Vince, LLCCredit Agreement • July 5th, 2017 • Vince Holding Corp. • Retail-apparel & accessory stores
WAIVER, CONSENT, AND FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 5th, 2017 • Vince Holding Corp. • Retail-apparel & accessory stores • New York
WAIVER, CONSENT, AND FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) dated as of June 30, 2017, by and among VINCE, LLC, a Delaware limited liability company (“Vince”) and Vince Intermediate Holding, LLC, a Delaware limited liability company (“Vince Intermediate”, and together with Vince, each a “Borrower” and collectively, the “Borrowers”), the Guarantors party thereto, BANK OF AMERICA, N.A., as administrative agent (in such capacity, including any successor thereto, the “Agent”), and each lender party hereto (collectively, the “Lenders” and individually, each a “Lender”).
Loan Authorization Agreement Dated: June 22, 2017Loan Authorization Agreement • July 5th, 2017 • Vince Holding Corp. • Retail-apparel & accessory stores • Illinois
The Company referred to below has applied for, and Bank of Montreal (the “Lender”) has approved the establishment of, a loan authorization account (“Loan Account”) from which the Company may from time to time request loans and letters of credit up to the maximum amount of credit shown below (the “Maximum Credit”); provided that the sum of the aggregate principal amount of loans outstanding plus the aggregate undrawn stated amount of letters of credit issued hereunder plus the aggregate amount of any unreimbursed draws under any letters of credit issued hereunder (such sum, the “Outstanding Obligations”) shall not exceed the Maximum Credit. Interest on such loans is computed at a variable rate which may change daily based upon changes in the Prime Rate or the LIBOR Quoted Rate (each as hereinafter defined). The Company may make principal payments at any time and in any amount. The request by the Company for, and the making by the Lender of, any loan against the Loan Account or the issua
Guaranty Date: June 22, 2017Vince Holding Corp. • July 5th, 2017 • Retail-apparel & accessory stores
For value received and in consideration of advances made or to be made, or credit given or to be given, or other financial accommodation afforded or to be afforded to Vince, LLC, a Delaware limited liability company (the “Borrower”), by Bank of Montreal, its successors and assigns (hereinafter called the “Lender”), from time to time, the undersigned (the “Guarantor”) hereby guarantees the full and prompt payment to the Lender at maturity and at all times thereafter of any and all indebtedness, obligations and liabilities of every kind and nature of the Borrower to the Lender including, without limitation, any reimbursement obligations in connection with letters of credit issued by the Lender on behalf of the Borrower and any liabilities of partnerships created or arising while either Borrower may have been or may be a member thereof, howsoever evidenced, whether now existing or hereafter created or arising, whether direct or indirect, absolute or contingent, or joint or several, and ho
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 5th, 2017 • Vince Holding Corp. • Retail-apparel & accessory stores • New York
This SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of June 22, 2017, by and among VINCE, LLC, a Delaware limited liability company (the “Borrower”), the Guarantors party thereto, BANK OF AMERICA, N.A., as administrative agent and as collateral agent (in such capacities, including any successor thereto, the “Agent”) under the Loan Documents, and each lender party hereto (collectively, the “Lenders” and individually, each a “Lender”).
LETTER AGREEMENTLetter Agreement • July 5th, 2017 • Vince Holding Corp. • Retail-apparel & accessory stores • New York
LETTER AGREEMENT (this “Agreement”) dated as of June 22, 2017 by and among: (i) VINCE, LLC, a Delaware limited liability company (the “Account Party”), (ii) BANK OF AMERICA, N.A., in its capacity as agent (the “Agent”) pursuant to the Credit Agreement dated as of November 27, 2013 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) acting on behalf of itself and the Lenders, (iii) VINCE, LLC, a Delaware limited liability company (the “Borrower”), (iv) the Guarantors party hereto (the “Guarantors”, and, collectively with the Borrower, the “Loan Parties”). Unless otherwise defined all capitalized terms used herein shall have the meaning given to them in the Credit Agreement.
