AMENDMENT TO FORBEARANCE PERIODFinancing Agreement • June 16th, 2020 • Apex Global Brands Inc. • Women's, misses', and juniors outerwear • New York
This AMENDMENT TO FORBEARANCE PERIOD, dated as of April 10, 2020 (this “Amendment”), is entered into by and among Apex Global Brands Inc. (formerly known as Cherokee Inc.), a Delaware corporation (the “Parent” and the “U.S. Borrower”), Irene Acquisition Company B.V., a private company with limited liability incorporated under the laws of the Netherlands, having its statutory seat (statutaire zetel) in Amsterdam, the Netherlands and registered with the Dutch trade register under number 67160921 (the “Dutch Borrower” and, together with the U.S. Borrower, each a “Borrower” and collectively, the “Borrowers”), each Guarantor party hereto, the Lenders party hereto which constitute all of the Lenders party to the Financing Agreement as of the date hereof, Gordon Brothers Finance Company, a Delaware corporation (“GBFC”), as collateral agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Collateral Agent”), and GBFC, as administrative agent fo
FOURTH AMENDMENT TO FINANCING AGREEMENT AND FORBEARANCE AGREEMENTFinancing Agreement and Forbearance Agreement • June 16th, 2020 • Apex Global Brands Inc. • Women's, misses', and juniors outerwear • New York
This FOURTH AMENDMENT TO FINANCING AGREEMENT AND FORBEARANCE AGREEMENT, dated as of April 30, 2020 (this “Amendment”), is entered into by and among Apex Global Brands Inc. (formerly known as Cherokee Inc.), a Delaware corporation (the “Parent” and the “U.S. Borrower”), Irene Acquisition Company B.V., a private company with limited liability incorporated under the laws of the Netherlands, having its statutory seat (statutaire zetel) in Amsterdam, the Netherlands and registered with the Dutch trade register under number 67160921 (the “Dutch Borrower” and, together with the U.S. Borrower, each a “Borrower” and collectively, the “Borrowers”), each Guarantor party hereto, the Lenders party hereto which constitute all of the Lenders party to the Financing Agreement as of the date hereof, Gordon Brothers Finance Company, a Delaware corporation (“GBFC”), as collateral agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Collateral Agent”), an
PROMISSORY NOTEApex Global Brands Inc. • June 16th, 2020 • Women's, misses', and juniors outerwear • New York
FOR VALUE RECEIVED, Apex Global Brands Inc., a Delaware corporation (the “Borrower”), hereby promises to pay, without setoff, deduction, recoupment or counterclaim, to ______________, an individual (the “Holder”), or his permitted assigns, the principal sum of $_________, together with all accrued and unpaid interest thereon, upon the terms and conditions specified below.
