FOURTH AMENDMENT TO AMENDED AND RESTATED FRANCHISEE FINANCING AGREEMENTFranchise Agreement |
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EXHIBIT
10.10
FOURTH AMENDMENT TO AMENDED AND
RESTATED FRANCHISEE FINANCING AGREEMENT
This Fourth Amendment to Amended and Restated Franchisee Financing Agreement
(Amendment) is made and entered into by and among Wells Fargo Foothill, LLC, a Delaware
corporation and assignee of Wells Fargo Foothill, Inc., a California corporation
(Lender), ColorTyme, Inc., a Texas corporation (ColorTyme), and Rent-A-Center
East, Inc., a Delaware corporation (RAC).
RECITALS
A. Lenders predecessor-in-interest, ColorTyme and RAC entered into that certain Amended and
Restated Franchisee Financing Agreement dated October 1, 2003, as amended as of December 15, 2003,
as of March 1, 2004, and as of September 29, 2006 (as amended, the Agreement).
B. Lender, ColorTyme and RAC desire to amend the Agreement in accordance with the terms of
this Amendment.
AGREEMENT
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Definitions. All capitalized terms not defined herein shall be construed to have
the meaning and definition set forth in the Agreement.
2. Amendment. Clauses (a) and (b) of Section 2.2 of the Agreement are hereby amended
in their entirety to read as follows:
(a) Consolidated Leverage Ratio. ColorTyme and RAC shall not permit the
Consolidated Leverage Ratio (as that term is defined in the Third Amended and Restated
Credit Agreement, dated as of May 28, 2003, as amended and restated as of November 15, 2006,
among Rent-A-Center, Inc., as borrower, the several banks and other financial institutions
or entities from time to time parties thereto, Union Bank of California, N.A., as
documentation agent, Lehman Commercial Paper Inc., as syndication agent, and JPMorgan Chase
Bank, N.A., as administrative agent (as the same has been or may be amended, restated or
modified from time to time, the Senior Credit Agreement)), as of the last day of
any period of four (4) consecutive fiscal quarters of Rent-A-Center, Inc. ending with any
fiscal quarter during any period set forth below to exceed the ratio set forth below
opposite such period:
1
EXHIBIT
10.10






