FIRST AMENDMENT TO INTERCREDITOR AND LIEN SUBORDINATION AGREEMENTIntercreditor and Lien Subordination Agreement • January 21st, 2005 • Wet Seal Inc • Retail-women's clothing stores • Massachusetts
THIS FIRST AMENDMENT TO INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT (this “Amendment”) is entered into as of January 14, 2005, by and among S.A.C. CAPITAL ASSOCIATES, LLC, a limited liability company organized under the laws of Anguila, as “Administrative Agent” and “Collateral Agent” for all Second Lien Lenders party to the Second Lien Credit Agreement as described more fully in the Intercreditor Agreement referred to below (the “Second Lien Agent”), THE WET SEAL, INC., a Delaware corporation (the “Lead Borrower”), THE WET SEAL RETAIL, INC., a Delaware corporation (“Wet Seal Retail”), WET SEAL CATALOG, INC., a Delaware corporation (collectively, with Wet Seal Retail and the Lead Borrower, the “Companies”), WET SEAL GC, INC., a Virginia corporation (the “Facility Guarantor”), and FLEET RETAIL GROUP, INC., as “Administrative Agent” and “Collateral Agent” for all of the First Lien Lenders party to the First Lien Credit Agreement as described more fully in the Intercreditor Agreement r
BRIDGE SUBORDINATION AGREEMENTBridge Subordination Agreement • January 21st, 2005 • Wet Seal Inc • Retail-women's clothing stores • New York
BRIDGE SUBORDINATION AGREEMENT (this “Agreement”), dated as of January 14, 2005, among S.A.C. CAPITAL ASSOCIATES, LLC, a limited liability company organized under the laws of Anguilla, having its office at 72 Cummings Point Road, Stamford, Connecticut 06902, in its capacity as agent (the “Agent”) for the Lenders (as hereinafter defined), S.A.C. CAPITAL ASSOCIATES, LLC (“SAC”), GMM CAPITAL, LLC (“GMM”), GOLDFARB CAPITAL PARTNERS LLC (“Goldfarb”), Charles Phillips, individually (“Phillips”), Eli Wachtel, individually (“Wachtel”) WLSS CAPITAL PARTNERS, LLC (“WLSS”), SMITHFIELD FIDUCIARY, LLC (“Smithfield”), D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P. (“Zwirn LP”), D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, LTD (“Zwirn Ltd”), RIVERVIEW GROUP, LLC (“Riverview” and, collectively with SAC, GMM, Goldfarb, Phillips, Wachtel, WLSS, Smithfield, Zwirn LP and Zwirn Ltd, the “Buyers”), The Bank of New York, in its capacity as trustee (the “Trustee”) and as collateral agent (the “Collateral Agent”) under
SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • January 21st, 2005 • Wet Seal Inc • Retail-women's clothing stores
This Second Amendment to Amended and Restated Credit Agreement (the “Second Amendment”) is made as of the 14th day of January, 2005 by and among
AMENDMENT NO. 1 TO AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 21st, 2005 • Wet Seal Inc • Retail-women's clothing stores
This AMENDMENT NO. 1, dated as of January 14, 2005 (this “Amendment”), to the AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENT (the “Amended and Restated Securities Purchase Agreement”), dated as of December 13, 2004, by and among The Wet Seal, Inc., a Delaware corporation, with headquarters located at 26972 Burbank, Foothill Ranch, California 92610 (the “Company”), and the investors listed on the Schedule of Buyers attached thereto (individually, a “Buyer” and collectively, the “Buyers”). Unless otherwise defined herein or the context otherwise requires, capitalized terms used herein and defined in the Amended and Restated Securities Purchase Agreement shall be used herein as therein defined.
AMENDED AND RESTATED SUBORDINATION AGREEMENTSubordination Agreement • January 21st, 2005 • Wet Seal Inc • Retail-women's clothing stores • Massachusetts
AMENDED AND RESTATED SUBORDINATION AGREEMENT (this “Agreement”), dated as of January 14, 2005, among FLEET RETAIL GROUP, INC., a Delaware corporation having its office at 40 Broad Street, Boston, Massachusetts 02109, in its capacity as agent (the “Agent”) for the Lenders (as hereinafter defined), S.A.C. CAPITAL ASSOCIATES, LLC (“SAC”), GMM CAPITAL, LLC (“GMM”), GOLDFARB CAPITAL PARTNERS LLC (“Goldfarb”), Charles Phillips, individually (“Phillips”), Eli Wachtel, individually (“Wachtel”) WLSS CAPITAL PARTNERS, LLC (“WLSS”), SMITHFIELD FIDUCIARY, LLC (“Smithfield”), D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P. (“Zwirn LP”), D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, LTD (“Zwirn Ltd”), RIVERVIEW GROUP, LLC (“Riverview” and, collectively with SAC, GMM, Goldfarb, Phillips, Wachtel, WLSS, Smithfield, Zwirn LP and Zwirn Ltd, the “Buyers”), The Bank of New York, in its capacity as trustee (the “Trustee”) and as collateral agent (the “Collateral Agent”) under the Indenture referred to below, for each
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • January 21st, 2005 • Wet Seal Inc • Retail-women's clothing stores • New York
THE WET SEAL, INC., a Delaware corporation, having its principal place of business at 26972 Burbank, Foothill Ranch, California 92610, as Lead Borrower for the Borrowers, being:
