AGREEMENT FOR SECURITY (COPYRIGHTS)Agreement for Security • August 4th, 2010 • Frederick's of Hollywood Group Inc /Ny/ • Women's, misses', children's & infants' undergarments
WHEREAS, dated July 30, 2010, made by Frederick’s of Hollywood Group Inc., a New York corporation (“Grantor”), FOH Holdings, Inc., a Delaware corporation (the “Parent”), Frederick’s of Hollywood, Inc., a Delaware corporation (“Frederick’s”), Frederick’s of Hollywood Stores, Inc., a Nevada corporation (“Stores”), Hollywood Mail Order, LLC, a Nevada limited liability company (“Mail Order” and together with Grantor, the Parent, Frederick’s and Stores, individually, a “Borrower”, and collectively, the “Borrowers”) holds all right, title and interest in the copyrights listed on the annexed Schedule 1A, which copyrights are registered or applied for in the United States Copyright Office (the “Copyrights”);
GUARANTYFrederick's of Hollywood Group Inc /Ny/ • August 4th, 2010 • Women's, misses', children's & infants' undergarments • New York
GUARANTY, dated July 30, 2010, made by Fredericks.com, Inc., a Nevada corporation (“Guarantor”), in favor of each of the Lenders (as hereinafter defined) and Hilco Brands, LLC, as agent for the Lenders (the “Agent”) pursuant to the Financing Agreement referred to below.
AGREEMENT FOR SECURITY (TRADEMARKS)Agreement for Security • August 4th, 2010 • Frederick's of Hollywood Group Inc /Ny/ • Women's, misses', children's & infants' undergarments
WHEREAS, dated July 30, 2010, made by Frederick’s of Hollywood Group Inc., a New York corporation (“Grantor”), FOH Holdings, Inc., a Delaware corporation (the “Parent”), Frederick’s of Hollywood, Inc., a Delaware corporation (“Frederick’s”), Frederick’s of Hollywood Stores, Inc., a Nevada corporation (“Stores”), Hollywood Mail Order, LLC, a Nevada limited liability company (“Mail Order” and together with Grantor, the Parent, Frederick’s and Stores, individually, a “Borrower”, and collectively, the “Borrowers”) has either applied for or has adopted, used and is using, and holds all right, title and interest in and to, the trademarks and service marks listed on the annexed Schedule 1A, which trademarks and service marks are registered or applied for in the United States Patent and Trademark Office (the “Trademarks”);
INTERCREDITOR AGREEMENTIntercreditor Agreement • August 4th, 2010 • Frederick's of Hollywood Group Inc /Ny/ • Women's, misses', children's & infants' undergarments • New York
INTERCREDITOR AGREEMENT, dated as of July 30, 2010, among Wells Fargo Retail Finance II, LLC (“Wells Fargo”), in its capacity as arranger and administrative agent for the Revolving Loan Secured Parties (in such capacity, the “Revolving Loan Agent” as hereinafter further defined), and Hilco Brands, LLC, in its capacity as agent for the Term Loan Secured Parties (in such capacity, “Term Loan Agent” as hereinafter further defined).
FINANCING AGREEMENT Dated as of July 30, 2010 by and among FREDERICK’S OF HOLLYWOOD GROUP INC., and CERTAIN OF ITS SUBSIDIARIES, as Borrowers,Financing Agreement • August 4th, 2010 • Frederick's of Hollywood Group Inc /Ny/ • Women's, misses', children's & infants' undergarments • New York
Financing Agreement, dated as of July 30, 2010, by and among Frederick’s of Hollywood Group Inc., a New York corporation (“Group”), FOH Holdings, Inc., a Delaware corporation (the “Parent”), Frederick’s of Hollywood, Inc., a Delaware corporation (“Frederick’s”), Frederick’s of Hollywood Stores, Inc., a Nevada corporation (“Stores”), Hollywood Mail Order, LLC, a Nevada limited liability company (“Mail Order” and together with Group, the Parent, Frederick’s and Stores, individually, a “Borrower”, and collectively, the “Borrowers”), the lending parties from time to time a party hereto (individually a “Lender” and collectively, the “Lenders”) and Hilco Brands, LLC, a Delaware limited liability company, as arranger and agent for the Lenders (in such capacity, the “Agent”).
FOURTH AMENDMENT TO AMENDED AND RESTATED FINANCING AGREEMENTFinancing Agreement • August 4th, 2010 • Frederick's of Hollywood Group Inc /Ny/ • Women's, misses', children's & infants' undergarments • New York
This FOURTH AMENDMENT TO AMENDED AND RESTATED FINANCING AGREEMENT (this “Amendment”) is entered into as of July 30, 2010, by and among Frederick’s of Hollywood Group Inc., a New York corporation (“Group”), FOH Holdings, Inc., a Delaware corporation (the “Parent”), Frederick’s of Hollywood, Inc., a Delaware corporation (“Frederick’s”), Frederick’s of Hollywood Stores, Inc., a Nevada corporation (“Stores”), Hollywood Mail Order, LLC, a Nevada limited liability company (“Mail Order” and collectively with Group, the Parent, Frederick’s and Stores, individually, a “Borrower”, and collectively, the “Borrowers”), Fredericks.com, Inc., a Nevada corporation (the “Existing Guarantor”), and Wells Fargo Retail Finance II, LLC, a Delaware limited liability company, in its capacity as Lender and as arranger and agent for the Lenders (in such capacity, the “Agent”).
SECURITY AGREEMENTSecurity Agreement • August 4th, 2010 • Frederick's of Hollywood Group Inc /Ny/ • Women's, misses', children's & infants' undergarments • New York
WHEREAS, Grantor, the Borrowers, the lenders from time to time party thereto (collectively, the “Lenders”) and the Agent are parties to a Financing Agreement also dated as of this date (as the same may be amended, restated or otherwise modified from time to time, being hereinafter referred to as the “Financing Agreement”);
