CREDIT AGREEMENT Dated as of June 25, 2007 among COST PLUS, INC., as the Lead Borrower For The Borrowers Party Hereto The BORROWERS Party Hereto The GUARANTORS Party Hereto BANK OF AMERICA, N.A. as Administrative Agent, Collateral Agent, Swing Line...Credit Agreement • September 13th, 2007 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • New York
COST PLUS, INC., a California corporation, for itself and as agent (in such capacity, the “Lead Borrower”) for the other Borrowers now or hereafter party hereto;
SECURITY AGREEMENTSecurity Agreement • September 13th, 2007 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • New York
SECURITY AGREEMENT (this “Agreement”), dated as of June 25, 2007, by and among (a) each of the Borrowers listed on Schedule I hereto (each such Borrower, individually, a “Grantor” and, collectively, the “Grantors”), and (b) BANK OF AMERICA, N.A., a national banking association, as collateral agent (in such capacity, the “Collateral Agent”) for its own benefit and the benefit of the other Credit Parties (as defined in the Credit Agreement referred to below), in consideration of the mutual covenants contained herein and benefits to be derived herefrom.
LEASE AGREEMENT Dated as of July 31, 2007 between Inland Western Stockton Airport Way II, L.L.C., as Lessor and Cost Plus, Inc. as LesseeLease Agreement • September 13th, 2007 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • California
INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • September 13th, 2007 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • New York
INTELLECTUAL PROPERTY SECURITY AGREEMENT (this “Agreement”), dated as of June 25, 2007, by and among (a) each of the Borrowers listed on Schedule I hereto (each such Borrower, individually, a “Grantor” and, collectively, the “Grantors”) and (b) BANK OF AMERICA, N.A., a national banking association, as collateral agent (in such capacity, the “Collateral Agent”) for its own benefit and the benefit of the other Credit Parties (as defined in the Credit Agreement referred to below), in consideration of the mutual covenants contained herein and benefits to be derived herefrom.
PLEDGE AGREEMENTPledge Agreement • September 13th, 2007 • Cost Plus Inc/Ca/ • Retail-home furniture, furnishings & equipment stores • New York
WHEREAS, reference is made to that certain Credit Agreement, dated as of June 25, 2007 (as amended, modified, supplemented or restated and in effect from time to time, the “Credit Agreement”), by and among (i) the Pledgor, for itself and as agent (in such capacity, the “Lead Borrower”) for the other Borrowers from time to time party thereto (collectively, with the Lead Borrower, the “Borrowers”), (ii) the Borrowers, (iii) the Guarantors from time to time party thereto, (iv) the Lenders from time to time party thereto (individually, a “Lender” and, collectively, the “Lenders”), and (v) Bank of America, N.A., as Administrative Agent, Collateral Agent, Swing Line Lender and L/C Issuer, pursuant to which the Lenders have agreed to make Loans to the Borrowers, and the L/C Issuer has agreed to issue Letters of Credit for the account of the Borrowers, upon the terms and subject to the conditions specified in the Credit Agreement; and
