LOAN AND SECURITY AGREEMENT Dated as of February 20, 2020 by and among ETAILZ INC., any other Borrower party hereto from time to time, as Borrowers, any Loan Party Obligors party hereto from time to time, the Lenders from time to time party hereto,...Loan and Security Agreement • February 20th, 2020 • Trans World Entertainment Corp • Retail-record & prerecorded tape stores • New York
This Loan and Security Agreement (as it may be amended, restated or otherwise modified from time to time, this “Agreement”) is entered into on February 20, 2020, by and among ETAILZ INC., a Washington corporation (“Etailz”, and together with any other Borrower party hereto from time to time, collectively, “Borrowers”), any Loan Party Obligor party hereto from time to time, as Loan Party Obligors (as defined herein), the Lenders party hereto from time to time, and ENCINA BUSINESS CREDIT, LLC, as agent for the Lenders (in such capacity, “Agent”). The Annexes and Exhibits to this Agreement, as well as the Perfection Certificate attached to this Agreement, are an integral part of this Agreement and are incorporated herein by reference.
AMENDMENT NO. 1 TO ASSET PURCHASE AGREEMENTTo Asset Purchase Agreement • February 20th, 2020 • Trans World Entertainment Corp • Retail-record & prerecorded tape stores • Delaware
This Amendment No. 1 to Asset Purchase Agreement (this “Amendment”) dated February 20, 2020, by and among RECORD TOWN, INC., a New York corporation, RECORD TOWN USA LLC, a Delaware limited liability company, RECORD TOWN UTAH LLC, a Utah limited liability Company, TRANS WORLD FL LLC, a Florida limited liability company, TRANS WORLD NEW YORK, LLC, a New York limited liability company, 2428392 INC., a Delaware corporation, TRANS WORLD ENTERTAINMENT CORPORATION, a New York corporation, and 2428391 ONTARIO INC. o/a SUNRISE RECORDS, an Ontario corporation, amends that certain Asset Purchase Agreement, dated as of January 23, 2020, by and between the parties to this Amendment (the “Original Agreement”). Capitalized terms used but not defined in this Amendment have the meanings given to such terms in the Original Agreement, and all references to Sections herein are references to Sections of the Original Agreement, unless otherwise noted.
