Item 5. Other Information
Item 5. Other Information.
None.
40
Item 6. E xhibits.
Exhibit Number
Exhibit Description
Incorporated by Reference
Form
Filing Date
4.1
Indenture (including the form of Convertible Note), dated as of April 16, 2020, between Burlington Stores, Inc. and Wilmington Trust, National Association.
Current Report on Form 8-K
April 16, 2020
4.2
Indenture (including the form of Secured Note), dated as of April 16, 2020, among Burlington Coat Factory Warehouse Corporation, the Guarantors party thereto and Wilmington Trust, National Association.
Current Report on Form 8-K
April 16, 2020
10.1
Security Agreement, dated as of April 16, 2020, among Burlington Coat Factory Warehouse Corporation, the Grantors party thereto and Wilmington Trust, National Association, in its capacity as collateral agent under the Indenture.
Current Report on Form 8-K
April 16, 2020
10.2
Intellectual Property Security Agreement, dated as of April 16, 2020, among Burlington Coat Factory Warehouse Corporation, the Grantors party thereto and Wilmington Trust, National Association, in its capacity as collateral agent under the Indenture.
Current Report on Form 8-K
April 16, 2020
10.3
Pledge Agreement, dated as of April 16, 2020, among Burlington Coat Factory Warehouse Corporation, the Grantors party thereto and Wilmington Trust, National Association, in its capacity as collateral agent under the Indenture.
Current Report on Form 8-K
April 16, 2020
10.4
Amended and Restated ABL Intercreditor Agreement, dated as of April 16, 2020, among Bank of America, N.A., in its capacities as administrative agent and collateral agent under the ABL Facility, JPMorgan Chase Bank, N.A., in its capacities as administrative agent and collateral agent under the Term Loan Facility, and Wilmington Trust, National Association, in its capacities as collateral agent and trustee under the Indenture, and the accompanying Acknowledgment executed and delivered by Burlington Coat Factory Warehouse Corporation and each Guarantor.
Current Report on Form 8-K
April 16, 2020
10.5
Pari Passu Intercreditor Agreement, dated as of April 16, 2020, among Burlington Coat Factory Warehouse Corporation, the Guarantors party thereto, JPMorgan Chase Bank, N.A., as collateral agent under the Term Loan Facility, and Wilmington Trust, National Association, in its capacity as collateral agent under the Indenture.
Current Report on Form 8-K
April 16, 2020
10.6†
Consent and Technical Modification Agreement, dated as of April 7, 2020, by and between Burlington Coat Factory Warehouse Corporation and Bank of America, N.A.
31.1†
Certification of Principal Executive Officer required by Rule 13a-14(a) or Rule 15d-14(a) of the Securities Exchange Act of 1934, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
31.2†
Certification of Principal Financial Officer required by Rule 13a-14(a) or Rule 15d-14(a) of the Securities Exchange Act of 1934, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
32.1†
Certification of Principal Executive Officer pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
32.2†
Certification of Principal Financial Officer pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
101.INS†
Inline XBRL Instance Document – the instance document does not appear in Interactive Data File, because its XBRL tags are embedded within the Inline XBRL document.
101.SCH†
Inline XBRL Taxonomy Extension Schema Document
101.CAL†
Inline XBRL Taxonomy Extension Calculation Linkbase Document
101.DEF†
Inline XBRL Taxonomy Extension Definition Linkbase Document
101.LAB†
Inline XBRL Taxonomy Extension Label Linkbase Document
41
101.PRE†
Inline XBRL Taxonomy Extension Presentation Linkbase Document
104†
Cover Page Interactive Data File (formatted as inline XBRL and contained in Exhibit 101)
†
Filed or furnished herewith.
42
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
BURLINGTON STORES, INC.
/s/ Michael O’Sullivan
Michael O’Sullivan
Chief Executive Officer
(Principal Executive Officer)
/s/ John Crimmins
John Crimmins
Chief Financial Officer
(Principal Financial Officer)
Date: May 29, 2020
43
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.