EXP TOPCO, LLC AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT Dated January 25, 2023Limited Liability Company Agreement • January 26th, 2023 • Express, Inc. • Retail-apparel & accessory stores • Delaware
Contract Type FiledJanuary 26th, 2023 Company Industry JurisdictionThis AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of EXP TOPCO, LLC, a Delaware limited liability company (the “Company”), is entered into on January 25, 2023 (the “Closing Date”), pursuant to the Delaware Limited Liability Company Act, Delaware Code Ann. Title 6, §§18-101, et seq. (the “Delaware Act”), by and among the Company, EXPWHP, LLC, a Delaware limited liability company (“EXPWHP”), Express Fashion Investments, LLC, a Delaware limited liability company (“Contribution Co”), and Express LLC, a Delaware limited liability company (“Express”). Capitalized terms used herein shall have the respective meanings ascribed to such terms in Article I.
EX TOPCO, LLC AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT Dated [•], 2023Limited Liability Company Agreement • December 9th, 2022 • Express, Inc. • Retail-apparel & accessory stores • Delaware
Contract Type FiledDecember 9th, 2022 Company Industry JurisdictionThis AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of EX TOPCO, LLC, a Delaware limited liability company (the “Company”), is entered into on [•], 2023 (the “Closing Date”), pursuant to the Delaware Limited Liability Company Act, Delaware Code Ann. Title 6, §§18-101, et seq. (the “Delaware Act”), by and among the Company, EXWHP, LLC, a Delaware limited liability company (“EXWHP”), [[•],a [•],]and Express Inc., a Delaware Corporation (“Express”). Capitalized terms used herein shall have the respective meanings ascribed to such terms in Article I.