EXHIBIT 4.9 February 21, 2003 ESL Investments, Inc. One Lafayette Place Greenwich, Connecticut 06830 Third Avenue Trust 767 Third Avenue New York, New York 10019 Gentlemen: Reference is made to the Investment Agreement, dated as of January 24, 2003...Kmart Corp • March 24th, 2003 • Retail-variety stores
WITNESSETH:Credit and Guaranty Agreement • March 24th, 2003 • Kmart Corp • Retail-variety stores
EXHIBIT 10.51 COVENANT NOT TO SUE AND FULL AND COMPLETE RELEASE OF LIABILITY 1. In consideration of the payments and benefits set forth in Section 5 of the Letter Agreement into between Kmart Corporation ("Kmart") and the undersigned, dated February...Kmart Corp • March 24th, 2003 • Retail-variety stores
SECOND AMENDMENT TO REVOLVING CREDIT AND GUARANTY AGREEMENTRevolving Credit and Guaranty Agreement • March 24th, 2003 • Kmart Corp • Retail-variety stores • New York
REVOLVING CREDIT AND GUARANTY AGREEMENT, dated as of January 22, 2002, among KMART CORPORATION, a Michigan corporation (the “Borrower”), a debtor and debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code, and certain of the direct or indirect subsidiaries of the Borrower signatory hereto (each a “Guarantor” and collectively, the “Guarantors”), each of which Guarantors referred to in this paragraph is a debtor and debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code (the cases of the Borrower and the Guarantors, each a “Case” and collectively, the “Cases”), JPMORGAN CHASE BANK, a New York banking corporation (“JPMorgan Chase”), each of the other financial institutions from time to time party hereto (together with JPMorgan Chase, the “Banks”) and JPMORGAN CHASE BANK, as administrative agent (in such capacity, the “Agent”) for the Banks.
