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
WHEREAS, 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
