Exhibit 4.1 ----------- LOAN AND SECURITY AGREEMENT by and between SWANK, INC. as Borrower,Loan and Security Agreement • July 7th, 2004 • Swank, Inc. • Leather & leather products • Massachusetts
Contract Type FiledJuly 7th, 2004 Company Industry Jurisdiction
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 24th, 2006 • Swank, Inc. • Leather & leather products • Massachusetts
Contract Type FiledApril 24th, 2006 Company Industry Jurisdiction
AGREEMENTAgreement • March 31st, 2006 • Swank, Inc. • Leather & leather products • New York
Contract Type FiledMarch 31st, 2006 Company Industry Jurisdiction
Exhibit 4.2 ----------- TRADEMARK COLLATERAL -------------------- SECURITY AND PLEDGE AGREEMENT ----------------------------- TRADEMARK COLLATERAL SECURITY AND PLEDGE AGREEMENT dated as of June 30, 2004, between SWANK, INC., a Delaware corporation...Security and Pledge Agreement • July 7th, 2004 • Swank, Inc. • Leather & leather products • Massachusetts
Contract Type FiledJuly 7th, 2004 Company Industry Jurisdiction
EXHIBIT 4.01.6 -------------- FIFTH AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT THIS FIFTH AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT (this "Amendment") is made as of April 27, 2001, among SWANK, INC., a corporation organized under...And Security Agreement • June 12th, 2001 • Swank Inc • Leather & leather products • New York
Contract Type FiledJune 12th, 2001 Company Industry Jurisdiction
SIXTH AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT ---------------------- THIS SIXTH AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT (this "Amendment") is made as of June 8, 2001, among SWANK, INC., a corporation organized under the laws...Revolving Credit and Security Agreement • June 12th, 2001 • Swank Inc • Leather & leather products • New York
Contract Type FiledJune 12th, 2001 Company Industry Jurisdiction
EXHIBIT 4 SWANK, INC. 1994 NON-EMPLOYEE DIRECTOR STOCK OPTION PLAN NON- QUALIFIED STOCK OPTION CONTRACT THIS NON-QUALIFIED STOCK OPTION CONTRACT entered into as of the 23rd day of April 1998, between Swank, Inc., a Delaware corporation (the...Non-Qualified Stock Option Contract • December 14th, 2001 • Swank Inc • Leather & leather products • Delaware
Contract Type FiledDecember 14th, 2001 Company Industry Jurisdiction
EXHIBIT 10.16 SWANK, INC. 1987 INCENTIVE STOCK OPTION PLAN INCENTIVE STOCK OPTION CONTRACT ------------------------------- THIS INCENTIVE STOCK OPTION CONTRACT entered into as of October 1, 1996 between SWANK, INC., a Delaware corporation (the...Incentive Stock Option Contract • March 28th, 1997 • Swank Inc • Leather & leather products
Contract Type FiledMarch 28th, 1997 Company Industry
Exhibit 4.3 ----------- PATENT COLLATERAL ASSIGNMENT AND SECURITY AGREEMENT PATENT COLLATERAL SECURITY AND PLEDGE AGREEMENT dated as of June 30, 2004, between SWANK, INC., a Delaware corporation having its principal place of business at 90 Park...Patent Collateral Assignment and Security Agreement • July 7th, 2004 • Swank, Inc. • Leather & leather products • Massachusetts
Contract Type FiledJuly 7th, 2004 Company Industry Jurisdiction
Swank, Inc. 90 Park Avenue New York, New York 10016Swank Inc • March 28th, 1997 • Leather & leather products
Company FiledMarch 28th, 1997 Industry
SWANK, INC. 90 PARK AVENUE NEW YORK, NEW YORK 10016Swank Inc • November 14th, 2001 • Leather & leather products
Company FiledNovember 14th, 2001 IndustryWe refer to the Agreement dated as of June 20, 1991 between Swank, Inc. (the "Corporation") and you concerning your employment by the Corporation, as amended by letter agreements dated as of January 1, 1992, September 1, 1993, October 30, 1995, May 4, 1998 and May 30, 2001 between the Corporation and you (as so amended, the "Employment Agreement"). This letter will serve to confirm our understanding and agreement with regard to the Employment Agreement that during the term of the Employment Agreement, you will receive a base salary at the rate of $250,000.00 per annum, payable at the times and in the manner as is set forth in the Employment Agreement.
EXHIBIT 10.03.4Swank Inc • March 29th, 1999 • Leather & leather products
Company FiledMarch 29th, 1999 Industry
SWANK, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY LLC Rights Agent RIGHTS AGREEMENT Dated as of November 11, 2009Rights Agreement • November 12th, 2009 • Swank, Inc. • Leather & leather products • Delaware
Contract Type FiledNovember 12th, 2009 Company Industry JurisdictionRIGHTS AGREEMENT, dated as of November 11, 2009 (the “Agreement”), between Swank, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company LLC (the “Rights Agent”).
EXHIBIT 10.05 TERMINATION AGREEMENT TERMINATION AGREEMENT effective as of January 1, 1999 between SWANK, INC., a Delaware corporation having its principal office at 90 Park Avenue, New York, New York (the "Company"), and _________________________,...Termination Agreement • March 29th, 1999 • Swank Inc • Leather & leather products • New York
Contract Type FiledMarch 29th, 1999 Company Industry Jurisdiction
SWANK, INC. 1994 NON-EMPLOYEE DIRECTOR STOCK OPTION PLAN NON-QUALIFIED STOCK OPTION CONTRACTEmployee Director Stock Option Plan Non-Qualified Stock Option Contract • November 15th, 2004 • Swank, Inc. • Leather & leather products • Delaware
Contract Type FiledNovember 15th, 2004 Company Industry JurisdictionTHIS NON-QUALIFIED STOCK OPTION CONTRACT entered into as of the 10th day of August 2004, between Swank, Inc., a Delaware corporation (the "Company"), and John J. Macht (the "Optionee").
PLEDGE AGREEMENT PLEDGE AGREEMENT dated as of July 27, 1998, made by SWANK, INC., a Delaware corporation (the "Borrower"), in favor of PNC BANK, NATIONAL ASSOCIATION, a national banking association, as Agent (in such capacity, the "Agent") for the...Pledge Agreement • August 7th, 1998 • Swank Inc • Leather & leather products • New York
Contract Type FiledAugust 7th, 1998 Company Industry Jurisdiction
INCENTIVE STOCK OPTION CONTRACTIncentive Stock Option Contract • March 5th, 2008 • Swank, Inc. • Leather & leather products • Delaware
Contract Type FiledMarch 5th, 2008 Company Industry JurisdictionINCENTIVE STOCK OPTION CONTRACT dated as of February 28, 2008 by and between SWANK, INC., a Delaware corporation (the "Company"), and James Tulin (the "Optionee"). Capitalized terms used but not defined herein shall have the meanings assigned to them in the Company's 1998 Equity Incentive Compensation Plan (the "Plan").
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • January 14th, 2008 • Swank, Inc. • Leather & leather products • New York
Contract Type FiledJanuary 14th, 2008 Company Industry JurisdictionAMENDED AND RESTATED EMPLOYMENT AGREEMENT (“Agreement”) dated as of January 10, 2008 (the “Commencement Date”) between SWANK, INC., a Delaware corporation, with an address at 90 Park Avenue, New York, New York 10016 (the “Corporation”), and JAMES E. TULIN, residing at 11843 East Desert Trail Road, Scottsdale, Arizona 85259 (“Employee”).
EXHIBIT 10.17 EMPLOYMENT AGREEMENT -------------------- AGREEMENT dated as of October 1, 1996 between SWANK, INC., a Delaware corporation with an address at 90 Park Avenue, New York, New York 10016 (the "Corporation"), and CHRISTOPHER F. WOLF,...Employment Agreement • March 28th, 1997 • Swank Inc • Leather & leather products • New York
Contract Type FiledMarch 28th, 1997 Company Industry Jurisdiction
LOAN AND SECURITY AGREEMENT by and between SWANK, INC. as Borrower, and WELLS FARGO FOOTHILL, INC. as Lender Dated as of June 30, 2004Loan and Security Agreement • March 31st, 2011 • Swank, Inc. • Leather & leather products • Massachusetts
Contract Type FiledMarch 31st, 2011 Company Industry JurisdictionTHIS LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into as of June 30, 2004, by and between WELLS FARGO FOOTHILL, INC., a California corporation (“Lender”) and SWANK, INC., a Delaware corporation (“Borrower”).
SWANK, INC. 1994 NON-EMPLOYEE DIRECTOR STOCK OPTION PLAN NON-QUALIFIED STOCK OPTION CONTRACTDirector Stock Option Plan Non-Qualified Stock Option Contract • September 9th, 2004 • Swank, Inc. • Leather & leather products • Delaware
Contract Type FiledSeptember 9th, 2004 Company Industry JurisdictionTHIS NON-QUALIFIED STOCK OPTION CONTRACT entered into as of the 10th day of August 2004, between Swank, Inc., a Delaware corporation (the "Company"), and Raymond Vise (the "Optionee").
EXIBIT 10.11.7 SWANK, INC. 1994 NON-EMPLOYEE DIRECTOR STOCK OPTION PLAN NON- QUALIFIED STOCK OPTION CONTRACT THIS NON-QUALIFIED STOCK OPTION CONTRACT entered into as of the 23rd day of April 1998, between Swank, Inc., a Delaware corporation (the...Exibit • March 29th, 1999 • Swank Inc • Leather & leather products • Delaware
Contract Type FiledMarch 29th, 1999 Company Industry Jurisdiction
SWANK, INC. AMENDMENT AND RELEASE AGREEMENTAmendment and Release Agreement • February 3rd, 2012 • Swank, Inc. • Leather & leather products • New York
Contract Type FiledFebruary 3rd, 2012 Company Industry JurisdictionTHIS AMENDMENT AND RELEASE AGREEMENT (the “Release”) is made and entered into as of this the 3rd day of February, 2012 by and between Swank, Inc., a Delaware corporation (the “Company”), and James E. Tulin (the “Employee”).
EXHIBIT 21998 Equity Incentive Compensation Plan Incentive Stock Option Contract • December 14th, 2001 • Swank Inc • Leather & leather products • Delaware
Contract Type FiledDecember 14th, 2001 Company Industry Jurisdiction
BACKGROUNDLoan Documents • November 12th, 1999 • Swank Inc • Leather & leather products
Contract Type FiledNovember 12th, 1999 Company Industry
EXHIBIT 10.08 TERMINATION AGREEMENT --------------------- TERMINATION AGREEMENT effective as of October 1, 1996 between SWANK, INC., a Delaware corporation having its principal office at 90 Park Avenue, New York, New York (the "Company"), and...Termination Agreement • March 28th, 1997 • Swank Inc • Leather & leather products • New York
Contract Type FiledMarch 28th, 1997 Company Industry Jurisdiction
EMPLOYMENT AGREEMENTEmployment Agreement • March 27th, 2007 • Swank, Inc. • Leather & leather products • New York
Contract Type FiledMarch 27th, 2007 Company Industry JurisdictionAGREEMENT dated as of January 1, 2007 between SWANK, INC., a Delaware corporation, with an address at 90 Park Avenue, New York, New York 10016 (the “Corporation”), and JOHN TULIN, residing at 1196 Elinor Road, Hewlett, New York 11557 (“Employee”).
SEVENTH AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT THIS SEVENTH AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT (this "Amendment") is made as of July 16, 2001, among SWANK, INC., a corporation organized under the laws of the State of...Revolving Credit and Security Agreement • August 17th, 2001 • Swank Inc • Leather & leather products • New York
Contract Type FiledAugust 17th, 2001 Company Industry Jurisdiction
SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 6th, 2007 • Swank, Inc. • Leather & leather products • Massachusetts
Contract Type FiledJuly 6th, 2007 Company Industry JurisdictionSixth Amendment dated as of July 2, 2007 to Loan and Security Agreement (the “Sixth Amendment”), by and between SWANK, INC., a Delaware corporation (the “Borrower”) and WELLS FARGO FOOTHILL, INC. (the “Lender”), amending certain provisions of the Loan and Security Agreement dated as of June 30, 2004 (as amended and in effect from time to time, the “Agreement”) by and between the Borrower and the Lender. Terms not otherwise defined herein which are defined in the Agreement shall have the same respective meanings herein as therein.
REVOLVING CREDIT ANDRevolving Credit And • August 7th, 1998 • Swank Inc • Leather & leather products • New York
Contract Type FiledAugust 7th, 1998 Company Industry Jurisdiction
VOTING AND SUPPORT AGREEMENTVoting and Support Agreement • February 3rd, 2012 • Swank, Inc. • Leather & leather products • Delaware
Contract Type FiledFebruary 3rd, 2012 Company Industry JurisdictionThis VOTING AND SUPPORT AGREEMENT (this “Agreement”) is entered into as of February 3, 2012, by and among Randa Accessories Leather Goods LLC, a Delaware limited liability company (“Parent”), Swing Acquisition LLC (“Intermediate Sub”), a Delaware limited liability company and wholly owned subsidiary of Parent, Swing Merger Sub, Inc., a Delaware corporation and wholly owned subsidiary of Intermediate Sub (“Merger Sub”) and [ ] (“Stockholder”). Parent, Intermediate Sub, Merger Sub and Stockholder are each sometimes referred to herein as a “Party” and collectively as the “Parties”.
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 2nd, 2007 • Swank, Inc. • Leather & leather products • Massachusetts
Contract Type FiledApril 2nd, 2007 Company Industry JurisdictionThird Amendment dated as of September 1, 2005 to Loan and Security Agreement (the “Third Amendment”), by and between SWANK, INC., a Delaware corporation (the “Borrower”) and WELLS FARGO FOOTHILL, INC. (the “Lender”), amending certain provisions of the Loan and Security Agreement dated as of June 30, 2004 (as amended and in effect from time to time, the “Agreement”) by and between the Borrower and the Lender. Terms not otherwise defined herein which are defined in the Agreement shall have the same respective meanings herein as therein.
SWANK, INC. 90 PARK AVENUE NEW YORK, NEW YORK 10017Swank, Inc. • September 18th, 2006 • Leather & leather products
Company FiledSeptember 18th, 2006 IndustryThis will confirm our agreement that, notwithstanding the provisions of the Agreement, (a) the last day of the present Employment Term shall be March 31, 2007, and the notice that may be given by either you or Swank under Section 1 of the Agreement that the present Employment Term shall not be extended may be given by either Swank or you on or prior to March 15, 2007, (b) in the event that neither you nor Swank notify the other that the Employment Term shall not be extended, the Employment Term shall be extended until June 30, 2008, and thereafter, further extensions and notices that the Employment Term shall not be extended, as the case may be, shall be in accordance with the terms of the Agreement, and (c) in the event you shall provide notice on or prior to March 15, 2007 that the present Employment Term shall not be so extended, (i) Swank shall pay to you, provided you shall not at any time be in violation of paragraph 6 of the Agreement, a severance payment, payable in installment
SWANK, INC. 90 Park Avenue New York, New York 10016Swank Inc • March 25th, 2004 • Leather & leather products • Massachusetts
Company FiledMarch 25th, 2004 Industry JurisdictionCONGRESS FINANCIAL CORPORATION (NEW ENGLAND) One Post Office Square Suite 3600 Boston, Massachusetts 02109 Attention: Mr. John Husson, Senior Vice President
STOCK AWARD AGREEMENTStock Award Agreement • March 13th, 2009 • Swank, Inc. • Leather & leather products • Delaware
Contract Type FiledMarch 13th, 2009 Company Industry JurisdictionStock Award Agreement (this “Agreement”) dated as of March 11, 2009 is between SWANK, INC., a Delaware corporation (the “Company”), and JOHN TULIN (the “Employee” or “you”).