SECOND AGENCY AGREEMENTSecond Agency Agreement • November 2nd, 2011 • New York
Contract Type FiledNovember 2nd, 2011 JurisdictionThis Second Agency Agreement (“Agreement”) is made as of November 2, 2011, among (i) Syms Corp (“Syms”) and Filene’s Basement, LLC (“Filene’s” and, together with Syms, either “Merchant” or “Merchants”), jointly and severally; and (ii) a joint venture of Gordon Brothers Retail Partners, LLC (“GBRP”) and Hilco Merchant Resources, LLC (“Hilco” and, together with GBRP, “Agent”), jointly and severally.