SECOND AMENDED AND RESTATED FACTORING AND FINANCING AGREEMENT The CIT Group/Commercial Services, Inc. (as Lender) and Bernard Chaus, Inc. Cynthia Steffe Acquisition, LLC and S.L. Danielle Acquisition, LLC (as Borrowers) Dated: As of March 29, 2010Factoring and Financing Agreement • March 30th, 2010 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
Contract Type FiledMarch 30th, 2010 Company Industry JurisdictionWHEREAS, the Companies and Lender are parties to an Amended and Restated Factoring and Financing Agreement (as amended through the date hereof, the “Old A&R Factoring and Financing Agreement”) dated as of September 10, 2009, and related agreements and documents pursuant to which CIT, extended to the Companies factoring and financing services; and
AMENDED AND RESTATED FACTORING AND FINANCING AGREEMENT The CIT Group/Commercial Services, Inc. (as Lender) and Bernard Chaus, Inc. Cynthia Steffe Acquisition, LLC and S.L. Danielle Acquisition, LLC (as Borrowers) Dated: As of September 10, 2009Factoring and Financing Agreement • November 17th, 2009 • Chaus Bernard Inc • Women's, misses', and juniors outerwear
Contract Type FiledNovember 17th, 2009 Company IndustryWHEREAS, the Companies and Lender are parties to (i) an Amended and Restated Financing Agreement (as amended through the date hereof, the “A&R Financing Agreement”) dated as of September 18, 2008 (the “Original Closing Date”), and related agreements and documents pursuant to which CIT, as agent for the lenders from time to time party thereto (in such capacity, the “Agent”) extended to the Companies a Revolving Line of Credit in the amount of up to $30,000,000 and (ii) a Factoring Agreement dated September 18, 2008 (the “Original Factoring Agreement” and together with the A&R Financing Agreement, the “Original Factoring and Financing Agreements”) and related agreements and documents pursuant to which CIT acted as sole factor (in such capacity, the “Factor”); and