PARTICIPATION AGREEMENT Dated as of November 30, 2017 among AVDC, INC., as the Construction Agent and the Lessee, THE VARIOUS ENTITIES WHICH ARE PARTIES HERETO FROM TIME TO TIME, as the Guarantors, WACHOVIA SERVICE CORPORATION, as the Lessor, THE...Participation Agreement • April 3rd, 2018 • Big Lots Inc • Retail-variety stores • New York
THIS PARTICIPATION AGREEMENT dated as of November 30, 2017 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, this “Agreement”) is by and among AVDC, INC., an Ohio corporation (the “Construction Agent” or “Lessee”); the various entities which are parties hereto from time to time as guarantors (individually, a “Guarantor” and collectively, the “Guarantors”); WACHOVIA SERVICE CORPORATION, a Delaware corporation (the “Lessor”); the various banks and other lending institutions which are parties hereto from time to time as lease participants (individually, a “Lease Participant” and collectively, the “Lease Participants”); and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as the agent for the Lessor Parties and, respecting the Security Documents, as the agent for the Secured Parties (in such capacity, the “Agent”). Capitalized terms used but not otherwise defined in this Agreement shall have the meanings set forth in Appendix
REAL PROPERTY LEASE AGREEMENTReal Property Lease Agreement • April 3rd, 2018 • Big Lots Inc • Retail-variety stores • New York
This Real Property Lease Agreement has been executed in several counterparts. To the extent, if any, that this Real Property Lease Agreement constitutes chattel paper (as such term is defined in the Uniform Commercial Code as in effect in any applicable jurisdiction), no security interest in this Real Property Lease Agreement may be created through the transfer or possession of any counterpart other than the original counterpart containing the receipt therefor executed by the Agent on the signature page hereof.
CONSTRUCTION AGENCY AGREEMENT Dated as of November 30, 2017 betweenConstruction Agency Agreement • April 3rd, 2018 • Big Lots Inc • Retail-variety stores • New York
THIS CONSTRUCTION AGENCY AGREEMENT, dated as of November 30, 2017 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, the “Agreement”), between WACHOVIA SERVICE CORPORATION, a Delaware corporation (the “Lessor”), and AVDC, INC., an Ohio corporation (the “Construction Agent”).
