TDS FRANCHISING, LLC
Exhibit 10.49
TDS FRANCHISING, LLC
000 XXXXX XXXXX XXXXX XXXXXX
XXXXXXX, XXXXXXXXXX 00000
April 5, 2006
Hoop Retail Stores, LLC
Hoop Canada, Inc.
c/o The Children’s Place Retail Stores, Inc.
000 Xxxxxxxx Xxxx
Xxxxxxxx, Xxx Xxxxxx 00000
Facsimile: (000) 000-0000
Attention: Chief Financial Officer
Re: Date for Initial Minimum Refurbishment Commitment
Ladies and Gentlemen:
We refer to the License and Conduct of Business Agreement dated as of November 21, 2004 (as amended to date, the “License Agreement”), by and amongst TDS Franchising, LLC (“TDSF”), Hoop Retail Stores, LLC, as successor to The Disney Store, LLC (“Hoop USA”), and Hoop Canada, Inc., as successor to The Disney Store (Canada) Ltd. (“Hoop Canada”). Capitalized terms used herein without definition shall have the respective meanings assigned thereto in the License Agreement.
We hereby agree that the first reference to “January 1, 2008” in Section 9.3.5(b) of the License Agreement shall be changed to “January 1, 2009,” which shall have the effect of extending the completion date for the Initial Minimum Refurbishment Commitment by one (1) year.
If you agree with the foregoing, please so indicate by executing this letter in the place provided below and returning a fully executed original of this letter to the undersigned, whereupon this letter will be deemed a binding amendment to the License Agreement. Except as specifically provided herein, all other terms and conditions of the License Agreement shall not be modified, changed or amended in any manner whatsoever and shall remain in full force and effect.
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Sincerely, |
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TDS FRANCHISING, LLC |
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By: |
/s/ Xxxxx X. Xxxxxxxxxx |
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Name: |
Xxxxx X. Xxxxxxxxxx |
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Title: |
Vice President |
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[Signature Page to Letter Regarding Initial Minimum Refurbishment Commitment]
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ACCEPTED AND AGREED TO AS OF THE DATE FIRST SET FORTH ABOVE: |
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HOOP RETAIL STORES, LLC |
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By: |
/s/ Xxxxxx Xxxxxxxxx |
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Name: Xxxxx Xxxxxxxxx |
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Title: Senior Vice President and Secretary |
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HOOP CANADA, INC. |
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By: |
/s/ Xxxxxx Xxxxxxxxx |
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Name: Xxxxx Xxxxxxxxx |
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Title: Senior Vice President and Secretary |
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cc: |
Hoop Retail Stores, LLC |
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Hoop Canada, Inc. |
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c/o The Children’s Place Retail Stores, Inc. |
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000 Xxxxxxxx Xxxx |
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Xxxxxxxx, Xxx Xxxxxx 00000 |
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Facsimile: (000) 000-0000 |
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Attention: General Counsel |
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Stroock & Stroock & Xxxxx LLP |
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000 Xxxxxx Xxxx |
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Xxx Xxxx, Xxx Xxxx 00000 |
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Facsimile: (000) 000-0000 |
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Attention: Xxxxxxx X. Xxxxxxxxx, Esq. |
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