AGENCY AGREEMENTAgency Agreement • September 16th, 2016 • Aeropostale Inc • Retail-apparel & accessory stores • New York
This Agency Agreement (“Agreement”), effective upon the closing (the “Closing”) of the transactions contemplated by the APA (as defined below), is made as of September 12, 2016, by and among Aéropostale, Inc., a Delaware corporation (“Aéropostale”), and the other direct and indirect wholly-owned Subsidiaries of Aéropostale that are signatory hereto (together with Aéropostale, “Merchant”), a contractual joint venture composed of Hilco Merchant Resources, LLC and Gordon Brothers Retail Partners, LLC (together, “Agent”), and Aero OpCo LLC (the “Buyer”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the APA.
ASSET PURCHASE AGREEMENT BY AND AMONG AÉROPOSTALE, INC., THE OTHER SELLERS PARTY HERETO, AND AERO OPCO LLC SEPTEMBER 12, 2016Asset Purchase Agreement • September 16th, 2016 • Aeropostale Inc • Retail-apparel & accessory stores • New York
This Asset Purchase Agreement (this “Agreement”) is entered into as of September 12, 2016 by and among Aéropostale, Inc., a Delaware corporation (“Aéropostale” or the “Company”), and the other direct and indirect wholly-owned Subsidiaries of Aéropostale that are signatory hereto (together with Aéropostale, “Sellers”), and Aero OpCo LLC, a Delaware limited liability company (“Buyer”). Sellers and Buyer are referred to collectively herein as the “Parties”.
