LOAN AGREEMENT Dated as of March 6, 2006 Between BONSTORES REALTY ONE, LLC, as Borrower and BANK OF AMERICA, N.A., as LenderLoan Agreement • March 10th, 2006 • Bon Ton Stores Inc • Retail-department stores
THIS LOAN AGREEMENT, dated as of March 6, 2006 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between BANK OF AMERICA, N.A., a national banking association, having an address at 214 North Tryon Street, Charlotte, North Carolina 28255 (together with its successors and/or assigns, “Lender”) and BONSTORES REALTY ONE, LLC, a Delaware limited liability company, having an address at 2801 E. Market Street, York, Pennsylvania 17402 (together with its successors and/or assigns, “Borrower”).
AMENDED AND RESTATED TRANSITION SERVICES AGREEMENT (SELLER AS SERVICE PROVIDER)Transition Services Agreement • March 10th, 2006 • Bon Ton Stores Inc • Retail-department stores • New York
This AMENDED AND RESTATED TRANSITION SERVICES AGREEMENT (this “Agreement”), dated as of March 10, 2006 and effective as of March 5, 2006 (the “Effective Date”), is made by and between Saks Incorporated, a Tennessee corporation (“Seller”), and The Bon-Ton Stores, Inc. a Pennsylvania corporation (“Buyer”).
THE BON-TON DEPARTMENT STORES, INC., HERBERGER’S DEPARTMENT STORES, LLC, PARISIAN, INC., and THE ELDER-BEERMAN STORES CORP., as Borrowers LOAN AND SECURITY AGREEMENT Dated as of March 6, 2006 CERTAIN FINANCIAL INSTITUTIONS, as Lenders and BANK OF...Loan and Security Agreement • March 10th, 2006 • Bon Ton Stores Inc • Retail-department stores • New York
THIS LOAN AND SECURITY AGREEMENT (the “Loan Agreement”) is dated as of March 6, 2006, among THE BON-TON DEPARTMENT STORES, INC. (“Bon-Ton”), a Pennsylvania corporation, HERBERGER’S DEPARTMENT STORES, LLC, (“Herberger’s”), a Minnesota limited liability company, PARISIAN, INC. (“Parisian”), an Alabama corporation, and THE ELDER-BEERMAN STORES CORP. (“Elder-Beerman” and together with Bon-Ton, Herberger’s and Parisian, collectively, the “Borrowers”), an Ohio corporation, the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”).
LOAN AGREEMENT Dated as of March 6, 2006 Between BONSTORES REALTY TWO, LLC, as Borrower and BANK OF AMERICA, N.A., as LenderLoan Agreement • March 10th, 2006 • Bon Ton Stores Inc • Retail-department stores
THIS LOAN AGREEMENT, dated as of March 6, 2006 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between BANK OF AMERICA, N.A., a national banking association, having an address at 214 North Tryon Street, Charlotte, North Carolina 28255 (together with its successors and/or assigns, “Lender”) and BONSTORES REALTY TWO, LLC, a Delaware limited liability company, having an address at 2801 E. Market Street, York, Pennsylvania 17402 (together with its successors and/or assigns, “Borrower”).
FIRST AMENDMENT TO THE CREDIT CARD PROGRAM AGREEMENTCredit Card Program Agreement • March 10th, 2006 • Bon Ton Stores Inc • Retail-department stores
This First Amendment to the Credit Card Program Agreement (“First Amendment”) is made and entered into as of 12:01 a.m., Chicago time on the 5th day of March, 2006 (“Amendment Effective Time”) by and between HSBC Bank Nevada, National Association (“HSBC”), and The Bon-Ton Stores, Inc. (“Bon-Ton”) to that certain Credit Card Program Agreement, dated as of June 20, 2005 (“Agreement”).
PRIVATE BRANDS AGREEMENTPrivate Brands Agreement • March 10th, 2006 • Bon Ton Stores Inc • Retail-department stores • New York
This PRIVATE BRANDS AGREEMENT (this “Agreement”), dated as of March 6, 2006 effective as of March 5, 2006 (the “Effective Time”), is made among Saks Incorporated, a Tennessee corporation (“Seller”), The Bon-Ton Stores, Inc., a Pennsylvania corporation (“Bon-Ton”), Herberger’s Department Stores, LLC, a Minnesota limited liability company (“Herberger’s”), and Parisian, Inc., an Alabama corporation (“Parisian,” with Bon-Ton, Herberger’s and Parisian being collectively referred to herein as “Buyers” or individually as a “Buyer”).
REGISTRATION RIGHTS AGREEMENT by and among The Bon-Ton Department Stores, Inc., the Guarantor named herein, and Banc of America Securities LLC Citigroup Global Markets Inc. Dated as of March 6, 2006Registration Rights Agreement • March 10th, 2006 • Bon Ton Stores Inc • Retail-department stores • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of March 6, 2006, by and among The Bon-Ton Department Stores, Inc., a Pennsylvania corporation (the “Company”), The Bon-Ton Stores, Inc., a Pennsylvania corporation (“Parent”) and other guarantors listed on Schedule I hereto (together with the Parent, the “Guarantors”), and Banc of America Securities LLC and Citigroup Global Markets Inc. (collectively, the “Initial Purchasers”), each of whom has agreed to purchase the Company’s 101/4% Senior Notes due 2014 (the “Initial Notes”) fully and unconditionally guaranteed by the Guarantors (the “Guarantees”) pursuant to the Purchase Agreement (as defined below). The Initial Notes and the Guarantees attached thereto are herein collectively referred to as the “Initial Securities.”
The Bon-Ton Department Stores, Inc. 101/4% SENIOR NOTES DUE 2014 Indenture Dated as of March 6, 2006 The Bank of New York TrusteeBon Ton Stores Inc • March 10th, 2006 • Retail-department stores • New York
INDENTURE dated as of March 6, 2006 among The Bon-Ton Department Stores, Inc., a Pennsylvania corporation, the initial Guarantors listed on the signature pages hereto and The Bank of New York, a New York banking corporation, as Trustee. Capitalized terms used in this preamble without definition shall have the meanings assigned to them in Section 1.01.
