FINANCING AGREEMENT AND NOTE MODIFICATION AGREEMENTFinancing Agreement and Note Modification Agreement • July 29th, 2011 • Frederick's of Hollywood Group Inc /Ny/ • Women's, misses', children's & infants' undergarments
THIS FINANCING AGREEMENT AND NOTE MODIFICATION AGREEMENT (“Modification”) is made effective as of July 29, 2011, 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 to the Financing Agreement (as hereinafter defined) (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”).
FIRST AMENDMENT TO INTERCREDITOR AGREEMENTIntercreditor Agreement • July 29th, 2011 • Frederick's of Hollywood Group Inc /Ny/ • Women's, misses', children's & infants' undergarments • New York
This FIRST AMENDMENT TO INTERCREDITOR AGREEMENT (this “Amendment”) is entered into as of July 29, 2011, by and among WELLS FARGO RETAIL FINANCE II, LLC, in its capacity as arranger and administrative agent for the Revolving Loan Secured Parties (as defined in the Agreement) (the “Revolving Loan Agent”) and HILCO BRANDS, LLC, in its capacity as agent for the Term Loan Secured Parties (as defined in the Agreement) (the “Term Loan Agent”).
