0001047469-04-022959 Sample Contracts

NEW YORK & COMPANY New York, NY 10001

Letter Agreement of Employment • July 9th, 2004 • New York & Company, Inc. • Retail-women's clothing stores • New York

• Contract Type
  Letter Agreement of Employment
• Filed
  July 9th, 2004
• Company
  New York & Company, Inc.
• Industry
  Retail-women's clothing stores
• Jurisdiction
  New York

This letter agreement (this “Agreement”) sets forth the terms and conditions of your employment, and your employment relationship, with Lerner New York, Inc. (the “Company”). Your execution of this Agreement will represent your acceptance of all of the terms set forth below.

AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT by and among LERNER NEW YORK, INC. and LERNCO, INC., as Borrowers, CONGRESS FINANCIAL CORPORATION as Agent, WACHOVIA BANK, NATIONAL ASSOCIATION as Arranger,

Loan and Security Agreement • July 9th, 2004 • New York & Company, Inc. • Retail-women's clothing stores • New York

• Contract Type
  Loan and Security Agreement
• Filed
  July 9th, 2004
• Company
  New York & Company, Inc.
• Industry
  Retail-women's clothing stores
• Jurisdiction
  New York

This Amended and Restated Loan and Security Agreement dated as of March 16, 2004 (this “Agreement”) is entered into by and among Lerner New York, Inc., a Delaware corporation (“Lerner”), and Lernco, Inc., a Delaware corporation (“Lernco” and together with Lerner, “Borrowers” and individually each a “Borrower”), as borrowers, the Lenders (as defined herein), Congress Financial Corporation, a Delaware corporation, in its capacity as agent for the Lenders and the Bank Product Providers (in such capacity, “Agent”), The CIT Group/Business Credit, Inc., a New York corporation, in its capacity as documentation agent for Lenders (in such capacity, “Documentation Agent”), and Wachovia Bank, National Association, as the arranger for the Lenders (“Arranger”).

TRANSITION SERVICES AGREEMENT dated as of November 27, 2002 between LERNER NEW YORK HOLDING, INC., NY & CO. GROUP, INC. and LIMITED BRANDS, INC.

Transition Services Agreement • July 9th, 2004 • New York & Company, Inc. • Retail-women's clothing stores • New York

• Contract Type
  Transition Services Agreement
• Filed
  July 9th, 2004
• Company
  New York & Company, Inc.
• Industry
  Retail-women's clothing stores
• Jurisdiction
  New York

This Transition Services Agreement (this “Agreement”) is entered into as of November 27, 2002 by and between Lerner New York Holding, Inc., a Delaware corporation (“Target”), NY & Co. Group, Inc., a Delaware corporation (“Buyer”), and Limited Brands, Inc., a Delaware corporation (“Limited Brands”).