CREDIT AGREEMENT Dated as of March 13, 2012 among AMERICAN APPAREL (USA) LLC, as a Borrower and as Borrower Representative, AMERICAN APPAREL RETAIL, INC., AMERICAN APPAREL DYEING & FINISHING, INC., KCL KNITTING, LLC, as the other Borrowers Party...Credit Agreement • March 19th, 2012 • American Apparel, Inc • Blank checks • New York
The Borrowers have requested that the Lenders provide certain extensions of credit, and the Lenders are willing to do so on the terms and conditions set forth herein.
INTERCREDITOR AGREEMENTIntercreditor Agreement • March 19th, 2012 • American Apparel, Inc • Blank checks • New York
This INTERCREDITOR AGREEMENT, is dated as of March 13, 2012, and entered into by and between CRYSTAL FINANCIAL LLC, in its capacity as administrative agent and collateral agent for the First Lien Lenders (as defined below), including its successors and assigns in such capacity from time to time (in such capacity, the “First Lien Administrative Agent”), and WILMINGTON TRUST, NATIONAL ASSOCIATION (SUCCESSOR BY MERGER TO WILMINGTON TRUST FSB), in its capacity as collateral agent for the Second Lien Lenders (as defined below), including its successors and assigns in such capacity from time to time (in such capacity, the “Second Lien Collateral Agent”), and in its capacity as administrative agent for the Second Lien Lenders (as defined below), including its successors and assigns in such capacity from time to time (in such capacity, the “Second Lien Administrative Agent”), and acknowledged by AMERICAN APPAREL, INC., a corporation organized under the laws of the state of Delaware (the “Compa
SEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 19th, 2012 • American Apparel, Inc • Blank checks • New York
SEVENTH AMENDMENT, dated as of March 13, 2012 (this “Amendment”), under and to the Credit Agreement dated as of March 13, 2009 (as heretofore amended, supplemented or otherwise modified, the “Credit Agreement”), among American Apparel, Inc., a corporation organized under the laws of the State of Delaware (the “Borrower”), the Facility Guarantors from time to time party thereto, Wilmington Trust, National Association (successor by merger to Wilmington Trust FSB), in its capacity as Administrative Agent thereunder and in its capacity as Collateral Agent thereunder, and the Lenders from time to time party thereto.
VOTING AGREEMENTVoting Agreement • March 19th, 2012 • American Apparel, Inc • Blank checks • Delaware
VOTING AGREEMENT, dated as of March 13, 2012 (this “Voting Agreement”), between Dov Charney, an individual (“Mr. Charney”), and Lion/Hollywood L.L.C. (“Lion”), in its capacity as Lender under that certain Credit Agreement, dated as of March 13, 2009 (as modified, amended, supplemented or restated and in effect from time to time, the “Credit Agreement”) among American Apparel, Inc. (the “Company”), the Facility Guarantors thereunder, the Lenders from time to time party thereto, and Wilmington Trust FSC (the “Agent”), in its capacities as Administrative Agent and Collateral Agent thereunder. Capitalized terms used herein and not otherwise defined shall have the respective meanings ascribed to such terms under the Credit Agreement and/or the Warrant Amendments.
