EXECUTIVE SEVERANCE AGREEMENTExecutive Severance Agreement • September 9th, 2011 • Orchard Supply Hardware Stores Corp • Retail-building materials, hardware, garden supply • California
By this Executive Severance Agreement dated and effective as of April 11, 2011 (“Agreement”), Orchard Supply Hardware Stores Corporation and its parents, affiliates and subsidiaries (“OSH” or the “Company”) and David Bogage (“Executive”), intending to be legally bound, and for good and valuable consideration, agree as follows:
EXECUTIVE SEVERANCE AGREEMENTExecutive Severance Agreement • September 9th, 2011 • Orchard Supply Hardware Stores Corp • Retail-building materials, hardware, garden supply • California
By this Executive Severance Agreement dated as of January 8, 2009 (“Agreement”). Orchard Supply Hardware Stores Corporation and its parents, affiliates and subsidiaries (“OSH” or the “Company”) and “OSH Affiliates” (as such term is defined in Section 2 below), and Bill C. Robertson (“Executive”), intending to be legally bound, and for good and valuable consideration, agree as follows:
SECOND AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT by and among ORCHARD SUPPLY HARDWARE LLC, as Borrower, and ORCHARD SUPPLY HARDWARE STORES CORPORATION, and certain other Subsidiaries of Orchard Supply Hardware LLC as Guarantors and THE...Senior Secured Credit Agreement • September 9th, 2011 • Orchard Supply Hardware Stores Corp • Retail-building materials, hardware, garden supply • New York
This SECOND AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT, dated as of January 29, 2010 (as it may be amended or modified from time to time, this “Agreement”), among ORCHARD SUPPLY HARDWARE LLC, a Delaware limited liability company (“Borrower”), ORCHARD SUPPLY HARDWARE STORES CORPORATION, a Delaware corporation (“Holdings”), those certain Subsidiaries of the Borrower parties hereto (together with Holdings, collectively, the “Loan Guarantors”), the Lenders party hereto, and WELLS FARGO RETAIL FINANCE, LLC, as ABL Administrative Agent, and WELLS FARGO RETAIL FINANCE, LLC, as collateral agent for the Lenders (in such capacity, the “Collateral Agent”), amends and restates in its entirety the Amended and Restated Senior Secured Credit Agreement (as amended to the date hereof, without giving effect to the amendments and restatements set forth herein, the “Existing Credit Agreement”), dated as of December 21, 2006, among the Borrower, the Loan Guarantors, the lenders and issuing banks
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • September 9th, 2011 • Orchard Supply Hardware Stores Corp • Retail-building materials, hardware, garden supply
This Amendment (the “Amendment”), dated as of March 20, 2007 (“Effective Date”), amends the Employment Agreement among Orchard Supply Hardware, LLC, a Delaware limited liability company (the “Company”), Orchard Supply Hardware Stores Corporation, a Delaware corporation (Holdings”) and Robert M. Lynch (“Executive”) dated November 23, 2005 (the “Agreement”). All terms capitalized herein, but not defined herein, shall have the meanings ascribed to them in the Agreement.
LOAN AGREEMENT Dated as of October 27, 2010 Among OSH PROPERTIES LLC, a Delaware limited liability company as Borrower WELLS FARGO BANK, N.A., as Administrative Agent and Lenders Party Hereto WELLS FARGO SECURITIES, LLC, as ArrangerLoan Agreement • September 9th, 2011 • Orchard Supply Hardware Stores Corp • Retail-building materials, hardware, garden supply • New York
THIS LOAN AGREEMENT, dated as of October 27, 2010 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), among OSH PROPERTIES LLC, a Delaware limited liability company, having its principal place of business at 6450 Via del Oro, San Jose, CA 95119 (“Borrower”), each lender from time to time party hereto (individually, a “Lender” and collectively, the “Lenders”) and WELLS FARGO BANK, N.A., a national banking association, as administrative agent for Lenders hereunder (in such capacity, the “Administrative Agent”).
SECOND AMENDMENT TO EMPLOYMENT AGREEMENTSecond Amendment • September 9th, 2011 • Orchard Supply Hardware Stores Corp • Retail-building materials, hardware, garden supply
This Second Amendment (the “Second Amendment”) dated as of February 1, 2009 (“Effective Date”), amends the Employment Agreement among Orchard Supply Hardware, LLC, a Delaware limited liability company (the “Company”), Orchard Supply Hardware Stores Corporation, a Delaware corporation (“Holdings”) and Robert M. Lynch (“Executive”) dated November 23, 2005, (the “Agreement”), as amended March 20, 2007 by the Amendment to Employment Agreement (the “First Amendment”). All terms capitalized herein, but not defined herein, shall have the meanings ascribed to them in the Agreement.
EXECUTIVE SEVERANCE AGREEMENTExecutive Severance Agreement • September 9th, 2011 • Orchard Supply Hardware Stores Corp • Retail-building materials, hardware, garden supply • California
By this Executive Severance Agreement dated as of 7/23/, 2007 (“Agreement”). Orchard Supply Hardware Stores Corporation and its parents, affiliates and subsidiaries (“OSH” or the “Company”), and Thomas Carey (“Executive”), intending to be legally bound, and for good and valuable consideration, agree as follows:
EMPLOYMENT AGREEMENTEmployment Agreement • September 9th, 2011 • Orchard Supply Hardware Stores Corp • Retail-building materials, hardware, garden supply • Delaware
EMPLOYMENT AGREEMENT (the “Agreement”), dated as of November 23, 2005, between Orchard Supply Hardware, LLC, a Delaware limited liability company (the “Company”), Orchard Supply Hardware Stores Corporation, a Delaware corporation (“Holdings”), and Robert Lynch (“Executive”).
SENIOR SECURED TERM LOAN AGREEMENT by and among ORCHARD SUPPLY HARDWARE LLC, as Borrower, and ORCHARD SUPPLY HARDWARE STORES CORPORATION, and certain other Subsidiaries of Orchard Supply Hardware Stores Corporation as Guarantors and THE LENDERS FROM...Senior Secured Term Loan Agreement • September 9th, 2011 • Orchard Supply Hardware Stores Corp • Retail-building materials, hardware, garden supply • New York
SENIOR SECURED TERM LOAN AGREEMENT, dated as of December 21, 2006 (as it may be amended or modified from time to time, this “Agreement”), among ORCHARD SUPPLY HARDWARE LLC (“Borrower”), ORCHARD SUPPLY HARDWARE STORES CORPORATION, a Delaware corporation (“Holdings”), those certain Subsidiaries of Holdings parties hereto (together with Holdings, collectively, the “Guarantors”), the Lenders party hereto, JPMORGAN CHASE BANK, N.A., as administrative agent for the Term Lenders (in such capacity, the “Term Administrative Agent”) and JPMORGAN CHASE BANK, N.A.„ as collateral agent for the Term Lenders (in such capacity, the “Collateral Agent”).
ContractOrchard Supply Hardware Stores Corp • September 9th, 2011 • Retail-building materials, hardware, garden supply • New York
AMENDMENT NO. 1, dated as of January 28, 2011 (this “Amendment), to the Senior Secured Term Loan Agreement, dated as of December 21, 2006 (the “Credit Agreement”), among ORCHARD SUPPLY HARDWARE LLC (“Borrower”), ORCHARD SUPPLY HARDWARE STORES CORPORATION, a Delaware corporation (“Holdings”), those certain Subsidiaries of Holdings parties hereto (together with Holdings, collectively, the “Guarantors”), the Term Lenders party hereto, JPMORGAN CHASE BANK, N.A., as administrative agent for the Term Lenders (in such capacity, the “Term Administrative Agent”) and JPMORGAN CHASE BANK, N.A., as collateral agent for the Term Lenders (in such capacity, the “Collateral Agent”). Capitalized terms used and not otherwise defined herein shall have the meanings assigned to them in the Credit Agreement.
