AMENDMENT NO. 1 TO AMENDED AND RESTATED FINANCING AGREEMENT AND WAIVERFinancing Agreement • February 17th, 2009 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
AMENDMENT NO. 1 TO AMENDED AND RESTATED FINANCING AGREEMENT AND WAIVER (this “Amendment”) is entered into as of February 1, 2009, by and among CYNTHIA STEFFE ACQUISITION, LLC, a New York limited liability company (“CS Acquisition”), S.L. DANIELLE ACQUISITION, LLC a New York limited liability company (“Danielle Acquisition”), BERNARD CHAUS, INC. a New York corporation (“Chaus” and together with CS Acquisition and Danielle Acquisition, collectively, the “Company”) and THE CIT GROUP/COMMERCIAL SERVICES, INC. (“CIT”) as agent (in such capacity, “Agent”) for itself and the various other financial institutions (together with CIT, collectively, the “Lenders”) named in or which hereafter become a party to the Financing Agreement (as hereafter defined).
