FIFTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 5th, 2007 • Childrens Place Retail Stores Inc • Retail-family clothing stores • Massachusetts
THIS FIFTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into this 28th day of June, 2007, among THE CHILDREN’S PLACE RETAIL STORES, INC., a Delaware corporation (“Parent”) and each of Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with Parent, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), with each of its chief executive office located at 915 Secaucus Road, Secaucus, New Jersey 07094, on the one hand, and the financial institutions listed on the signature pages hereof (such financial institutions, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), and WELLS FARGO RETAIL FINANCE, LLC, a Delaware limited liability company, as Agent, WACHOVIA CAPITAL FINANCE CORPORATION (NEW ENGLAND), a Massachusetts corporation, as D
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 5th, 2007 • Childrens Place Retail Stores Inc • Retail-family clothing stores • Massachusetts
Wells Fargo Retail Finance, LLC (in such capacity, herein the “Agent”), a Delaware limited liability company with offices at One Boston Place — 19th Floor, Boston, Massachusetts 02109, as agent for the ratable benefit of the “Revolving Credit Lenders”, who are, at present, those financial institutions identified on the signature pages of this Amendment and who in the future are those Persons (if any) who become “Revolving Credit Lenders” in accordance with the provisions of Article 17 of the Loan Agreement described below;
LETTER OF CREDIT AGREEMENT by and amongLetter of Credit Agreement • December 5th, 2007 • Childrens Place Retail Stores Inc • Retail-family clothing stores • Massachusetts
THIS LETTER OF CREDIT AGREEMENT (this “Agreement”), is entered into this 28th day of June, 2007, among THE CHILDREN’S PLACE RETAIL STORES, INC., a Delaware corporation (“Parent”) and each of Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with Parent, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”), with each of its chief executive office located at 915 Secaucus Road, Secaucus, New Jersey 07094, on the one hand, and the financial institutions listed on the signature pages hereof (such financial institutions, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), and WELLS FARGO RETAIL FINANCE, LLC, a Delaware limited liability company, as Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Issuing Bank, on the other hand.
FIRST AMENDMENT TO OFFICE LEASEOffice Lease • December 5th, 2007 • Childrens Place Retail Stores Inc • Retail-family clothing stores
This First Amendment to Office Lease (this “First Amendment”) is made and entered into as of January 31, 2005, by and between 443 SOUTH RAYMOND TENANT, LLC, a California limited liability company (“Landlord”), and THE CHILDREN’S PLACE SERVICES COMPANY, LLC, a Delaware limited liability company (“Tenant”).
OFFICE LEASEOffice Lease • December 5th, 2007 • Childrens Place Retail Stores Inc • Retail-family clothing stores • California
This Office Lease (the “Lease”), dated as of the date set forth in Section 1 of the Summary of Basic Lease Information (the “Summary”), below, is made by and between 443 SOUTH RAYMOND OWNER, LLC, a California limited liability company (“Landlord”), and THE CHILDREN’S PLACE SERVICES COMPANY, LLC, a Delaware limited liability company (“Tenant”).
SEVERANCE AGREEMENT AND RELEASESeverance Agreement and Release • December 5th, 2007 • Childrens Place Retail Stores Inc • Retail-family clothing stores • New Jersey
This Severance Agreement and Release (the “Agreement”) is made this 9th day of July, 2007 between Steven Balasiano (the “Employee”) and The Children’s Place Services Company, LLC, its parent and its direct and indirect affiliated corporations and other entities (collectively, the “Employer” or the “Company”).
Re: First Amendment to Fifth Amended and Restated Loan and Security AgreementChildrens Place Retail Stores Inc • December 5th, 2007 • Retail-family clothing stores
Reference is hereby made to a certain Fifth Amended and Restated Loan and Security Agreement dated as of June 28, 2007 (the “Loan Agreement”) by and among The Children’s Place Retail Stores, Inc. and each of its subsidiaries signatory thereto (collectively, the “Borrowers”), the financial institutions named therein (the “Lenders”), Wells Fargo Retail Finance, LLC, as Agent (the “Agent”), Wachovia Capital Finance Corporation (New England), as Documentation Agent and LaSalle Retail Finance, a division of LaSalle Business Credit, LLC, as Co-Agent. All capitalized terms used herein and not otherwise defined shall have the same meaning herein as in the Loan Agreement.
November 12, 2007License Agreement • December 5th, 2007 • Childrens Place Retail Stores Inc • Retail-family clothing stores
REFURBISHMENT AMENDMENT TO LICENSE AND CONDUCT OF BUSINESS AGREEMENTLicense and Conduct of Business Agreement • December 5th, 2007 • Childrens Place Retail Stores Inc • Retail-family clothing stores
THIS REFURBISHMENT AMENDMENT TO LICENSE AND CONDUCT OF BUSINESS AGREEMENT (this “Amendment”) is entered into on August 29, 2007 (the “Refurbishment Execution Date”) but effective as of June 6, 2007 (the “Refurbishment Effective Date”), by and among TDS Franchising, LLC, a California limited liability company (“TDSF”), The Children’s Place Retail Stores, Inc., a Delaware corporation (“TCP”), Hoop Retail Stores, LLC, a Delaware limited liability company and successor to The Disney Store, LLC (“Hoop USA”), and Hoop Canada, Inc., a Canadian corporation and successor to The Disney Store (Canada) Ltd. (“Hoop Canada” and, together with Hoop USA, “Licensee”).
