THIRD SUPPLEMENTAL INDENTUREThird Supplemental Indenture • January 19th, 2016 • Bon Ton Stores Inc • Retail-department stores • New York
Third Supplemental Indenture (this “Supplemental Indenture”), dated as of January 15, 2016, among Bonstores Holdings One, LLC, a Delaware limited liability company, Bonstores Realty One, LLC, a Delaware limited liability company, Bonstores Holdings Two, LLC, a Delaware limited liability company, and Bonstores Realty Two, LLC, a Delaware limited liability company (collectively, the “Guaranteeing Subsidiaries”), each of which is a subsidiary of The Bon-Ton Stores, Inc., a Pennsylvania corporation (or its permitted successor) (the “Parent”), The Bon-Ton Department Stores, Inc., a Pennsylvania corporation (the “Company”), and Wells Fargo Bank, National Association, a national banking association (or its permitted successor), as trustee and collateral agent under the Indenture referred to below (the “Trustee”).
CONSENT AND THIRD AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 19th, 2016 • Bon Ton Stores Inc • Retail-department stores • New York
This CONSENT AND THIRD AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT, dated as of January 15, 2016 (this “Amendment”), modifies that certain Second Amended and Restated Loan and Security Agreement, dated as of March 21, 2011 (as amended by that certain First Amendment to Second Amended and Restated Loan and Security Agreement dated as of October 25, 2012, as further amended by that certain Second Amendment to Second Amended and Restated Loan and Security Agreement dated as of December 12, 2013 and as may be further amended, restated, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the “Loan and Security Agreement”), among THE BON-TON DEPARTMENT STORES, INC., a Pennsylvania corporation (“Bon-Ton”), CARSON PIRIE SCOTT II, INC., a Florida corporation (“CPS II”), BON-TON DISTRIBUTION, LLC, an Illinois limited liability company (“Distribution”), MCRIL, LLC, a Virginia limited liability company (“McRIL” and, together wit
FIFTH SUPPLEMENTAL INDENTURESupplemental Indenture • January 19th, 2016 • Bon Ton Stores Inc • Retail-department stores • New York
Fifth Supplemental Indenture (this “Supplemental Indenture”), dated as of January 15, 2016, among Bonstores Holdings One, LLC, a Delaware limited liability company, Bonstores Realty One, LLC, a Delaware limited liability company, Bonstores Holdings Two, LLC, a Delaware limited liability company, and Bonstores Realty Two, LLC, a Delaware limited liability company (collectively, the “Guaranteeing Subsidiaries”), each of which is a subsidiary of The Bon-Ton Stores, Inc., a Pennsylvania corporation (or its permitted successor) (the “Parent”), The Bon-Ton Department Stores, Inc., a Pennsylvania corporation (the “Company”), and Wells Fargo Bank, National Association, a national banking association (or its permitted successor), as trustee and collateral agent under the Indenture referred to below (the “Trustee”).
SECURITY AGREEMENT SUPPLEMENTSecurity Agreement • January 19th, 2016 • Bon Ton Stores Inc • Retail-department stores
SUPPLEMENT NO. 4 (this “Supplement”), dated as of January 15, 2016, to the Second Lien Security Agreement, dated as of July 9, 2012, by and among THE BON-TON DEPARTMENT STORES, INC., a Pennsylvania corporation (the “Issuer”), and the other Persons listed on the signature pages thereof (collectively, the “Initial Grantors”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee and Collateral Agent (in its capacity as collateral agent, the “Collateral Agent”) for the Secured Parties.
OMNIBUS JOINDER AGREEMENT TO LOAN DOCUMENTSOmnibus Joinder Agreement • January 19th, 2016 • Bon Ton Stores Inc • Retail-department stores
BONSTORES HOLDINGS ONE, LLC, a Delaware limited liability company, and BONSTORES HOLDINGS TWO, LLC, a Delaware limited liability company (each a “New Guarantor”, and collectively, the “New Guarantors”), each with their principal executive offices at 2801 East Market Street, York, PA 17402;
GUARANTYGuaranty • January 19th, 2016 • Bon Ton Stores Inc • Retail-department stores • New York
This GUARANTY (this “Guaranty”), dated as of January 15, 2016, by the entities signatory hereto (collectively, the “New Guarantors” and each a “New Guarantor”) in favor of (i) Bank of America, N.A., a national banking association, as agent (hereinafter, in such capacity, “Agent”) for itself and the other financial institutions (hereinafter, collectively, the “Lenders”) which from time to time are or may become parties to that certain Second Amended and Restated Loan and Security Agreement dated as of March 21, 2011 (as amended, amended and restated, supplemented or otherwise modified and in effect from time to time, the “Loan Agreement”), by and among The Bon-Ton Department Stores, Inc., a Pennsylvania corporation (“Bon-Ton”), Carson Pirie Scott II, Inc., a Florida corporation (“CPS II”), Bon-Ton Distribution, LLC, an Illinois limited liability company (“Distribution”), McRIL, LLC, a Virginia limited liability company (“McRIL” and together with Bon-Ton, CPS II, Distribution and any oth
OMNIBUS JOINDER AGREEMENT TO LOAN DOCUMENTSOmnibus Joinder Agreement • January 19th, 2016 • Bon Ton Stores Inc • Retail-department stores
BONSTORES REALTY ONE, LLC, a Delaware limited liability company, and BONSTORES REALTY TWO, LLC, a Delaware limited liability company (each a “New Borrower”, and collectively, the “New Borrowers”), each with their principal executive offices at 2801 East Market Street, York, PA 17402;
