SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT by and among LERNER NEW YORK, INC., LERNCO, INC. and JASMINE COMPANY, INC., as Borrowers, NEW YORK & COMPANY, INC., NEVADA RECEIVABLE FACTORING, INC., LERNER NEW YORK HOLDING, INC., LERNER NEW...Loan and Security Agreement • September 7th, 2007 • New York & Company, Inc. • Retail-women's clothing stores • New York
This Second Amended and Restated Loan and Security Agreement (this “Agreement”), dated as of August 22, 2007, is entered into by and among Lerner New York, Inc., a Delaware corporation (“Lerner”), Lernco, Inc., a Delaware corporation (“Lernco”), and Jasmine Company, Inc., a Massachusetts corporation (“Jasmine” and together with Lerner and Lernco, collectively, “Borrowers” and individually each a “Borrower”), New York & Company, Inc., a Delaware corporation, formerly known as NY & Co. Group, Inc. (“NY&Co”), Lerner New York Holding, Inc., a Delaware corporation (“Parent”), Nevada Receivable Factoring, Inc., a Nevada corporation (“Nevada Factoring”), Associated Lerner Shops of America, Inc., a New York corporation (“Associated Lerner”), and Lerner New York GC, LLC, an Ohio limited liability company (“Lerner GC” and together with NY&Co, Parent, Nevada Factoring and Associated Lerner, collectively, “Guarantors” and each a “Guarantor”), the Lenders (as defined herein), Wachovia Bank, Nationa
SECOND AMENDED AND RESTATED STOCK PLEDGE AGREEMENTStock Pledge Agreement • September 7th, 2007 • New York & Company, Inc. • Retail-women's clothing stores • New York
THIS SECOND AMENDED AND RESTATED STOCK PLEDGE AGREEMENT (this “Agreement”), dated as of August 22, 2007, is entered into by and between LERNER NEW YORK, INC., a Delaware corporation (“Pledgor”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as agent (in such capacity, “Pledgee”) for the Lenders (as hereinafter defined) and Bank Product Providers (as defined in the Loan Agreement).
SECOND AMENDED AND RESTATED INTERCOMPANY SUBORDINATION AGREEMENTIntercompany Subordination Agreement • September 7th, 2007 • New York & Company, Inc. • Retail-women's clothing stores • New York
THIS SECOND AMENDED AND RESTATED INTERCOMPANY SUBORDINATION AGREEMENT (this “Agreement”), dated as of August 22, 2007, is made among the Obligors (as defined below), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as agent (in such capacity, “Agent”) for the Lenders (as defined below) and Bank Product Providers (as defined in the Loan Agreement (as defined below)).
SECOND AMENDED AND RESTATED GUARANTEEGuarantee • September 7th, 2007 • New York & Company, Inc. • Retail-women's clothing stores • New York
THIS SECOND AMENDED AND RESTATED GUARANTEE (“Guarantee”), dated August 22, 2007, is made by New York & Company, Inc., a Delaware corporation (“NY&Co”), Lerner New York Holding, Inc., a Delaware corporation (“Parent”), Nevada Receivable Factoring, Inc., a Nevada corporation (“Nevada Factoring”) Associated Lerner Shops of America, Inc., a New York corporation (“Associated Lerner”), and Lerner New York GC, LLC, an Ohio limited liability company (“Lerner GC” and together with NY&Co, Parent, Nevada Factoring and Associated Lerner, collectively, “Guarantors” and each a “Guarantor”) each having an address at 450 West 33rd Street, New York, New York 10001, in favor of Wachovia Bank, National Association, a national banking association, in its capacity as agent for the Lenders and the Bank Product Providers (in such capacity, “Agent”), having an office at 1133 Avenue of the Americas, New York, New York 10036.
SECOND AMENDED AND RESTATED COLLATERAL ASSIGNMENT OF TRADEMARKS (SECURITY AGREEMENT)Collateral Assignment of Trademarks (Security Agreement) • September 7th, 2007 • New York & Company, Inc. • Retail-women's clothing stores • New York
THIS SECOND AMENDED AND RESTATED COLLATERAL ASSIGNMENT OF TRADEMARKS (SECURITY AGREEMENT) (this “Agreement”), dated August 22, 2007, is made among LERNCO, INC., a Delaware corporation (“Lernco”), and Jasmine Company, Inc., a Massachusetts corporation (“Jasmine” and together with Lernco, each individually a “Pledgeor” and collectively, “Pledgors”), each with offices at 450 West 33rd Street, New York, New York 10001, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, with an office at 1133 Avenue of the Americas, New York, New York 10036, in its capacity as agent (in such capacity, “Pledgee”), for the Lenders and Bank Product Providers (as defined in the Loan Agreement).
AMENDED AND RESTATED COLLATERAL ASSIGNMENT OF TRADEMARKS (SECURITY AGREEMENT)Collateral Assignment of Trademarks (Security Agreement) • September 7th, 2007 • New York & Company, Inc. • Retail-women's clothing stores • New York
THIS AMENDED AND RESTATED COLLATERAL ASSIGNMENT OF TRADEMARKS (SECURITY AGREEMENT) (this “Agreement”), dated August 22, 2007, is made among LERNER NEW YORK, INC., a Delaware corporation (“Pledgor”), with an office at 450 West 33rd Street, New York, New York 10001, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, with an office at 1133 Avenue of the Americas, New York, New York 10036, in its capacity as agent (in such capacity, “Pledgee”), for the Lenders and Bank Product Providers (as defined in the Loan Agreement).
