PART I Financial Information

EX-4.06.1 3 p68255exv4w06w1.htm EXHIBIT 4.06.1 exv4w06w1
 

Exhibit 4.06.1

LEHMAN BROTHERS

Termination Agreement

     
Date:
  5 June, 2003
 
To:
  CSK Auto, Inc.
645 East Missouri Ave.
Suite 400
Phoenix, AZ 85012
 
Attention:
  Don Watson
Facsimile:   ###-###-####
Telephone:   ###-###-####
 
From:
  Lehman Brothers Special Financing Inc.
Cathy King — Transaction Management Group
Facsimile:   ###-###-#### (United States of America)
Telephone   ###-###-####
 
Effort ID:
  Termination 320435
 
Global ID:
  222218

Dear Sir or Madam:

Reference is made to the transaction (the “Transaction”) entered into between Lehman Brothers Special Financing Inc. (“Party A”) and CSK Auto, Inc. (“Party B”) on 07 February, 2002, further details of which are specified below. This communication (the “Termination Agreement”) confirms Party A’s and Party B’s agreement to terminate the Transaction and all rights, obligations and liabilities of Party A and Party B thereunder (except in respect of any payment or delivery due on or before 05 June, 2003 (the “Termination Effective Date”) under the Transaction which remain unsatisfied as of the Termination Effective Date for the consideration specified below.

This Termination Agreement incorporates by reference the confirmation of the Transaction (the “Confirmation”). Capitalized terms not defined herein have the meanings specified in the Confirmation.

In the event of any inconsistency between the provisions of this Termination Agreement and the Confirmation, this Termination Agreement will prevail.

The terms of the original Transaction to which this Termination Agreement relates are as follows:

     
Reference Number:
  215568
 
Trade Date:
  07 February, 2002
 
Notional Amount:
  USD 100,000,000.00
 
Termination Date:
  15 June, 2006, subject to adjustment in accordance with the Modified Following Business Day Convention.

In consideration of the termination of the Transaction, on 05 June, 2003, Party A shall pay to Party B the sum of USD 9,700,000.00.

LEHMAN BROTHERS SPECIAL FINANCING INC.

LEHMAN BROTHERS INC.
745 SEVENTH AVENUE, NEW YORK, NY 10019


 

This Termination Agreement constitutes the entire agreement and understanding of the parties with respect to the termination of the Transaction.

Please confirm that the foregoing correctly sets forth the terms of our agreement with respect to the termination of the Transaction by signing in the space provided below and sending a copy of the executed Termination Agreement to us at facsimile number ###-###-#### (United States of America), Attention: Documentation.

     
Yours sincerely,
 
Lehman Brothers Special Financing Inc.
 
 
By: /s/ Diana Nottingham


Name: Diana Nottingham
Title:   Vice President
  Accepted and agreed to:
 
CSK Auto, Inc.
 
 
By: /s/ Don W. Watson


Name: Don W. Watson
Title:   Chief Financial Officer & Treasurer

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