AmendmentAmendment • December 18th, 2014 • Eminence Capital, Lp • Retail-apparel & accessory stores • New York
This Amendment (this "Amendment"), dated as of December 16, 2014, is made by and between Eminence Capital, LP, as successor to Eminence Capital, LLC, on behalf of itself and certain of its affiliates listed on Exhibit A hereto (collectively, "Eminence"), on the one hand, and The Men's Wearhouse, Inc., a Texas corporation (the "Company"), and Jos. A. Bank Clothiers, Inc., as successor to Java Corp. (together with the Company, "MW"), on the other hand, and amends the Agreement, dated as of February 24, 2014, between Eminence, the Company and Java Corp. (the "Agreement"). Capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings given them in the Agreement.
JOINT FILING AGREEMENT PURSUANT TO RULE 13(d)-1(k)Joint Filing Agreement • December 18th, 2014 • Eminence Capital, Lp • Retail-apparel & accessory stores
The undersigned acknowledge and agree that the foregoing statement on Schedule 13D is filed on behalf of each of the undersigned and that all subsequent amendments to this statement on Schedule 13D shall be filed on behalf of each of the undersigned without the necessity of filing additional joint filing agreements. The undersigned acknowledge that each shall be responsible for the timely filing of such amendments, and for the completeness and accuracy of the information concerning him or it contained herein and therein, but shall not be responsible for the completeness and accuracy of the information concerning the others, except to the extent that he or it knows or has reason to believe that such information is inaccurate.
