0001193125-21-008570 Sample Contracts

ASSET-BASED TERM LOAN AGREEMENT Dated as of January 13, 2021 among EXPRESS, INC., as Holdings, EXPRESS TOPCO LLC, as Intermediate Holdings, EXPRESS HOLDING, LLC, as Parent, EXPRESS, LLC, as Borrower, THE OTHER LOAN PARTIES PARTY HERETO FROM TIME TO...
Loan Agreement • January 14th, 2021 • Express, Inc. • Retail-apparel & accessory stores • New York

ASSET-BASED TERM LOAN AGREEMENT dated as of January 13, 2021 (as amended, amended and restated, restated, supplemented, modified or otherwise in effect from time to time, this “Agreement”), among EXPRESS, INC., a Delaware corporation (“Holdings”), EXPRESS TOPCO LLC, a Delaware limited liability company (“Intermediate Holdings”), EXPRESS HOLDING, LLC, a Delaware limited liability company (the “Parent”), EXPRESS, LLC, a Delaware limited liability company (the “Borrower”), the other Loan Parties (as hereinafter defined) party hereto from time to time, each lender party hereto from time to time (collectively, the “Lenders” and each individually, a “Lender”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent (together with any successor collateral agent appointed pursuant to Article VII, the “Collateral Agent”) for the Secured Parties (as hereinafter defined) and as administrative agent (together with any successor administrative agent appointed pursuant to Article VII, the “Admin

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SECOND AMENDMENT TO SECOND AMENDED AND RESTATED $250,000,000 ASSET-BASED LOAN CREDIT AGREEMENT
Credit Agreement • January 14th, 2021 • Express, Inc. • Retail-apparel & accessory stores • New York

SECOND AMENDED AND RESTATED ASSET-BASED LOAN CREDIT AGREEMENT dated as of May 20, 2015, as amended on May 24, 2019 (and January 13, 2021 (as amended, amended and restated, restated, supplemented, modified or otherwise in effect from time to time, this “Agreement”), among EXPRESS, INC., a Delaware corporation (“Holdings”), EXPRESS TOPCO LLC, a Delaware limited liability company (“Intermediate Holdings”), EXPRESS HOLDING, LLC, a Delaware limited liability company (the “Parent”), EXPRESS, LLC, a Delaware limited liability company (the “Borrower”), the Subsidiary Guarantorsother Loan Parties (as hereinafter defined), the Lenders (as hereinafter defined), the Issuing Bank (as hereinafter defined), the Swing Line Bank (as hereinafter defined), WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent (together with any successor collateral agent appointed pursuant to Article VII, the “Collateral Agent”) for the Secured Parties (as hereinafter defined) and as administrative agent (together

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