Common use of INDEX OF SCHEDULES AND EXHIBITS Clause in Contracts

INDEX OF SCHEDULES AND EXHIBITS. Annexes Annex I Lenders; Commitments; Lending Offices Exhibits Exhibit 2.1(b) Form of Note Exhibit 2.2(a)(i) Form of Notice of Borrowing Exhibit 2.8(d)(i) Form of Section 2.8(d)(i) Certificate Exhibit 3.2(a) Form of Letter of Credit Request Exhibit 4.3(a) Form of Notice of Continuation Exhibit 4.3(b) Form of Notice of Conversion Exhibit 5.1(a)(ii) Form of Subsidiary Guaranty Exhibit 5.1(a)(iii) Form of Security Agreement Exhibit 5.12(b)(i) Form of Perfection Certificate Exhibit 5.1(f)(iv) Form of Intercreditor Agreement Exhibit 7.1(d) Form of Leverage Certificate Exhibit 7.2(a) Form of Compliance Certificate Exhibit 7.2(g) Form of Borrowing Base Certificate Exhibit 12.8(c) Form of Assignment and Assumption Agreement Schedules Schedule 1.1(a) Business and Collateral Locations Schedule 1.1(b) Consolidated EBITDA Schedule 1.1(c) Permitted Subordinated Debt Provisions Schedule 3.9 Letter of Credit Outstanding on the Closing Date Schedule 6.5(a) Pro Forma Balance Sheet Schedule 6.5(d) Projections Schedule 6.10 ERISA; Foreign Pension Plans Schedule 6.11(c) Owned and Leased Real Property Schedule 6.14 Capitalization of Company Schedule 6.15 Subsidiaries Schedule 6.24 Accounts Schedule 7.8 Insurance Schedule 8.1(c) Existing Liens Schedule 8.2(j) Indebtedness to Remain Outstanding Schedule 8.7 Existing Investments and Acquisitions Schedule 12.3 Notice Addresses. REVOLVING CREDIT AGREEMENT THIS REVOLVING CREDIT AGREEMENT is dated as of June 27, 2006 and is made by and among Texas Petrochemicals LP, a Texas limited partnership (“Company”), Texas Butylene Chemical Corporation, a Texas corporation (“Texas Butylene” and together with the Company, the “Borrowers” with the Company acting in its capacity as Funds Administrator for the Borrowers), the undersigned financial institutions, including Deutsche Bank Trust Company Americas, in their capacities as lenders hereunder (collectively, the “Lenders,” and each individually, a “Lender”), Deutsche Bank Trust Company Americas, as administrative agent (“Administrative Agent”) for the Lenders, and LaSalle Bank National Association, as Collateral Agent (as defined herein).

INDEX OF SCHEDULES AND EXHIBITS. Annexes Annex I Lenders; Commitments; Lending Offices Schedules and Exhibits are omitted in accordance with Item 601(b)(2) of Regulation S-K. Acadia agrees to furnish supplementally a copy of any omitted schedule or exhibit to the Securities and Exchange Commission upon request. Exhibits Exhibit 2.1(b) Form of Note A Definitions Exhibit 2.2(a)(i) Form of Notice of Borrowing B Indemnity Escrow Agreement Exhibit 2.8(d)(i) Form of Section 2.8(d)(i) C Adjustment Escrow Agreement Exhibit D Company Closing Certificate Exhibit 3.2(aE Buyer Closing Certificate Schedules Section 1E Purchase Price Allocation Section 2B(viii) Form Closing Net Indebtedness Section 3B Ordinary Course of Letter Conduct Section 4B(ii) Authorization; No Breach Section 4C Ownership of Credit Request Exhibit 4.3(aAcquired Securities Section 5B Capitalization Section 5C Subsidiaries; Ownership of Units Section 5D(ii) Form Authorization; No Breach Section 5G Tax Matters Section 6B Capitalization Section 6C Subsidiaries Section 6D(ii) Authorization; No Breach Section 6E(i) Financial Statements Section 6E(ii) Undisclosed Liabilities Section 6F Absence of Notice of Continuation Exhibit 4.3(b) Form of Notice of Conversion Exhibit 5.1(a)(ii) Form of Subsidiary Guaranty Exhibit 5.1(a)(iii) Form of Security Agreement Exhibit 5.12(b)(i) Form of Perfection Certificate Exhibit 5.1(f)(iv) Form of Intercreditor Agreement Exhibit 7.1(d) Form of Leverage Certificate Exhibit 7.2(a) Form of Compliance Certificate Exhibit 7.2(g) Form of Borrowing Base Certificate Exhibit 12.8(c) Form of Assignment and Assumption Agreement Schedules Schedule 1.1(a) Business and Collateral Locations Schedule 1.1(b) Consolidated EBITDA Schedule 1.1(c) Permitted Subordinated Debt Provisions Schedule 3.9 Letter of Credit Outstanding on the Closing Date Schedule 6.5(a) Pro Forma Balance Sheet Schedule 6.5(d) Projections Schedule 6.10 ERISA; Foreign Pension Plans Schedule 6.11(cCertain Developments Section 6G(i) Owned and Real Property Section 6G(i)(B) Leases of Owned Real Property Section 6G(i)(E) Mechanics or Materialman’s Liens Section 6G(i)(F) Condemnation Section 6G(ii) Leased Real Property Section 6G(iii) Encumbrances Section 6H Tax Matters Section 6I Company Material Contracts Section 6I(i) Severance Section 6I(ii) Collective Bargaining Section 6I(iii) Physician Agreements Section 6I(iv) Payor Contracts Section 6I(v) Non-Competes Section 6I(vi) Equipment Leases and Certain Other Agreements Section 6I(vii) Loans Section 6I(viii) Most-Favored Nation Contracts Section 6I(ix) Other Company Material Contracts Schedules (continued) Section 6J Intellectual Property Section 6K Legal Proceedings Section 6M(i) Company Employee Benefit Plans Section 6M(ii) Pending Investigations Section 6M(iv) Acceleration/Increases to Employee Benefit Compensation Section 6N Insurance Section 6O Compliance with Applicable Laws Section 6P Environmental Section 6Q Employees Section 6R Health Care Regulatory Compliance Section 6S Related Party Transactions Section 6T(i) Deposit Accounts Section 6T(ii) Powers of Attorney Section 10A(iv) Identified Matters Schedule 6.14 Capitalization of Company Schedule 6.15 Subsidiaries Schedule 6.24 Accounts Schedule 7.8 Insurance Schedule 8.1(cSection 10A(vi) Existing Liens Schedule 8.2(j) Indebtedness to Remain Outstanding Schedule 8.7 Existing Investments and Acquisitions Schedule 12.3 Notice Addresses. REVOLVING CREDIT AGREEMENT THIS REVOLVING CREDIT AGREEMENT is dated as of June 27, 2006 and is made by and among Texas Petrochemicals LP, a Texas limited partnership (“Company”), Texas Butylene Chemical Corporation, a Texas corporation (“Texas Butylene” and together with the Company, the “Borrowers” with the Company acting in its capacity as Funds Administrator for the Borrowers), the undersigned financial institutions, including Deutsche Bank Trust Company Americas, in their capacities as lenders hereunder (collectively, the “Lenders,” and each individually, a “Lender”), Deutsche Bank Trust Company Americas, as administrative agent (“Administrative Agent”) for the Lenders, and LaSalle Bank National Association, as Collateral Agent (as defined herein).Identified Matters Section 10C Contributing Seller Pro Rata Portion Section 11K Terminated Employees Section A Certain Licenses/Permits

INDEX OF SCHEDULES AND EXHIBITS. Annexes Annex I Lenders; Commitments; Lending Offices Exhibits Exhibit 2.1(b) Form of Amended and Restated Note Exhibit 2.2(a)(i) Form of Notice of Borrowing Exhibit 2.8(d)(i) Form of Section 2.8(d)(i) Certificate Exhibit 3.2(a) Form of Letter of Credit Request Exhibit 4.3(a) Form of Notice of Continuation Exhibit 4.3(b) Form of Notice of Conversion Exhibit 5.1(a)(ii) Form of Subsidiary Guaranty Exhibit 5.1(a)(iii) Form of Security Agreement Exhibit 5.12(b)(i5.1(b)(i) Form of Perfection Certificate Exhibit 5.1(f)(iv) Form of Intercreditor Agreement Exhibit 7.1(d) Form of Leverage Certificate Exhibit 7.2(a) Form of Compliance Certificate Exhibit 7.2(g) Form of Borrowing Base Certificate Exhibit 12.8(c) Form of Assignment and Assumption Agreement Schedules Schedule 1.1(a) Business and Collateral Locations Schedule 1.1(b) Consolidated EBITDA Schedule 1.1(c) Permitted Subordinated Debt Provisions Schedule 3.9 Letter of Credit Outstanding on the Closing Date Schedule 6.5(a) Pro Forma Balance Sheet Schedule 6.5(d) Projections Schedule 6.10 ERISA; Foreign Pension Plans Schedule 6.11(c) Owned and Leased Real Property Schedule 6.14 Capitalization of Company Schedule 6.15 Subsidiaries Schedule 6.19 Environmental Matters Schedule 6.23 Business and Collateral Locations Schedule 6.24 Accounts Schedule 7.8 Insurance Schedule 8.1(c) Existing Liens Schedule 8.2(j8.2(i) Indebtedness to Remain Outstanding Schedule 8.7 Existing Investments and Acquisitions Schedule 12.3 12.3(a) Notice Addresses. Addresses AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT THIS AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT is dated as of June 27April 29, 2006 2010 and is made by and among Texas Petrochemicals LPTPC Group LLC, a Texas limited partnership liability company (“Company”), Texas Butylene Chemical Corporation, a Texas corporation (“Texas Butylene” and together with the Company, the “Borrowers” with the Company acting in its capacity as Funds Administrator for the Borrowers), the undersigned financial institutions, including Deutsche Bank Trust Company Americas, in their capacities as lenders hereunder (collectively, the “Lenders,” and each individually, a “Lender”), Deutsche Bank Trust Company Americas, as administrative agent (“Administrative Agent”) and collateral agent (“Collateral Agent”) for the Lenders, and LaSalle Deutsche Bank National AssociationTrust Company Americas and Xxxxx Fargo Capital Finance, as LLC, each a Co-Collateral Agent (as defined herein).

INDEX OF SCHEDULES AND EXHIBITS. Annexes Annex I Lenders; Commitments; Lending Offices Exhibits Exhibit 2.1(b) A-1 Form of Note Assignment and Acceptance Agreement for Revolving Loan Lenders Exhibit 2.2(a)(i) A-2 Form of Notice of Borrowing Assignment and Acceptance Agreement for Term Loan Lenders Exhibit 2.8(d)(i) Form of Section 2.8(d)(i) Certificate Exhibit 3.2(a) Form of Letter of Credit Request Exhibit 4.3(a) Form of Notice of Continuation Exhibit 4.3(b) Form of Notice of Conversion Exhibit 5.1(a)(ii) Form of Subsidiary Guaranty Exhibit 5.1(a)(iii) Form of Security Agreement Exhibit 5.12(b)(i) Form of Perfection Certificate Exhibit 5.1(f)(iv) Form of Intercreditor Agreement Exhibit 7.1(d) Form of Leverage Certificate Exhibit 7.2(a) Form of Compliance Certificate Exhibit 7.2(g) B Form of Borrowing Base Certificate Exhibit 12.8(c) C Form of Assignment Compliance Certificate Exhibit I Information Certificates Schedule 1.60 EBITDA Adjustments Schedule 1.67 Locations of Inventory Schedule 1.83 Fiscal Year-End; First Quarter-End; Second Quarter-End; Third Quarter-End; Fourth Quarter-End Schedule 1.206 Total Commitment Schedule 5.2(b) Chattel Paper and Assumption Agreement Schedules Instruments Schedule 1.1(a5.2(e) Business and Collateral Locations Investment Property Schedule 1.1(b5.2(f) Consolidated EBITDA Letters of Credit, Etc. of Borrowers Schedule 1.1(c5.2(g) Commercial Tort Claims Schedule 8.8 Environmental Compliance Schedule 8.9(c) ERISA Affiliates Transactions Schedule 8.13 Collective Bargaining Agreements Schedule 8.15 Material Contracts Schedule 8.16 Credit Card Agreements Schedule 9.9(h) Permitted Subordinated Debt Provisions Intercompany Indebtedness Schedule 3.9 Letter 9.10 Permitted Loans Schedule 9.11(f) Permitted Uses of Credit Outstanding on the Closing Date Schedule 6.5(a) Pro Forma Balance Sheet Schedule 6.5(d) Projections Schedule 6.10 ERISA; Foreign Pension Plans Schedule 6.11(c) Owned Certain Permitted Dividends AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amended and Leased Real Property Schedule 6.14 Capitalization of Company Schedule 6.15 Subsidiaries Schedule 6.24 Accounts Schedule 7.8 Insurance Schedule 8.1(c) Existing Liens Schedule 8.2(j) Indebtedness to Remain Outstanding Schedule 8.7 Existing Investments Restated Loan and Acquisitions Schedule 12.3 Notice Addresses. REVOLVING CREDIT AGREEMENT THIS REVOLVING CREDIT AGREEMENT is Security Agreement dated as of June 27March 16, 2006 and 2004 (this “Agreement”) is made entered into by and among Texas Petrochemicals LPXxxxxx New York, Inc., a Texas limited partnership Delaware corporation (“CompanyXxxxxx”), Texas Butylene Chemical Corporationand Lernco, Inc., a Texas Delaware corporation (“Texas ButyleneLernco” and together with the CompanyXxxxxx, the “Borrowers” with the Company acting in its capacity as Funds Administrator for the Borrowers), the undersigned financial institutions, including Deutsche Bank Trust Company Americas, in their capacities as lenders hereunder (collectively, the “Lenders,” and individually each individually, a “LenderBorrower”), Deutsche Bank Trust Company Americasas borrowers, as administrative agent (“Administrative Agent”) for the Lenders, and LaSalle Bank National Association, as Collateral Agent Lenders (as defined herein), Congress Financial Corporation, a Delaware corporation, in its capacity as agent for the Lenders and the Bank Product Providers (in such capacity, “Agent”), The CIT Group/Business Credit, Inc., a New York corporation, in its capacity as documentation agent for Lenders (in such capacity, “Documentation Agent”), and Wachovia Bank, National Association, as the arranger for the Lenders (“Arranger”).

INDEX OF SCHEDULES AND EXHIBITS. Annexes Annex I Lenders; Commitments; Lending Offices Exhibits Exhibit 2.1(b) A Form of Note Assignment and Acceptance Agreement for Lenders Exhibit 2.2(a)(i) Form of Notice of Borrowing Exhibit 2.8(d)(i) Form of Section 2.8(d)(i) Certificate Exhibit 3.2(a) Form of Letter of Credit Request Exhibit 4.3(a) Form of Notice of Continuation Exhibit 4.3(b) Form of Notice of Conversion Exhibit 5.1(a)(ii) Form of Subsidiary Guaranty Exhibit 5.1(a)(iii) Form of Security Agreement Exhibit 5.12(b)(i) Form of Perfection Certificate Exhibit 5.1(f)(iv) Form of Intercreditor Agreement Exhibit 7.1(d) Form of Leverage Certificate Exhibit 7.2(a) Form of Compliance Certificate Exhibit 7.2(g) B Form of Borrowing Base Certificate Exhibit 12.8(c) C Form of Assignment Compliance Certificate Exhibit D Information Certificates for Borrowers and Assumption Agreement Schedules Guarantors Exhibit E Locations of Inventory Exhibit F Fiscal Year-End; First Quarter-End; Second Quarter-End; Third Quarter-End; Fourth Quarter-End Schedule 1.1(a1.34 Commitments Schedule 1.47 EBITDA Adjustments Schedule 1.87 Freight Forwarders Schedule 5.2(b) Business Chattel Paper and Collateral Locations Instruments Schedule 1.1(b5.2(e) Consolidated EBITDA Investment Property Schedule 1.1(c5.2(g) Permitted Subordinated Debt Provisions Schedule 3.9 Letter of Credit Outstanding on the Closing Date Accommodations Schedule 6.5(a5.2(h) Pro Forma Balance Sheet Commercial Tort Claims Schedule 6.5(d) Projections 8.8 Environmental Compliance Schedule 6.10 ERISA; Foreign Pension Plans Schedule 6.11(c) Owned and Leased Real 8.11 Certain Intellectual Property Schedule 6.14 Capitalization 8.9(c) ERISA Affiliates Transactions Schedule 8.13 Collective Bargaining Agreements Schedule 8.15 Material Contracts Schedule 8.16 Credit Card Agreements Schedule 9.9(h) Permitted Intercompany Indebtedness Schedule 9.10 Permitted Loans Schedule 9.11(d) Permitted Uses of Company Schedule 6.15 Subsidiaries Schedule 6.24 Accounts Schedule 7.8 Insurance Schedule 8.1(c) Existing Liens Schedule 8.2(j) Indebtedness to Remain Outstanding Schedule 8.7 Existing Investments Certain Permitted Dividends THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Third Amended and Acquisitions Schedule 12.3 Notice Addresses. REVOLVING CREDIT AGREEMENT THIS REVOLVING CREDIT AGREEMENT is Restated Loan and Security Agreement (this “Agreement”), dated as of June 27August 10, 2006 and 2011, is made entered into by and among Texas Petrochemicals LPXxxxxx New York, Inc., a Texas limited partnership Delaware corporation (“CompanyXxxxxx”), Texas Butylene Chemical CorporationLernco, Inc., a Texas Delaware corporation (“Texas ButyleneLernco”), and Xxxxxx New York Outlet, Inc., a Massachusetts corporation (“Xxxxxx Outlet” and together with the CompanyXxxxxx and Lernco, the collectively, “Borrowers” and individually each a “Borrower”), New York & Company, Inc., a Delaware corporation (“NY&Co”), Xxxxxx New York Holding, Inc., a Delaware corporation (“Parent”), Nevada Receivable Factoring, Inc., a Nevada corporation (“Nevada Factoring”), New York & Company Stores, Inc., a New York corporation, formerly known as Associated Lerner Shops of America, Inc., a New York corporation (“NY &Co Stores”), and Xxxxxx New York GC, LLC, an Ohio limited liability company (“Xxxxxx XX” and together with the Company acting in its capacity as Funds Administrator for the BorrowersNY&Co, Parent, Nevada Factoring and NY &Co Stores, collectively, “Guarantors” and each a “Guarantor”), the undersigned financial institutions, including Deutsche Bank Trust Company Americas, in their capacities as lenders hereunder (collectively, the “Lenders,” and each individually, a “Lender”), Deutsche Bank Trust Company Americas, as administrative agent (“Administrative Agent”) for the Lenders, and LaSalle Bank National Association, as Collateral Agent Lenders (as defined herein), Xxxxx Fargo Bank, National Association, a national banking association, in its capacity as administrative agent and collateral agent for the Lenders and the Bank Product Providers (in such capacity, “Agent”) and Xxxxx Fargo Capital Finance, LLC, as sole lead arranger and sole lead bookrunner.