DEBTOR IN POSSESSION LOAN AND SECURITY AGREEMENT by and among ULTIMATE ELECTRONICS, INC. and EACH OF ITS SUBSIDIARIES THAT ARE SIGNATORIES HERETO as debtors and debtors in possession and as joint and several Borrowers, THE LENDERS THAT ARE SIGNATORIES...Loan and Security Agreement • January 21st, 2005 • Ultimate Electronics Inc • Retail-radio, tv & consumer electronics stores • New York
THIS DEBTOR IN POSSESSION LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into as of January 14, 2005, between and among, on the one hand, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), including, without limitation, WELLS FARGO RETAIL FINANCE, LLC, a Delaware limited liability company (“WFRF”), and WFRF as the arranger and administrative agent for the Lenders and any other holder of Obligations referred to below (“Agent”), and, on the other hand, ULTIMATE ELECTRONICS, INC., a Delaware corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (“Parent”), and each of Parent’s Subsidiaries identified on the signature pages hereof, each of such subsidiaries being a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (such Subsidiaries, together with Parent,
