GUARANTYGuaranty • September 13th, 2005 • New York & Company, Inc. • Retail-women's clothing stores • New York
Wachovia Bank, National Association (“Wachovia”), successor by merger to Congress Financial Corporation, as agent (in such capacity “Agent”) for the Lenders (as defined below) and the Bank Product Providers (as defined in the Loan Agreement (as defined below)), Lerner New York, Inc., a Delaware corporation (“Lerner”) and Lernco, Inc., a Delaware corporation (“Lernco” and together with Lerner and any other person now or hereafter made a party to the Loan Agreement as a ‘Borrower’, collectively referred to as “Borrowers” and individually each a “Borrower”) have entered into certain financing arrangements pursuant to which Lenders may make loans and advances and provide other financial accommodations to Borrowers as set forth in that certain Amended and Restated Loan and Security Agreement, dated as of March 16, 2004, by and among Agent, Borrowers, the persons from time to time party thereto as lenders (the “Lenders”), The CIT Group/Business Credit, Inc., in its capacity as documentation
STOCK PURCHASE AGREEMENTStock Purchase Agreement • September 13th, 2005 • New York & Company, Inc. • Retail-women's clothing stores • New York
STOCK PURCHASE AGREEMENT (together with the Schedules and Appendices hereto, the “Agreement”), dated as of July 19, 2005 (the “Closing Date”), by and among Lerner New York, Inc., a Delaware corporation (the “Purchaser”) and Luciano Manganella, a Massachusetts resident (the “Shareholder”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 13th, 2005 • New York & Company, Inc. • Retail-women's clothing stores • Delaware
This Registration Rights Agreement (this “Agreement”) is made and entered into as of this 19th day of July, 2005, by and between New York & Company, Inc., a Delaware corporation (the “Company”) and Luciano Manganella (“Manganella”).
THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 13th, 2005 • New York & Company, Inc. • Retail-women's clothing stores • New York
THIS THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of July 19, 2005, is entered into by and among the lenders signatory hereto (the “Lenders”), WACHOVIA BANK, NATIONAL ASSOCIATION, as successor by merger to Congress Financial Corporation, as agent for the Lenders (in such capacity, “Agent”), THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation, as documentation agent (“Documentation Agent”), and LERNER NEW YORK, INC., a Delaware corporation (“Lerner”) and LERNCO, INC., a Delaware corporation (“Lernco” and together with Lerner, “Borrowers” and each a “Borrower”).
