SEVERANCE AGREEMENTSeverance Agreement • April 30th, 1999 • Gottschalks Inc • Retail-department stores • California
ARTICLE I DEFINITIONSAsset Purchase Agreement • April 28th, 2000 • Gottschalks Inc • Retail-department stores • Washington
GOTTSCHALKS CREDIT RECEIVABLES CORPORATION Depositor GOTTSCHALKS INC. Servicer and BANKERS TRUST COMPANY Trustee _________________________________________ POOLING AND SERVICING AGREEMENT Dated as of March 1, 1999...Pooling and Servicing Agreement • April 30th, 1999 • Gottschalks Inc • Retail-department stores • New York
Purchaser and GOTTSCHALKS INC. Seller AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT Dated as of March 1, 1999Receivables Purchase Agreement • April 30th, 1999 • Gottschalks Inc • Retail-department stores • New York
FORBEARANCE AGREEMENT This Forbearance Agreement (this "Forbearance Agreement") is entered into as of the 11th day of December, 1995, by and between Fleet Capital Corporation, formerly known as Shawmut Capital Corporation, a Connecticut corporation,...Forbearance Agreement • December 12th, 1995 • Gottschalks Inc • Retail-department stores
LA1:909134.10 GOTTSCHALKS CREDIT CARD MASTER TRUST AMENDMENT NO. 1Pooling and Servicing Agreement • April 18th, 2001 • Gottschalks Inc • Retail-department stores
EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT THIS EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT ("Eighth Amendment") is entered into as of October 11, 1995 by and between Shawmut Capital Corporation, a Connecticut corporation, as...Loan and Security Agreement • December 12th, 1995 • Gottschalks Inc • Retail-department stores
AMENDMENT NO. 1 TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • August 7th, 2000 • Gottschalks Inc • Retail-department stores • Washington
EXECUTIVE EMPLOYMENT AGREEMENT This employment agreement (the "Agreement") is made and entered into as of June 25th, 1999 by and between Gottschalks Inc., a Delaware corporation (the "Company"), and James Famalette, (the "Employee"). Recitals A. Prior...Executive Employment Agreement • September 14th, 1999 • Gottschalks Inc • Retail-department stores • California
SEVENTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 28th, 2000 • Gottschalks Inc • Retail-department stores • California
ContractCredit Agreement • February 7th, 2002 • Gottschalks Inc • Retail-department stores
This CREDIT AGREEMENT (this "Agreement"), dated as of January 31, 2002 among GOTTSCHALKS INC., a Delaware corporation ("Borrower"); the other Credit Parties signatory hereto; GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, "GE Capital"), for itself, as Lender, and as Agent for Lenders, and the other Lenders signatory hereto from time to time and THE CIT GROUP/BUSINESS CREDIT, INC., as Syndication Agent.
STORE LEASE AGREEMENT by and between EL CORTE INGLES, S.A., as "Landlord"Store Lease Agreement • September 3rd, 1998 • Gottschalks Inc • Retail-department stores • California
ARTICLE 3 Voting Rights 9 Section 3.1 Gottschalks Common Stock - Voting Rights and Obligations 9 Section 3.2 Management Registration Rights 9 ARTICLE 4 Restrictions on Transfer 9 Section 4.1 Restrictions on Transfer 9 Section 4.2 Notification of...Stockholders' Agreement • September 3rd, 1998 • Gottschalks Inc • Retail-department stores • Delaware
First AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 1st, 2002 • Gottschalks Inc • Retail-department stores • New York
FIRST AMENDMENT, dated as of February 22, 2002 (this "Amendment"), to the Credit Agreement referred to below, is entered by and among GOTTSCHALKS INC., a Delaware corporation ("Borrower"); GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, "GE Capital"), for itself, as a Lender, and as Agent for Lenders; and The CIT GROUP/BUSINESS CREDIT INC. dba Tyco Capital, as a Lender.
Gottschalks Inc. 7 River Park Place East Fresno, California 93729 Attention: James R. Famalette, Chairman and Chief Executive Officer Re: First Amendment to Asset Purchase Agreement Dear Sir:Gottschalks Inc • June 16th, 2009 • Retail-department stores • Delaware
Reference is made to that certain Asset Purchase Agreement, dated as of May 20, 2009 (the "APA"), by and between Gottschalks Inc., a Delaware corporation (the "Company") and Forever 21 Retail, Inc., a California corporation (the "Buyer"). Section 12.8 of the APA provides in part that the APA may be amended or modified only by a written instrument executed by the parties thereto. In connection with the foregoing, each of the Company and the Buyer has determined that it is desirable to amend the APA as set forth in this letter agreement (this "Amendment"). Therefore, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company and the Buyer hereby agree as follows:
EXECUTION COPY] GOTTSCHALKS CREDIT RECEIVABLES CORPORATION Depositor GOTTSCHALKS INC. Servicer and BANKERS TRUST COMPANY Trustee SERIES 1996-1 SUPPLEMENT Dated as of November 1, 1996 to POOLING AND SERVICING AGREEMENT Dated as of March 30, 1994...Pooling and Servicing Agreement • December 17th, 1996 • Gottschalks Inc • Retail-department stores • New York
SEVERANCE AGREEMENTSeverance Agreement • March 31st, 2008 • Gottschalks Inc • Retail-department stores • California
This Severance Agreement (this "Agreement"), is made as of this,_______day of _______________, 2008, by and between Gottschalks Inc., a Delaware corporation ("Company") and _____________________, an individual ("Employee").
REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (this "Agreement") is made and entered into as of August 20, 1998, between Gottschalks Inc., a Delaware corporation ("Gottschalks"), and The Harris Company, a California corporation...Registration Rights Agreement • September 3rd, 1998 • Gottschalks Inc • Retail-department stores • California
CREDIT CARD PROGRAM AGREEMENTCredit Card Program Agreement • February 4th, 2003 • Gottschalks Inc • Retail-department stores • New York
This Credit Card Program Agreement ("Agreement") is made and entered into as of the 30th day of January, 2003, by and between Household Bank (SB), N.A. (herein "Household"), with its principal place of business at 1111 Town Center Drive, Las Vegas, NV 89144 and Gottschalks Inc., a Delaware corporation (herein "Merchant"), with its principal place of business at 7 River Park Place East, Fresno, California 93720. In consideration of the mutual promises, covenants, and agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Merchant and Household agree as follows:
LA01/LINDR/165352.3 3 EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 13th, 2000 • Gottschalks Inc • Retail-department stores • California
PURCHASE AND SALE AGREEMENT AMONG GOTTSCHALKS CREDIT RECEIVABLES CORPORATION, GOTTSCHALKS INC. AND HOUSEHOLD BANK (SB), N.A. Dated as of January 30, 2003Purchase and Sale Agreement • February 4th, 2003 • Gottschalks Inc • Retail-department stores • New York
Consent and Fourth AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 4th, 2003 • Gottschalks Inc • Retail-department stores • New York
CONSENT AND FOURTH AMENDMENT, dated as of January 30, 2003 (this "Agreement"), to the Credit Agreement referred to below, is entered into by and among GOTTSCHALKS INC., a Delaware corporation ("Borrower"); GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, "GE Capital"), for itself, as a Lender, and as Agent for Lenders; The CIT GROUP/BUSINESS CREDIT, INC., as a Lender; LASALLE RETAIL FINANCE, a division of LASALLE BUSINESS CREDIT, INC, as agent for STANDARD FEDERAL BANK NATIONAL ASSOCIATION, as a Lender; and FOOTHILL CAPITAL CORPORATION, as a Lender.
ACKNOWLEDGMENT, RELEASE and AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 4th, 2003 • Gottschalks Inc • Retail-department stores • New York
ACKNOWLEDGMENT, RELEASE AND AMENDMENT TO CREDIT AGREEMENT, dated as of January 30, 2003 (this "Agreement"), to the Credit Agreement referred to below, is entered into by and among GOTTSCHALKS INC., a Delaware corporation ("Borrower"); KIMCO CAPITAL CORP., a Delaware corporation (in its individual capacity, "Kimco"), for itself, as a Lender, and as Agent for Lenders (the "Agent"); and the other Lenders party thereto from time to time.
CONSENT AND AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 4th, 2008 • Gottschalks Inc • Retail-department stores • New York
This CONSENT AND AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of July 24, 2008 (this "Amendment"), is entered into by and among GOTTSCHALKS INC., a Delaware corporation ("Borrower"), GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, for itself, as a Lender, and as Agent for Lenders; THE CIT GROUP/BUSINESS CREDIT, INC., for itself, as a Lender, and as syndication agent for the Lenders ("Syndication Agent"); and the other Lenders signatory hereto.
SEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • May 6th, 2003 • Gottschalks Inc • Retail-department stores • New York
This SEVENTH AMENDMENT, dated as of May 2, 2003 (this "Amendment"), to the Credit Agreement referred to below, is entered into by and among GOTTSCHALKS INC., a Delaware corporation ("Borrower"), GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, "GE Capital"), for itself, as a Lender, and as Agent for Lenders, THE CIT GROUP/BUSINESS CREDIT, INC., as a Lender, LASALLE RETAIL FINANCE, a division of LASALLE BUSINESS CREDIT, LLC, as agent for STANDARD FEDERAL BANK NATIONAL ASSOCIATION, as a Lender, and FOOTHILL CAPITAL CORPORATION, as a Lender.
AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • March 19th, 2007 • Gottschalks Inc • Retail-department stores
This Amendment to Executive Employment Agreement (the "Amendment") is made and entered into as of ____________, 2007, by and between Gottschalks, Inc., a Delaware corporation (the "Company"), and James Famalette (the "Employee").
EXHIBIT H REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (this "Agreement") is made and entered into as of ____________, 1998, between Gottschalks Inc., a Delaware corporation ("Gottschalks"), and The Harris Company, a California...Registration Rights Agreement • August 7th, 1998 • Gottschalks Inc • Retail-department stores • California
JOINT FILING AGREEMENTJoint Filing Agreement • February 28th, 2002 • Gottschalks Inc • Retail-department stores
JOINT FILING AGREEMENT (this "Agreement"), dated as of February 28, 2002, among the Harris Company, El Corte Ingles, S.A., Joseph Levy and Bret Levy (collectively, the "Joint Filers").
INTERIM SERVICING AGREEMENT by and among GOTTSCHALKS INC. and HOUSEHOLD BANK (SB), N.A. Dated as of January 30, 2003 INTERIM SERVICING AGREEMENTInterim Servicing Agreement • February 4th, 2003 • Gottschalks Inc • Retail-department stores • New York
This Interim Servicing Agreement (this "Agreement") is made and entered into as of January 30, 2003, by and among Household Bank (SB), N.A., a national banking association ("Buyer"), and Gottschalks Inc. ("Servicer").
SIXTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 5th, 2003 • Gottschalks Inc • Retail-department stores • New York
This SIXTH AMENDMENT, dated as of February 28, 2003 (this "Amendment"), to the Credit Agreement referred to below, is entered into by and among GOTTSCHALKS INC., a Delaware corporation ("Borrower"); GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, "GE Capital"), for itself, as a Lender, and as Agent for Lenders; The CIT GROUP/BUSINESS CREDIT, INC., as a Lender; LASALLE RETAIL FINANCE, a division of LASALLE BUSINESS CREDIT, LLC, as agent for STANDARD FEDERAL BANK NATIONAL ASSOCIATION, as a Lender; and FOOTHILL CAPITAL CORPORATION, as a Lender.
FORBEARANCE AGREEMENT This Forbearance Agreement (this "Forbearance Agreement") is entered into as of the 19th day of November, 1996, by and between Fleet Capital Corporation, a Rhode Island corporation ("Lender"), and Gottschalks Inc., a Delaware...Forbearance Agreement • December 17th, 1996 • Gottschalks Inc • Retail-department stores
SECOND EXTENSION NOTICE AND AGREEMENTSecond Extension Notice and Agreement • June 18th, 2002 • Gottschalks Inc • Retail-department stores
This Second Extension Notice and Agreement (this "Agreement") is entered into on this 30th day of May 2002, by and among Gottschalks Credit Receivables Corporation ("GCRC") in its capacity as Depositor under the Amended and Restated Series 2000-1 Supplement ("the "2000-1 Supplement") dated November 15, 2001 to the Pooling and Servicing Agreement dated March 1, 1999, as amended (the "Pooling and Servicing Agreement"), Gottschalks Inc. ("Gottschalks") in its capacity as Servicer under the 2000-1 Supplement, DEUTSCHE BANK TRUST COMPANY AMERICAS (f/k/a Bankers Trust Company) in its capacity as Trustee under the 2000-1 Supplement (the "Trustee"), Warehouse Line Advisors Inc. ("Warehouse") in its capacity as holder (through its nominee, Tice & Co.) of 50% of the Variable Base Certificates and Bank Hapoalim B.M. ("Hapoalim" and together with Warehouse, the "Holders") in its capacity as holder of 50% of the Variable Base Certificates (GCRC, Gottschalks, the Trustee and the Holders, collectivel
AMENDMENT TO AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • February 4th, 2003 • Gottschalks Inc • Retail-department stores
THIS AMENDMENT TO AMENDED AND RESTATED RECEIVALBES PURCHASE AGREEMENT, dated January 31, 2003 (this "Amendment"), between Gottschalks, Inc. ("Gottschalks"), in its capacity as seller (the "Seller"), and Gottschalks Credit Receivables Corporation ("GCRC"), in its capacity as purchaser, is made for the purpose of amending the Amended and Restated Receivables Purchase Agreement, dated as of March 1, 1999 (the "RPA"), between Gottschalks and GCRC.
NON-NEGOTIABLE, EXTENDABLE, SUBORDINATED NOTE DUE AUGUST 20, 2003 $22,179,598.00 Los Angeles, California August 20, 1998 FOR VALUE RECEIVED, GOTTSCHALKS INC., a Delaware corporation (the "Buyer"), promises to pay to The Harris Company, a California...Gottschalks Inc • September 3rd, 1998 • Retail-department stores
Purchase and Sale Agreement (Leaseholds) between The Bon, Inc. an Ohio corporation, as Buyer and Gottschalks Inc. a Delaware corporation, as Seller Date: June 5, 2002 Purchase and Sale Agreement (Leaseholds)Purchase and Sale Agreement • June 18th, 2002 • Gottschalks Inc • Retail-department stores • California
This Purchase and Sale Agreement (Leaseholds) (this "Contract") is entered into as of June __, 2002 ("Effective Date"), between Gottschalks Inc., a Delaware corporation ("Seller"), and The Bon, Inc., an Ohio corporation ("Buyer").
