SECOND AMENDED AND RESTATED FACTORING AND FINANCING AGREEMENT The CIT Group/Commercial Services, Inc. (as Lender) and Bernard Chaus, Inc. Cynthia Steffe Acquisition, LLC and S.L. Danielle Acquisition, LLC (as Borrowers) Dated: As of March 29, 2010Factoring and Financing Agreement • March 30th, 2010 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
WHEREAS, the Companies and Lender are parties to an Amended and Restated Factoring and Financing Agreement (as amended through the date hereof, the “Old A&R Factoring and Financing Agreement”) dated as of September 10, 2009, and related agreements and documents pursuant to which CIT, extended to the Companies factoring and financing services; and
AMENDMENT NO. 1 TO AMENDED AND RESTATED FACTORING AND FINANCING AGREEMENTFactoring and Financing Agreement • November 9th, 2009 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
AMENDMENT NO. 1 TO AMENDED AND RESTATED FACTORING AND FINANCING AGREEMENT (this “Amendment”) is entered into as of November 5, 2009 by and among CYNTHIA STEFFE ACQUISITION, LLC, a New York limited liability company (“CS Acquisition”), S.L. DANIELLE ACQUISITION, LLC, a New York limited liability company (“Danielle Acquisition”), BERNARD CHAUS, INC., a New York corporation (“Chaus” and together with CS Acquisition and Danielle Acquisition, individually, a “Company” and collectively, the “Companies”) and THE CIT GROUP/COMMERCIAL SERVICES, INC. (“Lender”).
