DEBTOR-IN-POSSESSION GUARANTEE AND COLLATERAL AGREEMENT AMONGSecurity Agreement • December 13th, 2018 • Sears Holdings Corp • Retail-department stores • New York
DEBTOR-IN-POSSESSION GUARANTEE AND COLLATERAL AGREEMENT, dated as of November 29, 2018, among (a) each of the entities listed on Schedule 1 hereto (together with any other entity that may become a party hereto as provided herein, the “Grantors”), and (b) Bank of America, N.A. and Wells Fargo Bank, National Association, as co-collateral agents (collectively in such capacity, the “Co-Collateral Agents”).
DEBTOR-IN-POSSESSION GUARANTEE AND COLLATERAL AGREEMENT AMONGPatent Security Agreement • December 13th, 2018 • Sears Holdings Corp • Retail-department stores • New York
DEBTOR-IN-POSSESSION GUARANTEE AND COLLATERAL AGREEMENT, dated as of November 29, 2018, among (a) each of the entities listed on Schedule 1 hereto (together with any other entity that may become a party hereto as provided herein, the “Grantors”), and (b) Cantor Fitzgerald Securities, as Collateral Agent (in such capacity and together with its successors and assigns, the “Collateral Agent”).
SUPERPRIORITY JUNIOR LIEN SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENTBorrowing Agreement • December 13th, 2018 • Sears Holdings Corp • Retail-department stores • New York
This SUPERPRIORITY JUNIOR LIEN SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this “Agreement”), dated as of November 29, 2018, by and among SEARS HOLDINGS CORPORATION, a Delaware corporation and a debtor and debtor-in-possession (“Holdings”), SEARS ROEBUCK ACCEPTANCE CORP., a Delaware corporation and a debtor and debtor-in-possession (“SRAC”), KMART CORPORATION, a Michigan corporation and a debtor and debtor-in-possession (“Kmart Corp.”; Kmart Corp. together with SRAC, the “Borrowers”), the several banks, financial institutions or entities from time to time party hereto as Term Lenders hereunder (each a “Lender” and collectively, the “Lenders”), and CANTOR FITZGERALD SECURITIES, as administrative agent (in such capacity, together with any of its successors and permitted assigns, the “Agent”) and collateral agent (in such capacity, together with any of its successors and permitted assigns, “Collateral Agent”).
