ARTICLE I 1 1.1 Definitions. 1 1.2 Interpretation. 2 ARTICLE II 2 2.1 Property. 2 2.2 Lease Term. 2 2.3 Title. 3 2.4 Lease Supplements. 3 ARTICLE III 3 3.1 Rent. 3 3.2 Payment of Basic Rent. 3 3.3 Supplemental Rent. 3 3.4 Performance on a Non-Business...Lease Agreement • October 18th, 2000 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • New York
Contract Type FiledOctober 18th, 2000 Company Industry Jurisdiction
Exhibit 99.1 Amendment No. 2, dated October 15, 2004, to the Amended and Restated Loan and Security Agreement, by and among the Company, Congress Financial Corporation, as Agent, and the other partiesLoan and Security Agreement • December 3rd, 2004 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • New York
Contract Type FiledDecember 3rd, 2004 Company Industry Jurisdiction
andRights Agreement • December 8th, 1997 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • Pennsylvania
Contract Type FiledDecember 8th, 1997 Company Industry Jurisdiction
Exhibit 1.2 THE PEP BOYS -- MANNY, MOE & JACK Debt Securities UNDERWRITING AGREEMENT 1. Introductory. The Pep Boys -- Manny, Moe & Jack, a Pennsylvania corporation (the "Company"), proposes to issue and sell from time to time certain of its unsecured...Underwriting Agreement • February 17th, 1998 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • Delaware
Contract Type FiledFebruary 17th, 1998 Company Industry Jurisdiction
Exhibit No. 99.1 Employment Agreement between The Pep Boys-Manny, Moe & Jack and George Babich, Jr. dated July 23, 2004. EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT is made by and between THE PEP BOYS-MANNY, MOE & JACK, a Pennsylvania corporation...Employment Agreement • August 12th, 2004 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • Pennsylvania
Contract Type FiledAugust 12th, 2004 Company Industry Jurisdiction
EXHIBIT 4.4 THE PEP BOYS - MANNY, MOE & JACK,Pep Boys Manny Moe & Jack • August 16th, 2002 • Retail-auto & home supply stores • New York
Company FiledAugust 16th, 2002 Industry Jurisdiction
Debt Securities (Title of the indenture securities) --------------------------- -----------------------------------------------------Pep Boys Manny Moe & Jack • February 17th, 1998 • Retail-auto & home supply stores
Company FiledFebruary 17th, 1998 Industry
AMENDMENT NO. 1Credit Agreement • December 23rd, 1998 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • New York
Contract Type FiledDecember 23rd, 1998 Company Industry Jurisdiction
DRAFT 2/5/98 $200,000,000 THE PEP BOYS - MANNY, MOE & JACK Medium-Term Notes DISTRIBUTION AGREEMENTDistribution Agreement • February 6th, 1998 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • Delaware
Contract Type FiledFebruary 6th, 1998 Company Industry Jurisdiction
TO Trustee IndentureIndenture • July 8th, 1997 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • New York
Contract Type FiledJuly 8th, 1997 Company Industry Jurisdiction
AMENDMENT NO. 2 AMENDMENT NO. 2 dated as of July 31, 1998 to the AMENDED AND RESTATED CREDIT AGREEMENT dated as of April 21, 1995 among THE PEP BOYS - MANNY, MOE & JACK, the Banks signatory thereto and THE CHASE MANHATTAN BANK, as Agent.Credit Agreement • December 23rd, 1998 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • New York
Contract Type FiledDecember 23rd, 1998 Company Industry Jurisdiction
Exhibit 10.52 AMENDMENT NO. 5 AMENDMENT NO. 5 dated as of July 23, 1999 to the AMENDED AND RESTATED CREDIT AGREEMENT dated as of April 21, 1995 among THE PEP BOYS - MANNY, MOE & JACK, the Banks signatory thereto and THE CHASE MANHATTAN BANK, as Agent....Credit Agreement • September 13th, 1999 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • New York
Contract Type FiledSeptember 13th, 1999 Company Industry Jurisdiction
EXHIBIT 1.1 THE PEP BOYS - MANNY, MOE & JACK 4.25% Convertible Senior Notes due June 1, 2007 PURCHASE AGREEMENTPurchase Agreement • August 16th, 2002 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • New York
Contract Type FiledAugust 16th, 2002 Company Industry Jurisdiction
EXHIBIT 4.5 The Pep Boys - Manny, Moe & Jack 4.25% Convertible Senior Notes due June 1, 2007 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 16th, 2002 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • New York
Contract Type FiledAugust 16th, 2002 Company Industry Jurisdiction
AMENDMENT NO. 3Credit Agreement • December 23rd, 1998 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • New York
Contract Type FiledDecember 23rd, 1998 Company Industry Jurisdiction
ARTICLE IA AMENDMENT AND RESTATEMENT 1 ARTICLE I 2 1.1 Definitions. 2 1.2 Interpretation. 2 ARTICLE II 2 2.1 Property. 2 2.2 Lease Term. 2 2.3 Title. 2 2.4 Lease Supplements. 3 ARTICLE III 3 3.1 Rent. 3 3.2 Payment of Basic Rent. 3 3.3 Supplemental...Lease Agreement • September 16th, 2003 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • New York
Contract Type FiledSeptember 16th, 2003 Company Industry Jurisdiction
Exhibit 10.44 FIFTH AMENDMENT TO TRANSACTION AGREEMENT (1995 Pep Boys Leased Property Facility) This FIFTH AMENDMENT TO TRANSACTION AGREEMENT dated as of the 21st day of January, 1999 (this "Amendment"), is entered into by and among THE PEP BOYS -...Transaction Agreement • April 30th, 1999 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores
Contract Type FiledApril 30th, 1999 Company Industry
THE PEP BOYS -- MANNY, MOE & JACK ___% Notes Due 2006 UNDERWRITING AGREEMENTPep Boys Manny Moe & Jack • February 22nd, 1996 • Retail-auto & home supply stores • New York
Company FiledFebruary 22nd, 1996 Industry Jurisdiction
THE PEP BOYS - MANNY, MOE & JACK AMENDED AND RESTATED CREDIT AGREEMENT Dated as of April 21, 1995 THE CHASE MANHATTAN BANK (NATIONAL ASSOCIATION) as Agent AMENDED AND RESTATED CREDIT AGREEMENT dated as of April 21, 1995 between: THE PEP BOYS - MANNY,...Credit Agreement • December 23rd, 1998 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • New York
Contract Type FiledDecember 23rd, 1998 Company Industry Jurisdiction
RECITALSMaster Lease • April 30th, 1999 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores
Contract Type FiledApril 30th, 1999 Company Industry
Exhibit 10.2 Participation Agreement, dated as of August 1, 2003, among the Company, Wachovia Development Corporation, as the Borrower and the Lessor, the Lenders and Wachovia Bank, National Association, as Agent for the Lenders and Secured Parties....Participation Agreement • September 16th, 2003 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • New York
Contract Type FiledSeptember 16th, 2003 Company Industry Jurisdiction
CREDIT AGREEMENTCredit Agreement • April 15th, 2009 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • New York
Contract Type FiledApril 15th, 2009 Company Industry JurisdictionThe 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.
SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT by and among THE PEP BOYS - MANNY, MOE & JACK THE PEP BOYS MANNY MOE & JACK OF CALIFORNIA PEP BOYS - MANNY, MOE & JACK OF DELAWARE, INC. PEP BOYS - MANNY, MOE & JACK OF PUERTO RICO, INC. as...Loan and Security Agreement • July 2nd, 2007 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • New York
Contract Type FiledJuly 2nd, 2007 Company Industry JurisdictionThis Second Amended and Restated Loan and Security Agreement dated June 29, 2007 is entered into by and among The Pep Boys - Manny, Moe & Jack, a Pennsylvania corporation (“Pep Boys”), The Pep Boys Manny Moe & Jack of California, a California corporation (“PBY-California”), Pep Boys - Manny Moe & Jack of Delaware, Inc., a Delaware corporation (“PBY-Delaware”), and Pep Boys - Manny, Moe & Jack of Puerto Rico, Inc., a Delaware corporation (“PBY-Puerto Rico”; and together with Pep Boys, PBY, PBY-California and PBY-Delaware, each individually, a “Borrower” and collectively, “Borrowers”), PBY Corporation, a Delaware corporation (“PBY”) and Carrus Supply Corporation, a Delaware corporation (“Carrus” and, together with PBY, each individually, a “Guarantor” and collectively, “Guarantors”), the financial institutions from time to time parties hereto as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders”) and
TOPep Boys Manny Moe & Jack • February 17th, 1998 • Retail-auto & home supply stores • New York
Company FiledFebruary 17th, 1998 Industry Jurisdiction
Exhibit 10.7 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT was originally made as of September 14, 1988, was amended from time to time subsequent to that date, and is hereby amended and restated in its entirety as of June 3, 1998 (the Restatement...Employment Agreement • December 15th, 1998 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • Pennsylvania
Contract Type FiledDecember 15th, 1998 Company Industry Jurisdiction
The Pep Boys -- Manny, Moe & Jack Pension PlanPep Boys Manny Moe & Jack • April 29th, 1998 • Retail-auto & home supply stores • Pennsylvania
Company FiledApril 29th, 1998 Industry Jurisdiction
CAPTION] MASTER LEASEMaster Lease • June 16th, 1997 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • Pennsylvania
Contract Type FiledJune 16th, 1997 Company Industry Jurisdiction
TO Trustee IndenturePep Boys Manny Moe & Jack • July 8th, 1997 • Retail-auto & home supply stores • New York
Company FiledJuly 8th, 1997 Industry Jurisdiction
Exhibit 10.6 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT is made by and between THE PEP BOYS - MANNY, MOE & JACK, a Pennsylvania corporation (the "Corporation"), and _______________ (the "Executive"), dated as of the __ day of June, 1998, and...Employment Agreement • December 15th, 1998 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • Pennsylvania
Contract Type FiledDecember 15th, 1998 Company Industry Jurisdiction
July 31, 1998Pep Boys Manny Moe & Jack • September 15th, 1998 • Retail-auto & home supply stores
Company FiledSeptember 15th, 1998 Industry
RECITALSMaster Lease • December 15th, 1998 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores
Contract Type FiledDecember 15th, 1998 Company Industry
TABLE OF CONTENTSTransaction Agreement • June 16th, 1997 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • Pennsylvania
Contract Type FiledJune 16th, 1997 Company Industry Jurisdiction
Exhibit 10.1 EXECUTION COPY $90,000,000 CREDIT AGREEMENT, dated as of June 29, 2001, among THE PEP BOYS - MANNY, MOE & JACK as the Borrower, and CERTAIN FINANCIAL INSTITUTIONS, as the Lenders, and GMAC BUSINESS CREDIT, LLC, as Lead Arranger,...Credit Agreement • July 13th, 2001 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores
Contract Type FiledJuly 13th, 2001 Company Industry
AGREEMENT AND PLAN OF MERGER BY AND AMONG ICAHN ENTERPRISES HOLDINGS L.P., IEP PARTS ACQUISITION LLC AND THE PEP BOYS – MANNY, MOE & JACK DATED AS OF DECEMBER 30, 2015Agreement and Plan of Merger • December 30th, 2015 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • Pennsylvania
Contract Type FiledDecember 30th, 2015 Company Industry JurisdictionTHIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of December 30, 2015, by and among Icahn Enterprises Holdings L.P., a Delaware limited partnership (“Parent”), IEP Parts Acquisition LLC, a Delaware limited liability company (“Merger Sub”) and wholly-owned subsidiary of Parent, and The Pep Boys – Manny, Moe & Jack, a Pennsylvania corporation (the “Company”). Parent, Merger Sub and the Company are each referred to herein as a “Party” and collectively as the “Parties.”
AMENDMENT NUMBER ONERights Agreement • August 21st, 2006 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores
Contract Type FiledAugust 21st, 2006 Company IndustryAmendment Number One (the “Amendment”), dated as of August 17, 2006, between The Pep Boys – Manny, Moe & Jack, a Pennsylvania corporation (the “Company”), and American Stock Transfer & Trust Company (“AST”), as rights agent (“Rights Agent”), to that certain Rights Agreement (the “Agreement”), dated as of December 5, 1997, between the parties.