Banc of America Leasing & Capital, LLC Master Loan and Security Agreement Number: 17608-70000Master Loan and Security Agreement • July 23rd, 2007 • Casual Male Retail Group Inc • Retail-family clothing stores
This Master Loan and Security Agreement, dated as of July 20, 2007 (this “Agreement”), is by and between Banc of America Leasing & Capital, LLC, a Delaware limited liability company having an office at One Financial Plaza, Providence, RI 02903 (together with its successors and assigns, (“Lender”), and Casual Male Retail Group, Inc. as “Borrower”, a corporation existing under the laws of the state of Delaware, and having its chief executive office and any organizational identification number as specified with its execution of this Agreement below. Certain defined terms used herein are identified in bold face and quotation marks throughout this Agreement and in Section 14 below. This Agreement sets forth the terms and conditions for the financing of Equipment between Lender and Borrower pursuant to one or more “Equipment Notes” incorporating by reference the terms of this Agreement, together with all exhibits, addenda, schedules, certificates, riders and other documents and instruments e
Banc of America Leasing & Capital, LLC Equipment Security Note Number 17608-70001Equipment Security Note • July 23rd, 2007 • Casual Male Retail Group Inc • Retail-family clothing stores
This Equipment Security Note No. 17608-70001, dated as of July 20, 2007 (this “Equipment Note”), is entered into pursuant to and incorporates by this reference all of the terms and provisions of that certain Master Loan and Security Agreement No. 17608-70000 dated as of July 20, 2007 (the “Master Agreement”), by and between Banc of America Leasing & Capital, LLC (“Lender”) and Casual Male Retail Group, Inc. (“Borrower”). All capitalized terms used herein and not defined herein shall have the respective meanings assigned to such terms in the Master Agreement. If any provision of this Equipment Note conflicts with any provision of the Master Agreement, the provisions contained in this Equipment Note shall prevail. Borrower hereby authorizes Lender to insert the serial numbers and other identification data of the Equipment, dates, and other omitted factual matters or descriptions in this Equipment Note.
July 11, 2007Loan and Security Agreement • July 23rd, 2007 • Casual Male Retail Group Inc • Retail-family clothing stores
SECOND AMENDMENT TO FIFTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 23rd, 2007 • Casual Male Retail Group Inc • Retail-family clothing stores
This Second Amendment to Fifth Amended and Restated Loan and Security Agreement (the “Second Amendment”) is made as of this 20th day of July, 2007 by and among
