EXECUTION VERSION EMPLOYMENT AGREEMENTEmployment Agreement • April 29th, 2010 • American Apparel, Inc • 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
THIRD AMENDMENT TO CREDIT AGREEMENT LASALLE RETAIL FINANCE Date: December 12, 2007Credit Agreement • April 29th, 2010 • American Apparel, Inc • Blank checks
THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this “Third Amendment”) is made to the Credit Agreement (the “Credit Agreement”) dated as of July 2, 2007 by and among:
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 • April 29th, 2010 • American Apparel, Inc • Blank checks • Massachusetts
EXECUTION COPY INVESTMENT AGREEMENT dated as of March 13, 2009 between American Apparel, Inc. and Lion Capital (Guernsey) II LimitedInvestment Agreement • April 29th, 2010 • 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”).
WAIVER AND CONSENT TO CREDIT AGREEMENTCredit Agreement • April 29th, 2010 • American Apparel, Inc • Blank checks • Massachusetts
THIS WAIVER AND CONSENT TO CREDIT AGREEMENT (this “Waiver”) is made to the Credit Agreement (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) dated as of July 2, 2007 by and among:
EXECUTION VERSION VOTING AGREEMENTVoting Agreement • April 29th, 2010 • American Apparel, Inc • Blank checks • Delaware
VOTING AGREEMENT, dated as of this 12th day of December, 2007 (“Agreement”), among each of the persons listed under the caption “AAI” on Exhibit A attached hereto (the “AAI Group”), each of the persons listed under the caption “Founders Group” on Exhibit A attached hereto (the “Founders Group”), and Endeavor Acquisition Corp., a Delaware corporation (“Endeavor”). Each of the AAI Group and the Founders Group is sometimes referred to herein as a “Group”. For purposes of this Agreement, each person who is a member of either the AAI Group or the Founders Group is referred to herein individually as a “Stockholder” and collectively as the “Stockholders.”
WAIVER TO CREDIT AGREEMENTCredit Agreement • April 29th, 2010 • American Apparel, Inc • Blank checks • Massachusetts
THIS WAIVER TO CREDIT AGREEMENT (this “Waiver”) is made to the Credit Agreement (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) dated as of July 2, 2007 by and among:
