Attached files
file | filename |
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EX-10.2 - EX-10.2 - AARON'S INC | c15605exv10w2.htm |
EXCEL - IDEA: XBRL DOCUMENT - AARON'S INC | Financial_Report.xls |
EX-15 - EX-15 - AARON'S INC | c15605exv15.htm |
EX-31.2 - EX-31.2 - AARON'S INC | c15605exv31w2.htm |
EX-10.3 - EX-10.3 - AARON'S INC | c15605exv10w3.htm |
EX-32.1 - EX-32.1 - AARON'S INC | c15605exv32w1.htm |
EX-31.1 - EX-31.1 - AARON'S INC | c15605exv31w1.htm |
EX-32.2 - EX-32.2 - AARON'S INC | c15605exv32w2.htm |
10-Q - FORM 10-Q - AARON'S INC | c15605e10vq.htm |
Exhibit 10.1
March 31, 2011
Aarons, Inc.
1100 Aaron Building
309 East Paces Ferry Road, NE
Atlanta, GA 30305-2377
Attn: Gil Danielson
1100 Aaron Building
309 East Paces Ferry Road, NE
Atlanta, GA 30305-2377
Attn: Gil Danielson
Ladies and Gentlemen:
We refer to that certain Second Amended and Restated Loan Facility Agreement and Guaranty,
dated as of June 18, 2010 (as amended, the Loan Facility Agreement), among Aarons, Inc.,
a Georgia corporation (Sponsor), the financial institutions from time to time parties
thereto (the Participants) and SunTrust Bank as servicer (the Servicer).
Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms
in the Loan Facility Agreement.
As you have requested, the Servicer and the Participants party hereto agree to amend the Loan
Facility Agreement by (a) deleting the and at the end of Section 8.4(i), (b) adding and to the
end of Section 8.4(j) and (c) adding the following as Section 8.4(k): (k) Investments in
investment grade corporate bonds and variable rate demand notes having a rating of BBB+ (or the
equivalent) or higher, at the time of acquisition thereof, from S&P or Moodys and in either case
maturing within two years from the date of acquisition thereof in an aggregate amount not to exceed
$125,000,000 at any time.; provided, that the foregoing amendment is conditioned upon receipt by
the Servicer of executed counterparts to this letter agreement (this Amendment) from the
Sponsor and the Required Participants.
To induce the Servicer and the Participants to execute and deliver this Amendment, by signing
below, the Sponsor consents to the terms of this Amendment and represents and warrants that no
Unmatured Credit Event or Credit Event has occurred and is continuing and the representations and
warranties of the Credit Parties set forth in the Operative Documents are true and correct in all
material respects except to the extent such representations and warranties relate solely to an
earlier date.
The amendment set forth above is limited solely to the specific amendment listed above and
shall not be deemed to be an amendment or waiver of any other provision of the Loan Facility
Agreement or other Operative Documents. As modified by this Amendment, the Loan Facility Agreement
shall remain in full force and effect and constitute the legal, valid, binding and enforceable
obligations of the Sponsor. This Amendment shall be governed by, and construed in accordance with
the internal laws (and not the laws of conflicts) of the State of Georgia and all applicable laws
of the United States of America. The Sponsor agrees to pay on demand all costs and expenses
(including, without limitation, reasonable fees and expenses of counsel) incurred by the Servicer
in connection with this Amendment and the transactions contemplated hereby. This Amendment shall
constitute an Operative Document. This Amendment constitutes the entire understanding of the
parties hereto and supersedes any other prior or contemporaneous negotiations or agreements with
respect to the subject matter hereof. This Amendment may be executed in any number of separate
counterparts, each of which shall, collectively and separately, constitute one agreement.
Please countersign below to evidence your acknowledgment and agreement to the terms of this
Amendment.
Very truly yours, SUNTRUST BANK, as Servicer and as a Participant |
||||
By: | /s/ J. Matthew Rowland | |||
Name: | J. Matthew Rowland | |||
Title: | Vice President | |||
WELLS FARGO BANK, N.A., as a Participant |
||||
By: | /s/ Ben Wright | |||
Name: | Ben Wright | |||
Title: | Vice President | |||
REGIONS BANK, as a Participant |
||||
By: | /s/ Scott Rossman | |||
Name: | Scott Rossman | |||
Title: | Senior Vice President | |||
BRANCH BANKING & TRUST CO., as a Participant |
||||
By: | /s/ Bradley S. Sands | |||
Name: | Bradley S. Sands | |||
Title: | Assistant Vice President | |||
BANK OF AMERICA, N.A., as a Participant |
||||
By: | /s/ Ryan Maples | |||
Name: | Ryan Maples | |||
Title: | Vice President |
Acknowledged and agreed to as of the
date herein above written:
date herein above written:
AARONS, INC. |
||||
By: | /s/ Gilbert L. Danielson | |||
Name: | Gilbert L. Danielson | |||
Title: | Executive Vice President and Chief Financial Officer |
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