NOW, THEREFORE, in consideration of the premises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: WHEREAS, the Borrower has delivered to Agent its request to increase the Maximum Credit by $25,000,000 pursuant to Section 2.3 of the Loan Agreement, which amount is the maximum increase permitted thereby, and the Incremental Lenders have agreed to provide new or additional Commitments in the amounts set forth on Schedule A hereto pursuant to the terms and conditions set forth herein. WHEREAS, the Borrower has requested that the Agent and Existing Lenders amend the Loan Agreement, and the Agent and Existing Lenders have agreed to such amendment pursuant to the terms and conditions set forth herein and WHEREAS, Agent, Existing Lenders, Borrower, and HHG Distributing, LLC, an Indiana limited liability company ( HHG), are parties to that certain Amended and Restated Loan and Security Agreement dated as of July 25, 2007 (as amended, the Loan Agreement capitalized terms used and not defined herein shall have the meanings assigned to them in the Loan Agreement, as amended hereby) 1 AND JOINDER TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this Agreement) dated as of September 15, 2009 is by and among the financial institutions listed on the signature pages hereto as existing lenders (the Existing Lenders), the financial institutions listed on the signature hereto as incremental lenders (the Incremental Lenders, and together with the Existing Lenders, the Lenders), Wachovia Capital Finance Corporation (Central), as administrative agent and collateral agent for the Lenders ( Agent), and Gregg Appliances, Inc., an Indiana corporation ( Borrower). 1 AND JOINDER TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT EX-10.40 2 dex1040.htm AMENDMENT NO.1 AND JOINDER TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Amendment No.1 and Joinder to Amended and Restated Loan and Security AgreementĪMENDMENT NO.