AMENDMENT NO. 3 TO RATIFICATION AGREEMENT AND AMENDMENT NO. 10 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 28th, 2009 • Hartmarx Corp/De • Apparel & other finishd prods of fabrics & similar matl • Illinois
AMENDMENT NO. 3 TO RATIFICATION AGREEMENT AND AMENDMENT NO. 10 TO LOAN AND SECURITY AGREEMENT (this “Amendment”), dated as of July 17, 2009, is by and among Wachovia Capital Finance Corporation (Central), an Illinois corporation, in its capacity as agent acting for and on behalf of the parties to the Loan Agreement (as hereinafter defined) as lenders (in such capacity, “Agent”), the parties to the Loan Agreement as lenders (each individually a “Lender” and collectively, “Lenders”), Hartmarx Corporation, a Delaware corporation, as Debtor and Debtor-in-Possession (“US Borrower”), Coppley Apparel Group Limited, an Ontario corporation (“Canadian Borrower”; together with US Borrower, each individually, a “Borrower” and collectively, “Borrowers”), and each of the companies listed on Exhibit A hereto as guarantors, each as Debtor and Debtor-in-Possession (each individually a “Guarantor” and collectively, “Guarantors”).
