EMPLOYMENT AGREEMENTEmployment Agreement • November 9th, 2007 • Endeavor Acquisition Corp. • Blank checks • California
This Employment Agreement (the “Agreement”) is made between Endeavor Acquisition Corp. (the “Company”), a Delaware corporation, AAI Acquisition LLC, a wholly owned subsidiary of the Company (“Merger Sub”), and Dov Charney (“Executive”) and is entered into concurrently with the closing of the merger and related business combination transactions (collectively, the “Acquisition”) prescribed by the Agreement and Plan of Reorganization (“Reorganization Agreement”) entered into as of December 18, 2006, and thereafter amended and restated as of November 7, 2007, by and among the Company, Merger Sub, American Apparel, Inc., a California corporation (“AAI”), the various Canadian companies defined in the Reorganization Agreement as CI, American Apparel, LLC, a California limited liability company (“AALLC” and, collectively with AAI and CI, the “Target Companies”), and all of the stockholders or members of the Target Companies, which include the Executive. Capitalized terms not otherwise defined
AMENDED AND RESTATED AGREEMENT AND PLAN OF REORGANIZATION BY AND AMONG ENDEAVOR ACQUISITION CORP., (“Parent”) AAI ACQUISITION LLC, (“Merger Sub”) AMERICAN APPAREL INC., (“AAI”) AMERICAN APPAREL, LLC, EACH OF THE CANADIAN COMPANIES SET FORTH ON...Agreement and Plan of Reorganization • November 9th, 2007 • Endeavor Acquisition Corp. • Blank checks • Delaware
• Each of the corporations (each an affiliate of AAI and/or the Stockholder) formed under the laws of the applicable provinces of Canada or the Canada Business Corporation Act as set forth on Schedule A hereto (each such company referred to herein as a “CI company” and all of such companies referred to collectively herein as “CI” or the “CI companies”);
