AMENDED AND RESTATED GUARANTY Bank of America, N.A. LENDER November 13, 2007Aeropostale Inc • September 8th, 2010 • Retail-apparel & accessory stores • Massachusetts
Company FiledSeptember 8th, 2010 Industry JurisdictionWHEREAS, the Borrower, the Guarantors and the Lender (as assignee of Fleet Retail Finance Inc. (“Fleet”) pursuant to that certain Assignment and Acceptance dated as of even date herewith by and between Fleet, as Assignor, and Bank of America, N.A., as Assignee), are party to that certain Second Amended and Restated Loan and Security Agreement dated as of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”); and
ContractAeropostale Inc • June 4th, 2010 • Retail-apparel & accessory stores
Company FiledJune 4th, 2010 IndustryAMENDED AND RESTATED GUARANTY Bank of America, N.A. Lender November 13, 2007 FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE ACKNOWLEDGED, each of the undersigned Aeropostale West, Inc., a Delaware corporation (the “Existing Guarantor”), Jimmy’Z Surf Co., Inc., a Delaware corporation, and Aero GC Management LLC, a Virginia limited liability company, each with offices at 112 West 34th Street, New York, New York 10120 (the foregoing, together with the Existing Guarantor, individually a “Guarantor” and collectively, the “Guarantors”) unconditionally guarantees, in accordance with the terms hereof and without any prior written notice, the payment and performance of the Liabilities (defined below) of Aeropostale, Inc. (the “Borrower”), a Delaware corporation with its principal executive offices at 112 West 34th Street, New York, New York 10120 to Bank of America, N.A., a national banking association with offices at 100 Federal Street, 9th Floor, Boston, Massach