0001104659-14-087622 Sample Contracts

AMENDMENT
Agreement • December 18th, 2014 • Mens Wearhouse Inc • Retail-apparel & accessory stores • New York

This Amendment (this “Amendment”), dated as of December 16, 2014, is made by and between Eminence Capital, LP, as successor to Eminence Capital, LLC, on behalf of itself and certain of its affiliates listed on Exhibit A hereto (collectively, “Eminence”), on the one hand, and The Men’s Wearhouse, Inc., a Texas corporation (the “Company”), and Jos. A. Bank Clothiers, Inc., as successor to Java Corp. (together with the Company, “MW”), on the other hand, and amends the Agreement, dated as of February 24, 2014, between Eminence, the Company and Java Corp. (the “Agreement”). Capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings given them in the Agreement.

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