AMENDMENT NO. 1 TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AND JOINDERLoan and Security Agreement • December 11th, 2019 • RTW Retailwinds, Inc. • Retail-women's clothing stores • New York
This Fourth Amended and Restated Loan and Security Agreement (this “Agreement”), dated as of October 24, 2014, is entered into by and among Lerner New York, Inc., a Delaware corporation (“Lerner”), Lernco, Inc., a Delaware corporation (“Lernco”), Lerner New York Outlet, LLC, a Massachusetts limited liability company (“Lerner Outlet”), and Lerner New York FTF, LLC, a Delaware limited liability company (“Lerner FTF”, and together with Lerner, Lernco and Lerner Outlet, each individually a “Borrower” and, collectively with their respective successors and assigns and those additional Persons that are joined as a party to this Agreement as a “Borrower” by executing and delivering a joinder agreement in form and substance reasonably acceptable to Agent, the “Borrowers”), RTW Retailwinds, Inc. (formerly known as New York & Company, Inc.), a Delaware corporation (“RTW”), Lerner New York Holding, Inc., a Delaware corporation (“Parent”), New York & Company Stores, Inc., a New York corporation (“N
