AMENDMENT NO. 5 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 9th, 2007 • Hartmarx Corp/De • Apparel & other finishd prods of fabrics & similar matl • Illinois
Contract Type FiledFebruary 9th, 2007 Company Industry JurisdictionAMENDMENT NO. 5 TO LOAN AND SECURITY AGREEMENT dated as of September 29, 2006, by and among Hartmarx Corporation (“Hartmarx”), Coppley Apparel Group Limited (“Coppley”, and together with Hartmarx, each individually, a “Borrower” and collectively, “Borrowers”), each of the companies listed on Exhibit A hereto (each, individually, an “Existing Guarantor” and collectively, “Existing Guarantors”), Sweater.com Apparel, Inc. (“Sweater”), SDC-NY, Inc. (“SDC-NY”, and together with Existing Guarantors and Sweater, each individually, a “Guarantor” and collectively, “Guarantors”) and Wachovia Capital Finance Corporation (Central), formerly known as Congress Financial Corporation (Central), in its capacity as agent (in such capacity, “Agent”) for the parties from time to time to the Loan Agreement (as hereinafter defined) as lenders (each individually, a “Lender” and collectively, “Lenders”).