FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED WELLS FARGO RETAIL FINANCE LOAN AND SECURITY AGREEMENT II, LLCLoan and Security Agreement • May 29th, 2009 • dELiAs, Inc. • Retail-catalog & mail-order houses • Massachusetts
Contract Type FiledMay 29th, 2009 Company Industry JurisdictionTHIS FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Fourth Amendment”) is made in consideration of the mutual covenants contained herein and benefits to be derived herefrom to the Second Amended and Restated Loan and Security Agreement dated May 17, 2006 (as amended and in effect, the “Loan Agreement”) among dELiA*s, Inc., a Delaware corporation with its principal executive offices at 50 West 23rd Street, New York, New York 10010, for itself and as agent (in such capacity, the “Lead Borrower”) for the other Borrowers party thereto (individually, a “Borrower” and, collectively with the Lead Borrower, the “Borrowers”), and the Borrowers, on the one hand, and Wells Fargo Retail Finance II, LLC, a Delaware limited liability company with offices at One Boston Place - 19th Floor, Boston, Massachusetts 02108 (the “Lender”), on the other hand.