Aeropostale Inc Sample Contracts

Exhibit 10.4 LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • March 8th, 2002 • Aeropostale Inc • Massachusetts
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DATED AS OF
Stockholders' Agreement • March 8th, 2002 • Aeropostale Inc • New York
EXHIBIT 10.24
Employment Agreement • April 14th, 2004 • Aeropostale Inc • Retail-apparel & accessory stores • New York
EXHIBIT 10.19
Employment Agreement • April 14th, 2004 • Aeropostale Inc • Retail-apparel & accessory stores • New York
EXHIBIT 1.1 6,085,000 Shares of Common Stock AEROPOSTALE, INC. UNDERWRITING AGREEMENT
Underwriting Agreement • July 23rd, 2003 • Aeropostale Inc • Retail-apparel & accessory stores • New York
PARTIES
Employment Agreement • March 8th, 2002 • Aeropostale Inc • New York
EXHIBIT 10.21
Employment Agreement • April 14th, 2004 • Aeropostale Inc • Retail-apparel & accessory stores • New York
PARTIES
Employment Agreement • April 30th, 2002 • Aeropostale Inc • Retail-apparel & accessory stores • New York
EXHIBIT 10.1 AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT FLEET RETAIL FINANCE INC.
Loan and Security Agreement • December 9th, 2003 • Aeropostale Inc • Retail-apparel & accessory stores • Massachusetts
AGREEMENT
Management Services Agreement • March 8th, 2002 • Aeropostale Inc • New York
PARTIES
Employment Agreement • April 29th, 2003 • Aeropostale Inc • Retail-apparel & accessory stores • New York
Exhibit 1.1 12,500,000 Shares of Common Stock AEROPOSTALE, INC. UNDERWRITING AGREEMENT
Aeropostale Inc • April 30th, 2002 • Retail-apparel & accessory stores • New York
RIGHTS AGREEMENT by and between
Rights Agreement • November 26th, 2013 • Aeropostale Inc • Retail-apparel & accessory stores • Delaware

THIS RIGHTS AGREEMENT (this “Agreement”), dated as of November 26, 2013, is entered into by and between Aéropostale, Inc., a Delaware corporation (the “Corporation”), and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company (the “Rights Agent”).

EMPLOYMENT AGREEMENT
Employment Agreement • March 8th, 2007 • Aeropostale Inc • Retail-apparel & accessory stores

This Employment Agreement (this “Agreement”) dated on March 16, 2007 (the “Effective Date”), is entered into by and between Aeropostale, Inc., a Delaware corporation (the “Company”), and Mindy Meads, an individual residing at 27 Homesdale Road, Bronxville, NY 10708 (the “Executive”).

EMPLOYMENT AGREEMENT
Employment Agreement • May 6th, 2013 • Aeropostale Inc • Retail-apparel & accessory stores

This Employment Agreement (this "Agreement") effective as of May 3, 2013 (the "Effective Date"), is entered into by and between Aeropostale, Inc., a Delaware corporation (the "Company"), and Thomas P. Johnson, an individual residing at 127 Milbob Drive, Ivyland, Pennsylvania 18974 (the "Executive").

Restricted Stock Award Rescission Agreement
Restricted Stock Award Rescission Agreement • November 4th, 2013 • Aeropostale Inc • Retail-apparel & accessory stores • New York

This Restricted Stock Award Rescission Agreement (this “Rescission Agreement”) is entered into as of October 31, 2013 (the “Rescission Date”), by and between Mary Jo Pile (the “Executive”) and Aéropostale, Inc. (the “Company”), (each, a “Party” and collectively, the “Parties”).

EMPLOYMENT AGREEMENT
Employment Agreement • September 25th, 2009 • Aeropostale Inc • Retail-apparel & accessory stores

This Employment Agreement (this "Agreement") dated and effective on September 23, 2009 (the "Effective Date"), is entered into by and between Aeropostale, Inc., a Delaware corporation (the "Company"), and Mindy C. Meads, an individual residing at 27 Homesdale Road, Bronxville, NY 10708 (the "Executive").

LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • May 28th, 2014 • Aeropostale Inc • Retail-apparel & accessory stores • New York

THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) is made between Aero Investors LLC, a Delaware limited liability company (in such capacity, the “Agent”), with offices c/o Sycamore Partners at 9 West 57th Street, 31st Floor, New York, New York 10019, as agent for the ratable benefit of the “Lenders” who are, at present, those financial institutions identified on the signature pages of this Agreement or who otherwise become “Lenders” pursuant to the terms of this Agreement from time to time, the Lenders party hereto, and Aeropostale, Inc. (hereinafter, the “Borrower”), a Delaware corporation with its principal executive offices at 112 West 34th Street, New York, New York 10120.

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AMENDED AND RESTATED EQUITY INTEREST PLEDGE AGREEMENT
Equity Interest Pledge Agreement • September 8th, 2010 • Aeropostale Inc • Retail-apparel & accessory stores • Massachusetts

This AMENDED AND RESTATED EQUITY INTEREST PLEDGE AGREEMENT (this “Agreement”) is made as of this 13th day of November, 2007 by and between Aeropostale, Inc., a Delaware corporation (the "Borrower"), and Bank of America, N.A. (as assignee of Fleet Retail Finance Inc. (“Fleet”) pursuant to that certain Assignment and Acceptance dated as of even date herewith by and between Fleet, as Assignor, and Bank of America, N.A., as Assignee), a national banking association with offices at 100 Federal Street, 9th Floor, Boston, Massachusetts 02110 (the “Lender”).

RECITALS:
Sourcing Agreement • March 8th, 2002 • Aeropostale Inc • New York
AMENDED AND RESTATED GUARANTY Bank of America, N.A. LENDER November 13, 2007
Aeropostale Inc • September 8th, 2010 • Retail-apparel & accessory stores • Massachusetts

WHEREAS, the Borrower, the Guarantors and the Lender (as assignee of Fleet Retail Finance Inc. (“Fleet”) pursuant to that certain Assignment and Acceptance dated as of even date herewith by and between Fleet, as Assignor, and Bank of America, N.A., as Assignee), are party to that certain Second Amended and Restated Loan and Security Agreement dated as of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”); and

AGENCY AGREEMENT
Agency Agreement • September 16th, 2016 • Aeropostale Inc • Retail-apparel & accessory stores • New York

This Agency Agreement (“Agreement”), effective upon the closing (the “Closing”) of the transactions contemplated by the APA (as defined below), is made as of September 12, 2016, by and among Aéropostale, Inc., a Delaware corporation (“Aéropostale”), and the other direct and indirect wholly-owned Subsidiaries of Aéropostale that are signatory hereto (together with Aéropostale, “Merchant”), a contractual joint venture composed of Hilco Merchant Resources, LLC and Gordon Brothers Retail Partners, LLC (together, “Agent”), and Aero OpCo LLC (the “Buyer”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the APA.

SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT BANK OF AMERICA, N.A. As Lender And AEROPOSTALE, INC. The Borrower November 13, 2007
Loan and Security Agreement • December 3rd, 2010 • Aeropostale Inc • Retail-apparel & accessory stores • Massachusetts

Aeropostale, Inc., (hereinafter, the “Borrower”), a Delaware corporation with its principal executive offices at 1372 Broadway, New York, New York 10020

SEPARATION AGREEMENT AND RELEASE
Separation Agreement and Release • December 8th, 2014 • Aeropostale Inc • Retail-apparel & accessory stores • New York

This Separation Agreement and Release (the “Agreement”), dated August 18, 2014 (the “Effective Date”) is made between Aeropostale, Inc., a Delaware corporation having an office at 112 West 34th Street, New York; New York 10120 (“Employer”) and Thomas P. Johnson, an individual residing at 127 Milbob Drive, Ivyland, PA 18974 (“Employee” and collectively with Employer, the “Parties”).

AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
Employment Agreement • April 12th, 2005 • Aeropostale Inc • Retail-apparel & accessory stores

THIS AMENDMENT No. 1, dated as of April 11, 2005, to that certain Employment Agreement, dated and effective as of February 1, 2004, between Aeropostale, Inc., a Delaware corporation (the “Corporation”), and Julian R. Geiger (the “Executive”) (as heretofore amended, the “Agreement”).

FIRST AMENDMENT TO SECURED SUPERPRIORITY DEBTOR IN POSSESSION LOAN, SECURITY AND GUARANTY AGREEMENT
Guaranty Agreement • May 31st, 2016 • Aeropostale Inc • Retail-apparel & accessory stores

THIS FIRST AMENDMENT TO SECURED SUPERPRIORITY DEBTOR IN POSSESSION LOAN, SECURITY AND GUARANTY AGREEMENT (this “Amendment”) is entered into as of May 25, 2016, by and among AEROPOSTALE, INC., a Delaware corporation (“Borrower”), the Guarantors identified on the signature pages hereof, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), and CRYSTAL FINANCIAL LLC, a Delaware limited liability company, as agent for the Lenders (in such capacity, the “Agent”).

AMENDMENT TO RIGHTS AGREEMENT by and between
Rights Agreement • March 14th, 2014 • Aeropostale Inc • Retail-apparel & accessory stores • Delaware

THIS AMENDMENT TO RIGHTS AGREEMENT (this “Amendment”), dated as of March 13, 2014, is entered into by and between Aéropostale, Inc., a Delaware corporation (the “Corporation”), and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company (the “Rights Agent”).

THIRD AMENDMENT TO SECURED SUPERPRIORITY DEBTOR IN POSSESSION LOAN, SECURITY AND GUARANTY AGREEMENT
Guaranty Agreement • June 14th, 2016 • Aeropostale Inc • Retail-apparel & accessory stores

THIS THIRD AMENDMENT TO SECURED SUPERPRIORITY DEBTOR IN POSSESSION LOAN, SECURITY AND GUARANTY AGREEMENT (this “Amendment”) is entered into as of June 9, 2016, by and among AEROPOSTALE, INC., a Delaware corporation (“Borrower”), the Guarantors identified on the signature pages hereof, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), and CRYSTAL FINANCIAL LLC, a Delaware limited liability company, as agent for the Lenders (in such capacity, the “Agent”).

INVESTOR RIGHTS AGREEMENT
Investor Rights Agreement • May 28th, 2014 • Aeropostale Inc • Retail-apparel & accessory stores • New York

THIS INVESTOR RIGHTS AGREEMENT (this “Agreement”) is made as of May 23, 2014, by and between Aero Investors LLC, a Delaware limited liability company (“Investor”), and Aéropostale, Inc., a Delaware corporation (the “Company”). Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such terms in Section 5M hereof.

EMPLOYMENT AGREEMENT
Employment Agreement • January 31st, 2008 • Aeropostale Inc • Retail-apparel & accessory stores • New York

This Employment Agreement (the “Agreement) made this 30th day of January, 2008, by and between Aéropostale, Inc., a Delaware corporation having an office at 112 West 34th Street, New York, New York 10120 (the “Company”) and Julian R. Geiger, residing at 7 Chowning Drive, Malvern, Pennsylvania 19355 (the “Executive”).

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