ContractWarrant Agreement • March 16th, 2009 • American Apparel, Inc • Blank checks • New York
THIS WARRANT AND THE SHARES OF COMMON STOCK ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”) OR ANY STATE SECURITIES LAWS AND MAY NOT BE SOLD, TRANSFERRED OR OTHERWISE DISPOSED OF UNLESS REGISTERED UNDER THE SECURITIES ACT AND UNDER APPLICABLE STATE SECURITIES LAWS OR THE ISSUER SHALL HAVE RECEIVED AN OPINION OF COUNSEL OR OTHER EVIDENCE OF ASSURANCE REASONABLY SATISFACTORY TO THE ISSUER THAT REGISTRATION OF SUCH SECURITIES UNDER THE SECURITIES ACT AND UNDER THE PROVISIONS OF APPLICABLE STATE SECURITIES LAWS IS NOT REQUIRED.
CREDIT AGREEMENT dated as of March 13, 2009 among AMERICAN APPAREL, INC., THE FACILITY GUARANTORS PARTY HERETO, THE LENDERS FROM TIME TO TIME PARTY HERETO, and LION CAPITAL LLP, AS ADMINISTRATIVE AGENT AND COLLATERAL AGENTCredit Agreement • March 16th, 2009 • American Apparel, Inc • Blank checks • New York
in consideration of the mutual covenants herein contained and benefits to be derived herefrom, the parties hereto agree as follows:
American Apparel, Inc.Lock-Up Agreement • March 16th, 2009 • American Apparel, Inc • Blank checks • New York
This letter agreement is being delivered by the Company to the Investor pursuant to Section 1.2(b)(1)(G) of the Investment Agreement. Capitalized terms used but not defined herein have the respective meanings set forth in the Investment Agreement.
INVESTMENT AGREEMENT dated as of March 13, 2009 between AMERICAN APPAREL, INC. and LION CAPITAL (GUERNSEY) II LIMITEDInvestment Agreement • March 16th, 2009 • American Apparel, Inc • Blank checks • New York
INVESTMENT AGREEMENT, dated as of March 13, 2009 (this “Agreement”), between American Apparel, Inc., a Delaware corporation (the “Company”), and Lion Capital (Guernsey) II Limited, a Guernsey limited company (“Investor”).
American Apparel, Inc.Extension of Non-Competition and Non-Solicitation Covenants • March 16th, 2009 • American Apparel, Inc • Blank checks • New York
Reference is made to (i) the Investment Agreement, dated as of March 13, 2009 (as it may be hereafter amended, supplemented or modified from time to time, the “Investment Agreement”), between American Apparel, Inc., a Delaware corporation (the “Company”), and Lion Capital (Guernsey) II Limited, a Guernsey limited company (the “Investor”), and (ii) the Amended and Restated Agreement and Plan of Reorganization, dated as of November 7, 2007 (as it may be hereafter amended, supplemented or modified from time to time, the “Merger Agreement”), by and among the Company (f/k/a Endeavor Acquisition Corp.), American Apparel (USA) LLC (f/k/a AAI Acquisition LLC), a California limited liability company, American Apparel Inc., a California corporation, American Apparel, LLC, a California limited liability company, each of the Canadian companies set forth on Schedule A to the Merger Agreement (the “CI Companies”), Dov Charney (“Mr. Charney”), each of the stockholders of the CI Companies (with respec
SIXTH AMENDMENT TO CREDIT AGREEMENT BANK OF AMERICA, N.A.Credit Agreement • March 16th, 2009 • American Apparel, Inc • Blank checks
THIS SIXTH AMENDMENT TO CREDIT AGREEMENT (this “Sixth Amendment”) is made to the Credit Agreement (as amended, the “Credit Agreement”; capitalized terms used herein but not defined have the meanings given to them in the Credit Agreement, as amended by this Sixth Amendment) dated as of July 2, 2007 by and among:
INVESTMENT VOTING AGREEMENTInvestment Voting Agreement • March 16th, 2009 • American Apparel, Inc • Blank checks • Delaware
INVESTMENT VOTING AGREEMENT, dated as of March 13, 2009 (this “Agreement”), between Dov Charney, an individual (“Mr. Charney”), and Lion Capital (Guernsey) II Limited, a Guernsey limited company (“Investor”).
