AMENDMENT NO. 2 AND CONSENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • February 27th, 2008 • Warnaco Group Inc /De/ • Women's, misses', children's & infants' undergarments • New York
This Amendment No. 2 and Consent to AMENDED AND RESTATED CREDIT AGREEMENT, dated as of December 19, 2007 (this “Amendment”), is entered into among WARNACO INC., a Delaware corporation (the “Borrower”), THE WARNACO GROUP, INC., a Delaware corporation (“Group”), CITICORP NORTH AMERICA, INC. (“CNAI”) as Revolving Facility Agent (as defined below) on behalf of each Revolving Credit Lender executing a Lender Consent (as defined below) and CNAI as Term Facility Agent (as defined below) on behalf of each Term Loan Lender executing a Lender Consent and amends the Amended and Restated Credit Agreement, dated as of January 31, 2006 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, Group, the Lenders and Issuers party thereto, CNAI, as administrative agent for the Revolving Credit Facility (the “Revolving Facility Agent”) and as administrative agent for the Term Loan Facility (the “Term Facility Agent” and, to
PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.Warnaco Group Inc /De/ • February 27th, 2008 • Women's, misses', children's & infants' undergarments • New York
This Letter Agreement, among other things, sets forth the terms and conditions upon which CKI is granting certain additional rights to Warnaco pursuant to which Warnaco may operate commercial e-commerce sites only in the applicable territories covered by each of the above-identified Licenses (the “Warnaco Territories,” which, for the purposes of the e-commerce rights described in this Letter Agreement, shall also include Central and South America for Jeanswear Accessories, subject to entry of a separate letter agreement attached hereto) (the “Web Sites”) and hereby amends each such agreement to provide for such additional rights, as set forth herein. All capitalized terms used herein and not otherwise defined herein shall have the meaning assigned to them in the Licenses.
