NEW YORK & COMPANY New York, NY 10001Letter Agreement of Employment • April 7th, 2006 • New York & Company, Inc. • Retail-women's clothing stores • 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 and will supercede any other Letter Agreement of Employment entered into prior to this Agreement.
AMENDMENT NO. 2 TO THE STOCKHOLDERS AGREEMENTStockholders Agreement • April 7th, 2006 • New York & Company, Inc. • Retail-women's clothing stores • New York
This Amendment (“Amendment”) to the Stockholders Agreement dated as of August 25, 2004 (the “Stockholders Agreement”), by and among New York & Company, Inc., a Delaware corporation (the “Company”) and the Stockholders named therein, is effective as of October 3, 2005. Certain capitalized terms used but not defined herein have the meaning attributed to them in the Stockholders Agreement.
FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 7th, 2006 • New York & Company, Inc. • Retail-women's clothing stores • New York
This FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of January 4, 2006, is entered into by and among the lenders party hereto (collectively, the “Lenders”), Wachovia Bank, National Association, a national banking association, successor by merger to Congress Financial Corporation, in its capacity as agent for the Lenders (in such capacity, “Agent”), The CIT Group/Business Credit, Inc., a New York corporation, in its capacity as documentation agent (in such capacity, “Documentation Agent”), 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”).
