Looking for an agreement? Search from over 1 million agreements now.
Home > Employment Benefits/Pension Plans > Agreement Preview

Assumption And Termination

This is an actual contract by Utility Supply of America.

Save time and money with our Premium Packages.
Buy all (8) recommended agreements for
$140.00 (50% savings)
Agreement Preview
Sectors: Consumer Products (Durables)
Effective Date: September 17, 2007
Related Agreement Types:
Search This Document
Exhibit 10.46

EXECUTION COPY

ASSUMPTION AND TERMINATION AGREEMENT This ASSUMPTION AND TERMINATION AGREEMENT (this " Agreement" ), dated as of September 17, 2007, is entered into by and among HD Supply, Inc., a Delaware corporation (" HDS" ), Clayton, Dubilier & Rice, Inc., a Delaware corporation (" CD&R" ) and Mitchell Jacobson (" MJ" ). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:

1. Assumption of CD&R Obligations . CD&R hereby assigns and HDS hereby assumes and agrees to pay, discharge and perform all of the covenants and obligations, including any and all such obligations incurred, accrued, paid or otherwise arising prior to the date hereof, of CD&R and its affiliates, and each of their respective officers, directors, employees, advisors, representatives and agents (the " CD&R Parties" ) under ( i ) Section 2 of the engagement letter (the " Jacobson Engagement Letter" ), dated as of March 26, 2007, between CD&R and MJ and ( ii ) the indemnification agreement (the " Indemnification Agreement" ), dated as of March 26, 2007, by and between CD&R and MJ, and attached to the Jacobson Engagement Letter as Exhibit A thereto (collectively, the " CD&R Obligations" ). HDS further agrees to indemnify and hold harmless the CD&R Parties with respect to, and MJ on beha
-- End of Preview --
Home| About Us| FAQ| Subscription | Contact Us |

Privacy Policy   Terms of Service  34.204.43.11