As of January 29, 1998 BNY Financial Corporation 1290 Avenue of the Americas New York, New York Attention: Andrew Rogow Gentlemen: Reference is made to (a) the Second Restated and Amended Financing Agreement dated as of October 10, 1997 (as the same...Collateral Deposit Release • February 17th, 1998 • Chaus Bernard Inc • Women's, misses', and juniors outerwear
Reference is made to (a) the Second Restated and Amended Financing Agreement dated as of October 10, 1997 (as the same has been and may be further amended, modified, supplemented and restated from time to time, the "Financing Agreement") between BNY Financial Corporation ("Lender") and Bernard Chaus, Inc. ("Borrower"), (b) that certain $12,500,000 Promissory Note dated as of October 10, 1997 (as the same has been and may be further amended, modified, supplemented and restated from time to time, the "Note") executed by the undersigned in favor of Lender and (c) that certain Cash Collateral Deposit Letter from the undersigned to Lender dated as of October 10, 1997 (as the same has been and may be further amended, modified, supplemented and restated from time to time, the "Deposit Letter"). All capitalized terms used herein which are not defined shall have the meanings given to them in the Financing Agreement.
