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. Lender’s
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 Ren
