Common use of MISCELLANEOUS 107 Clause in Contracts

MISCELLANEOUS 107. Section 13.01 Trust Indenture Act Controls. 107 Section 13.02 Notices. 108 Section 13.03 Communication by Holders of Notes with Other Holders of Notes. 109 Section 13.04 Certificate and Opinion as to Conditions Precedent. 109 Section 13.05 Statements Required in Certificate or Opinion. 109 Section 13.06 Rules by Trustee and Agents. 110 Section 13.07 Payments Due on Non-Business Days. 110 Section 13.08 No Personal Liability of Directors, Officers, Employees, Stockholders or Securityholders. 110 Section 13.09 Governing Law; Jury Trial Waiver. 110 Section 13.10 No Adverse Interpretation of Other Agreements. 111 Section 13.11 Successors. 111 Section 13.12 Severability. 111 Section 13.13 Counterpart Originals. 111 Section 13.14 Table of Contents, Headings, etc. 111 Section 13.15 Force Majeure. 111 Exhibit A1 FORM OF NOTE Exhibit A2 FORM OF REGULATION S TEMPORARY GLOBAL NOTE Exhibit B FORM OF CERTIFICATE OF TRANSFER Exhibit C FORM OF CERTIFICATE OF EXCHANGE Exhibit D FORM OF SUBSIDIARY GUARANTEE Exhibit E FORM OF SUPPLEMENTAL INDENTURE Exhibit F FORM OF INCUMBENCY CERTIFICATE INDENTURE dated as of July 23, 2009 by and among Kellwood Company, a Delaware corporation (the “Company”), the Guarantors from time to time party hereto and ▇▇▇▇▇ Fargo Bank National Association, a national banking association, as trustee (in such capacity, the “Trustee”) and as collateral agent (in such capacity, the “Collateral Agent”). The Company and the Guarantors agree with the Trustee and Collateral Agent as follows for the benefit of each other and for the equal and ratable benefit of the Holders of all of the Notes (the Initial Notes, together with any Additional Notes, each as defined herein, the “Notes”):

MISCELLANEOUS 107. Section 13.01 Trust Indenture Act Controls. 107 Section 13.02 Notices. 108 Section 13.03 Communication by Holders of Notes with Other Holders of Notes. 109 Section 13.04 Certificate and Opinion as to Conditions Precedent. 109 Section 13.05 Statements Required in Certificate or Opinion. 109 Section 13.06 Rules by Trustee and Agents. 110 Section 13.07 Payments Due on Non-Business Days. 110 Section 13.08 No Personal Liability of Directors, Officers, Employees, Stockholders or Securityholders. 110 Section 13.09 Governing Law; Jury Trial Waiver. Waiver 110 Section 13.10 No Adverse Interpretation of Other Agreements. 111 Section 13.11 Successors. 111 Section 13.12 Severability. 111 Section 13.13 Counterpart Originals. 111 Section 13.14 Table of Contents, Headings, etc. 111 Section 13.15 Force Majeure. 111 Exhibit A1 FORM OF NOTE Exhibit A2 FORM OF REGULATION S TEMPORARY GLOBAL NOTE Exhibit B FORM OF CERTIFICATE OF TRANSFER Exhibit C FORM OF CERTIFICATE OF EXCHANGE Exhibit D FORM OF SUBSIDIARY GUARANTEE Exhibit E FORM OF SUPPLEMENTAL INDENTURE Exhibit F FORM OF INCUMBENCY CERTIFICATE INDENTURE dated as of July 23, 2009 by and among Kellwood Company, a Delaware corporation (the “Company”), the Guarantors from time to time party hereto and ▇▇▇▇▇ Fargo Bank National Association, a national banking association, as trustee (in such capacity, the “Trustee”) and as collateral agent (in such capacity, the “Collateral Agent”). The Company and the Guarantors agree with the Trustee and Collateral Agent as follows for the benefit of each other and for the equal and ratable benefit of the Holders of all of the Notes (the Initial Notes, together with any Additional Notes, each as defined herein, the “Notes”):