CREDIT AGREEMENT dated as of July 2, 2007 AMERICAN APPAREL, INC. As Lead Borrower For THE BORROWERS PARTY HERETO THE BORROWERS PARTY HERETO THE FACILITY GUARANTORS PARTY HERETO LASALLE BUSINESS CREDIT, LLC, AS AGENT FOR LASALLE BANK MIDWEST NATIONAL...Credit Agreement • December 18th, 2007 • Endeavor Acquisition Corp. • Blank checks • Massachusetts
in consideration of the mutual covenants herein contained and benefits to be derived herefrom, the parties hereto agree as follows:
CREDIT AGREEMENT dated as of January 18, 2007 AMERICAN APPAREL, INC. THE FACILITY GUARANTORS PARTY HERETO and SOF INVESTMENTS, L.P. – PRIVATE IV AS LENDER KRAMER LEVIN Kramer Levin Naftalis & Frankel LLP 1177 Avenue of the Americas New York, New York...Credit Agreement • December 18th, 2007 • Endeavor Acquisition Corp. • Blank checks • New York
in consideration of the mutual covenants herein contained and benefits to be derived herefrom, the parties hereto agree as follows:
AMENDMENT NO. 3 AND WAIVER TO CREDIT AGREEMENT OF AMERICAN APPAREL, INC.Credit Agreement • December 18th, 2007 • Endeavor Acquisition Corp. • Blank checks • New York
AMENDMENT NO. 3 AND WAIVER (this “Amendment”), dated as of November [ ], 2007, to the Credit Agreement dated as of January 18, 2007 (as amended by that certain Amendment No. 1 and Waiver to Credit Agreement of American Apparel, Inc. dated as of July 2, 2007 and that certain Amendment No. 2 and Waiver to Credit Agreement of American Apparel, Inc. dated as of November 9, 2007, the “Credit Agreement”), among American Apparel, Inc., a California corporation (the “Borrower”), the Facility Guarantors thereto (the “Guarantors”) and SOF Investments, L.P. - Private IV, as lender (the “Lender”). Capitalized terms used herein but not defined herein are used as defined in the Credit Agreement.
AMENDMENT No. 1 AND WAIVER TO CREDIT AGREEMENT OF AMERICAN APPAREL, INC.Credit Agreement • December 18th, 2007 • Endeavor Acquisition Corp. • Blank checks • New York
AMENDMENT No. 1 AND WAIVER (this “Amendment”), dated as of July 2, 2007, to the Credit Agreement, dated as of January 18, 2007 (as amended to the date hereof, the “Credit Agreement”), among American Apparel, Inc., a California corporation (the “Borrower”), the Facility Guarantors thereto (the “Guarantors”) and SOF Investments, L.P.- Private IV, as lender (the “Lender”). Capitalized terms used herein but not defined herein are used as defined in the Credit Agreement.
LEASE AMENDMENTLease Amendment • December 18th, 2007 • Endeavor Acquisition Corp. • Blank checks
This Amendment to the lease dated December 13, 2005 to be effective as of November 15, 2006 by and between American Central Plaza (“Lessor”), on the one hand, and American Apparel Inc, (“Lessee”), on the other hand for the premises located and described at 1020 E. 59th Street, Los Angeles, CA, and whereas, the parties with to confirm the terms and conditions set for the below:
FIRST AMENDMENT TO CREDIT AGREEMENT LASALLE RETAIL FINANCECredit Agreement • December 18th, 2007 • Endeavor Acquisition Corp. • Blank checks
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “First Amendment”) is made to the Credit Agreement (the “Credit Agreement”) dated as of July 2, 2007 by and among:
ASSIGNMENT OF LESSEE’S INTEREST IN LEASE AND ASSUMPTION AGREEMENTAnd Assumption Agreement • December 18th, 2007 • Endeavor Acquisition Corp. • Blank checks
THIS ASSIGNMENT OF LESSEE’S INTEREST IN LEASE AND ASSUMPTION AGREEMENT (“the Agreement”) dated as of the 2nd day of June, 2005, by and between TEXTILE UNLIMITED CORPORATION, a California corporation, E & J TEXTILE GROUP, INC., a California corporation and JOHNESTER KNITTING, INC., a California corporation (collectively, “Assignor”), and AMERICAN APPAREL DYEING & FINISHING, INC, a California corporation (“Assignee”).
SECOND AMENDMENT AND WAIVER TO CREDIT AGREEMENT LASALLE RETAIL FINANCECredit Agreement • December 18th, 2007 • Endeavor Acquisition Corp. • Blank checks
THIS SECOND AMENDMENT AND WAIVER TO CREDIT AGREEMENT (this “Second Amendment”) is made to the Credit Agreement (the “Credit Agreement”) dated as of July 2, 2007 by and among:
AMENDMENT NO. 2 AND WAIVER TO CREDIT AGREEMENT OF AMERICAN APPAREL, INC.Credit Agreement • December 18th, 2007 • Endeavor Acquisition Corp. • Blank checks • New York
AMENDMENT NO. 2 AND WAIVER (this “Amendment”), dated as of November 9, 2007, to the Credit Agreement, dated as of January 18, 2007 (as amended by Amendment No. 1 and Waiver to Credit Agreement of American Apparel, Inc., dated as of July 2, 2007, the “Credit Agreement”), among American Apparel, Inc., a California corporation (the “Borrower”), the Facility Guarantors thereto (the “Guarantors”) and SOF Investments, L.P. - Private IV, as lender (the “Lender”). Capitalized terms used herein but not defined herein are used as defined in the Credit Agreement.
