SECOND FINANCING AGREEMENT AND NOTE MODIFICATION AGREEMENTSecond Financing Agreement and Note Modification Agreement • April 24th, 2012 • Frederick's of Hollywood Group Inc /Ny/ • Women's, misses', children's & infants' undergarments
THIS second FINANCING AGREEMENT AND NOTE MODIFICATION AGREEMENT (“Second Modification”) is entered into on April 20, 2012 to be effective as of April 1, 2012 (the “Effective Date”), by and among Frederick’s of Hollywood Group Inc., a New York corporation (“Group”), FOH Holdings, Inc., a Delaware corporation (the “Parent”), Frederick’s of Hollywood, Inc., a Delaware corporation (“Frederick’s”), Frederick’s of Hollywood Stores, Inc., a Nevada corporation (“Stores”), Hollywood Mail Order, LLC, a Nevada limited liability company (“Mail Order” and together with Group, the Parent, Frederick’s and Stores, individually, a “Borrower”, and collectively, the “Borrowers”), the lending parties from time to time a party to the Financing Agreement (as hereinafter defined) (individually a “Lender” and collectively, the “Lenders”) and Hilco Brands, LLC, a Delaware limited liability company, as arranger and agent for the Lenders (in such capacity, the “Agent”).
