 1996 • Retail-lumber & other building materials dealers
EXHIBIT 10.2 EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into as of Agust 25, 1998 between PAYLESS CASHWAYS, INC., a Delaware corporation (the "Company"), and RICHARD G. LUSE (the "Executive"). WHEREAS, the Company desires to employ the...Employment Agreement • October 13th, 1998 • Payless Cashways Inc • Retail-lumber & other building materials dealers • Missouri
Exhibit C to Revolving Credit Agreement SECURITY AND PLEDGE AGREEMENT SECURITY AND PLEDGE AGREEMENT (the "Agreement"), dated as of July 21, 1997, by and between PAYLESS CASHWAYS, INC., an Iowa corporation (the "Grantor"), a debtor and...Security and Pledge Agreement • October 14th, 1997 • Payless Cashways Inc • Retail-lumber & other building materials dealers • New York
COVER UBS EXHIBIT D-2 FORM OF SECOND DEED OF TRUSTPayless Cashways Inc • February 27th, 1998 • Retail-lumber & other building materials dealers
SEVERANCE AGREEMENT, RESIGNATION, AND FULL GENERAL RELEASE This Settlement Agreement, Resignation, and Release ("Agreement") is made and entered into on January 21, 1998 by and between PAYLESS CASHWAYS, INC. ("PAYLESS") and Stephen A. Lightstone...Severance Agreement • April 14th, 1998 • Payless Cashways Inc • Retail-lumber & other building materials dealers • Missouri
State: Site No(s).: --------- ------ AMENDED AND RESTATED MORTGAGE, LEASEHOLD MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILING Mortgagor: PAYLESS CASHWAYS, INC. 2300 Main Street Kansas City, Missouri 64108 Mortgagee:...Payless Cashways Inc • February 27th, 1998 • Retail-lumber & other building materials dealers
RECITALSIndemnification Agreement • April 14th, 1998 • Payless Cashways Inc • Retail-lumber & other building materials dealers • Delaware
AGREEMENT AND PLAN OF MERGER This AGREEMENT AND PLAN OF MERGER ("Merger Agreement") is made and entered into pursuant to Delaware General Corporate Law ss.253 and Iowa Business Corporate Act ss. 490.1107 as of the 26th day of November, 1997, by and...Agreement and Plan of Merger • December 2nd, 1997 • Payless Cashways Inc • Retail-lumber & other building materials dealers • Delaware
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into as of August 20, 1997, between Payless Cashways, Inc., an Iowa corporation (the "Company"), and David Stanley (the "Executive"). WHEREAS, the Company and the Executive have...Employment Agreement • February 27th, 1998 • Payless Cashways Inc • Retail-lumber & other building materials dealers
SECOND MORTGAGE, LEASEHOLD MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILINGPayless Cashways Inc • February 27th, 1998 • Retail-lumber & other building materials dealers
1 Exhibit 10.3 AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into as of the 30th day of June, 1997, between Payless Cashways, Inc., an Iowa corporation (the "Company"), and G. Michael Buchen (the "Executive"). WHEREAS, the...Employment Agreement • October 14th, 1997 • Payless Cashways Inc • Retail-lumber & other building materials dealers
AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into as of August 20, 1997, between Payless Cashways, Inc., an Iowa corporation (the "Company"), and Stephen A. Lightstone (the "Executive"). WHEREAS, the Company and the...Employment Agreement • February 27th, 1998 • Payless Cashways Inc • Retail-lumber & other building materials dealers
AMENDED AND RESTATED BORROWER SECURITY AGREEMENT AMENDED AND RESTATED BORROWER SECURITY AGREEMENT, dated as of October 3, 1996, between PAYLESS CASHWAYS, INC., an Iowa corporation (the "Borrower"), and CANADIAN IMPERIAL BANK OF COMMERCE, NEW YORK...Borrower Security Agreement • October 8th, 1996 • Payless Cashways Inc • Retail-lumber & other building materials dealers
FORM OF EMPLOYMENT AGREEMENTForm of Employment Agreement • February 26th, 1999 • Payless Cashways Inc • Retail-lumber & other building materials dealers • Missouri
SETTLEMENT AGREEMENT, RESIGNATION, AND FULL GENERAL RELEASE This Settlement Agreement, Resignation, and Release ("Agreement") is made and entered into on January 6, 1998 by and between PAYLESS CASHWAYS, INC. ("PAYLESS") and SUSAN M. STANTON ("...Settlement Agreement • April 14th, 1998 • Payless Cashways Inc • Retail-lumber & other building materials dealers • Missouri
1 Exhibit 10.1 AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into as of the 30th day of June, 1997, between Payless Cashways, Inc., an Iowa corporation (the "Company"), and Susan M. Stanton (the "Executive"). WHEREAS, the...Employment Agreement • October 14th, 1997 • Payless Cashways Inc • Retail-lumber & other building materials dealers
SETTLEMENT AGREEMENT, RESIGNATION, AND FULL GENERAL RELEASE This Settlement Agreement, Resignation, and Release ("Agreement") is made and entered into on January 5, 1998 by and between PAYLESS CASHWAYS, INC. ("PAYLESS") and DAVID STANLEY ("STANLEY")....Settlement Agreement • April 14th, 1998 • Payless Cashways Inc • Retail-lumber & other building materials dealers • Missouri
