2022 Incremental Amendment, dated as of May 13, 2022, by and between Restoration Hardware, Inc., as the borrower, and Bank of America, N.A., as administrative agent and lender
Exhibit 10.1
Execution Version
2022 INCREMENTAL AMENDMENT (this “Amendment”) dated as of May 13, 2022, to the Credit Agreement (as defined below) by and among RESTORATION HARDWARE, INC., a Delaware corporation (the “Borrower”), BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Administrative Agent”) and lender (the “2022 Incremental Term Loan Lender”). Capitalized terms used and not otherwise defined herein shall have the meanings assigned to such terms in the Amended Credit Agreement referred to below.
WHEREAS, the Borrower, the Lenders from time to time party thereto and the Administrative Agent are party to that certain Term Loan Credit Agreement dated as of October 20, 2021 (as amended, restated, amended and restated, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”; and the Credit Agreement as amended by this Amendment, the “Amended Credit Agreement”);
WHEREAS, pursuant to Section 2.15 of the Credit Agreement, the Borrower has requested that the 2022 Incremental Term Loan Lender provide, and the 2022 Incremental Term Loan Lender has agreed to provide, an Incremental Term Loan Facility consisting of Incremental Term Loans in an aggregate principal amount of $500,000,000 (the “2022 Incremental Term Loan Facility” and the Incremental Term Loans thereunder, the “2022 Incremental Term Loans”); and
WHEREAS, pursuant to and in accordance with Section 2.15 of the Credit Agreement, the Administrative Agent, the 2022 Incremental Term Loan Lender and the Borrower have agreed to make certain amendments to the Credit Agreement to effect the occurrence of the 2022 Incremental Term Loan Facility thereunder.
NOW, THEREFORE, in consideration of the premises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows:
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[Signature Pages Follow]
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by their respective authorized officers as of the day and year first above written.
RESTORATION HARDWARE, INC., as Borrower
By:
Name:
Title:
[Signature Page to 2022 Incremental Amendment]
BANK OF AMERICA, N.A.,
as Administrative Agent
By:
Name:
Title:
[Signature Page to 2022 Incremental Amendment]
BANK OF AMERICA, N.A.,
as 2022 Incremental Term Loan Lender
By:
Name:
Title:
[Signature Page to 2022 Incremental Amendment]
Exhibit A
Amended Credit Agreement
Schedule I
Commitments
2022 Incremental Term Loan Lender | 2022 Incremental Term Loan Commitment |
Bank of America, N.A. | $500,000,000.00 |
Total | $500,000,000.00 |