INDEMNIFICATION AGREEMENTIndemnification Agreement • April 30th, 2010 • Express Parent LLC • Retail-apparel & accessory stores • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of , 2010 between Express, Inc., a Delaware corporation (the “Company”), and [ ] (“Indemnitee”).
Express, Inc. Common Stock, $0.01 par value Underwriting AgreementUnderwriting Agreement • December 6th, 2011 • Express, Inc. • Retail-apparel & accessory stores • New York
Certain stockholders named in Schedule II(a) and Schedule II(b) hereto (collectively, the “Selling Stockholders”) of Express, Inc., a Delaware corporation (the “Company”), propose, severally and not jointly, subject to the terms and conditions stated herein, to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) for whom Merrill Lynch, Pierce, Fenner & Smith Incorporated (the “Representative”) is acting as representative, an aggregate of [ ] shares (the “Firm Shares”) and, at the election of the Underwriters, up to [ ] additional shares (the “Optional Shares”) of common stock, $0.01 par value (“Stock”) of the Company. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”.
INDEMNIFICATION AGREEMENTIndemnification Agreement • January 5th, 2012 • Express, Inc. • Retail-apparel & accessory stores • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of _____________, 20__ between Express, Inc., a Delaware corporation (the “Company”), and [_________] (“Indemnitee”).
Express, Inc. Common Stock ($0.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENTTerms Agreement • June 3rd, 2021 • Express, Inc. • Retail-apparel & accessory stores • New York
Express, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through BofA Securities, Inc., as sales agent and/or principal (the “Agent”), shares (the “Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”), for up to 15,000,000 shares of Common Stock, on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Company agrees that whenever it determines to sell Shares directly to the Agent as principal it will enter into a separate written Terms Agreement (each, a “Terms Agreement”), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(k) hereof. References herein to “this Agreement” or to matters contained “herein” or “hereunder”, or words of similar import, mean this ATM Equity Offering SM Sales Agreement and any applicable Terms Agreement.
FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • August 3rd, 2016 • Express, Inc. • Retail-apparel & accessory stores • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of [DATE] between Express, Inc., a Delaware corporation (the “Company”), and [NAME] (“Indemnitee”).
STOCKHOLDER PROTECTION RIGHTS AGREEMENT dated as of June 12, 2014 between EXPRESS, INC. and COMPUTERSHARE TRUST COMPANY, N.A., as Rights AgentStockholder Protection Rights Agreement • June 13th, 2014 • Express, Inc. • Retail-apparel & accessory stores • Delaware
STOCKHOLDER PROTECTION RIGHTS AGREEMENT (as amended from time to time, this “Agreement”), dated as of June 12, 2014, between Express, Inc., a Delaware corporation (the “Company”), and Computershare Trust Company, N.A., as Rights Agent (the “Rights Agent”, which term shall include any successor Rights Agent hereunder).
RESTRICTED STOCK AGREEMENT PURSUANT TO THE EXPRESS, INC. 2010 INCENTIVE COMPENSATION PLANRestricted Stock Agreement • April 30th, 2010 • Express Parent LLC • Retail-apparel & accessory stores • Delaware
THIS RESTRICTED STOCK AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between Express, Inc., a Delaware corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the Express, Inc. 2010 Incentive Compensation Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and
INCENTIVE STOCK OPTION AGREEMENT PURSUANT TO THE EXPRESS, INC. 2010 INCENTIVE COMPENSATION PLANIncentive Stock Option Agreement • April 30th, 2010 • Express Parent LLC • Retail-apparel & accessory stores • Delaware
THIS INCENTIVE STOCK OPTION AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between Express, Inc., a Delaware corporation (the “Company”), and the Participant specified above, pursuant to the Express, Inc. 2010 Incentive Compensation Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and
RIGHTS AGREEMENT Dated as of April 20, 2020 between Express, Inc. and Computershare Trust Company, N.A. as Rights AgentRights Agreement • April 21st, 2020 • Express, Inc. • Retail-apparel & accessory stores • New York
This Rights Agreement (this “Agreement”), dated as of April 20, 2020, is between Express, Inc., a Delaware corporation (the “Company”), and Computershare Trust Company, N.A., a federally chartered trust company, as rights agent (the “Rights Agent”).
NONQUALIFIED STOCK OPTION AGREEMENT PURSUANT TO THE EXPRESS, INC. 2010 INCENTIVE COMPENSATION PLANNonqualified Stock Option Agreement • April 4th, 2014 • Express, Inc. • Retail-apparel & accessory stores • Delaware
THIS NON-QUALIFIED STOCK OPTION AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between Express, Inc., a Delaware corporation (the “Company”), and the Participant specified above, pursuant to the Express, Inc. 2010 Incentive Compensation Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and
SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 17th, 2017 • Express, Inc. • Retail-apparel & accessory stores • Ohio
THIS SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) is entered into between Express, LLC (hereinafter the “Company”), and [__________] (the “Executive”) (hereinafter collectively referred to as “the parties”) and is effective on the date of execution by the parties.
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. [*****] INDICATES THAT INFORMATION HAS BEEN REDACTED OR OMITTED. REGISTRATION...Registration Rights Agreement • January 26th, 2023 • Express, Inc. • Retail-apparel & accessory stores • Delaware
This REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is entered into as of January 25, 2023, by and among Express, Inc., a Delaware corporation (the “Company”), and each of the investors listed on the signature pages hereto (collectively, together with their respective successors and assigns, the “Purchasers” and each, a “Purchaser”). Capitalized terms used but not defined elsewhere herein are defined in Exhibit A. The Purchasers and any other party that may become a party hereto pursuant to Section 4.1 are referred to collectively as the “Investors” and individually each as an “Investor”.
RESTRICTED STOCK UNIT AGREEMENT PURSUANT TO THE EXPRESS, INC. 2010 INCENTIVE COMPENSATION PLANRestricted Stock Unit Agreement • March 17th, 2017 • Express, Inc. • Retail-apparel & accessory stores • Delaware
THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between Express, Inc., a Delaware corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the Express, Inc. 2010 Incentive Compensation Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and
License AgreementLicense Agreement • May 24th, 2023 • Express, Inc. • Retail-apparel & accessory stores • Delaware
This License Agreement (this “Agreement”) is made and entered into as of this May 23, 2023 (the “Effective Date”) by and between Bonobos, Inc., a Delaware corporation with its principal place of business at 530 Fifth Avenue, 12th Floor, New York, NY 10036 (“Licensor”), and Express, Inc., a Delaware corporation with its principal place of business at 1 Express Drive, Columbus, OH 43230 (“Licensee”).
UNIT PURCHASE AGREEMENT dated as of May 15, 2007 among EXPRESS INVESTMENT CORP., LIMITED BRANDS STORE OPERATIONS, INC., EXPRESS HOLDING, LLC and LIMITED BRANDS, INC. relating to the purchase and sale of of EXPRESS HOLDING, LLCUnit Purchase Agreement • March 25th, 2010 • Express Parent LLC • Retail-apparel & accessory stores • New York
AGREEMENT (this “Agreement”) dated as of May 15, 2007 among Express Investment Corp., a Delaware corporation (“Buyer”), Limited Brands Store Operations, Inc., a Delaware corporation (“Seller”), Limited Brands, Inc., a Delaware corporation (“Limited Brands”) and Express Holding, LLC, a Delaware limited liability company (the “Company”).
AMENDED AND RESTATED SEVERANCE AGREEMENTAmended and Restated Severance Agreement • June 6th, 2013 • Express, Inc. • Retail-apparel & accessory stores • Ohio
This SEVERANCE AGREEMENT (this “Agreement”), is entered into between Express, LLC, a Delaware limited liability company (the “Company”), and [•] (the “Executive”) as of [•], 2013 (the “Effective Date”).
EXPRESS, INC. CASH PERFORMANCE AWARDPerformance Award • June 6th, 2013 • Express, Inc. • Retail-apparel & accessory stores • Delaware
Michael A. Weiss (the “Grantee”) is granted, effective as of April [ ], 2013, a cash performance award in an amount to be determined in accordance with Sections 1 and 2 hereof (the “Award”) pursuant to Article IX of the 2010 Incentive Compensation Plan (the “Plan”) of Express, Inc. (the “Company”). The Award is subject to the terms and conditions set forth below and in the Plan, which is incorporated by reference in, and made a part of, this Cash Performance Award Agreement (this “Agreement”). To the extent that there is a conflict between the terms of the Plan and this Agreement, the terms of the Plan shall govern. Any term not defined herein shall have the meaning assigned to such term in the Plan.
RESTRICTED STOCK UNIT AGREEMENT PURSUANT TO THE EXPRESS, INC. 2018 INCENTIVE COMPENSATION PLANRestricted Stock Unit Agreement • March 21st, 2019 • Express, Inc. • Retail-apparel & accessory stores • Delaware
THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between Express, Inc., a Delaware corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the Express, Inc. 2018 Incentive Compensation Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and WHEREAS, it has been determined under the Plan that it would be in the best interests of the Company to grant the Restricted Stock Units (“RSUs”) provided herein to the Participant.
AGREEMENT AND PLAN OF MERGER dated as of May , 2010 among EXPRESS PARENT LLC, EXPRESS MANAGEMENT INVESTORS BLOCKER, INC., EXPRESS MANAGEMENT INVESTORS LLC, EXPRESS INVESTMENT CORP., MULTI-CHANNEL RETAIL HOLDINGS LLC - SERIES G and EXPRESS HOLDING, LLCAgreement and Plan of Merger • May 11th, 2010 • Express Parent LLC • Retail-apparel & accessory stores • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is dated as of May , 2010, by and among Express Parent LLC, a Delaware limited liability company (the “Company”), Express Management Investors Blocker, Inc., a Delaware corporation (“EMIB”), Express Management Investors LLC, a Delaware limited liability company and the sole stockholder of EMIB (“EMI”), Express Investment Corp., a Delaware corporation (“EIC”), Multi-Channel Retail Holdings LLC — Series G, a Delaware limited liability company and the sole stockholder of EIC (“MCRH”), and Express Holding, LLC (“Holding”). The Company, EMIB, EMI, EIC, MCRH, and Holding are collectively referred to herein as the “Parties” and each individually is referred to herein as a “Party.”
EXP TOPCO, LLC AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT Dated January 25, 2023Limited Liability Company Agreement • January 26th, 2023 • Express, Inc. • Retail-apparel & accessory stores • Delaware
This AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of EXP TOPCO, LLC, a Delaware limited liability company (the “Company”), is entered into on January 25, 2023 (the “Closing Date”), pursuant to the Delaware Limited Liability Company Act, Delaware Code Ann. Title 6, §§18-101, et seq. (the “Delaware Act”), by and among the Company, EXPWHP, LLC, a Delaware limited liability company (“EXPWHP”), Express Fashion Investments, LLC, a Delaware limited liability company (“Contribution Co”), and Express LLC, a Delaware limited liability company (“Express”). Capitalized terms used herein shall have the respective meanings ascribed to such terms in Article I.
EMPLOYMENT AGREEMENTEmployment Agreement • May 21st, 2019 • Express, Inc. • Retail-apparel & accessory stores • Ohio
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is entered into by and among Express, Inc., Express, LLC (together with Express, Inc., the “Company”), and Timothy Baxter (the “Executive”) (collectively referred to as the “Parties”).
125,000,000 TERM LOAN CREDIT AGREEMENT Dated as of July 6, 2007 Among EXPRESS HOLDING, LLC, as Parent EXPRESS, LLC, as Borrower and THE INITIAL LENDERS NAMED HEREIN as Initial Lenders and MORGAN STANLEY & CO. INCORPORATED as Collateral Agent and...Credit Agreement • February 16th, 2010 • Express Parent LLC • New York
TERM LOAN CREDIT AGREEMENT dated as of July 6, 2007 among EXPRESS HOLDING, LLC, a Delaware limited liability company (the “Parent”), EXPRESS, LLC, a Delaware limited liability company (the “Borrower”), the Subsidiary Guarantors (as hereinafter defined), the Lenders (as hereinafter defined), MORGAN STANLEY & CO. INCORPORATED (“MS&Co”), as collateral agent (together with any successor collateral agent appointed pursuant to Article VII, the “Collateral Agent”) for the Secured Parties (as hereinafter defined), and MORGAN STANLEY SENIOR FUNDING, INC. (“MSSF”), as syndication agent, and MSSF, as administrative agent (together with any successor administrative agent appointed pursuant to Article VII, the “Administrative Agent” and, together with the Collateral Agent, the “Agents”) for the Lender Parties (as hereinafter defined).
CONSENT AND FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED ASSET-BASED LOAN CREDIT AGREEMENT AND AMENDMENT TO CERTAIN ANCILLARY LOAN DOCUMENTSSecurity Agreement • January 26th, 2023 • Express, Inc. • Retail-apparel & accessory stores • New York
This SECOND AMENDED AND RESTATED ASSET-BASED LOAN CREDIT AGREEMENT dated as of May 20, 2015, as amended on May 24, 2019, January 13, 2021 and, November 23, 2022 and January 25, 2023 (as amended, amended and restated, restated, supplemented, modified or otherwise in effect from time to time, this “Agreement”), among EXPRESS, INC., a Delaware corporation (“Holdings”), EXPRESS TOPCO LLC, a Delaware limited liability company (“Intermediate Holdings”), EXPRESS HOLDING, LLC, a Delaware limited liability company (the “Parent”), EXPRESS, LLC, a Delaware limited liability company (the “Borrower”), the other Loan Parties (as hereinafter defined), the Lenders (as hereinafter defined), the Issuing Bank (as hereinafter defined), the Swing Line Bank (as hereinafter defined), WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent (together with any successor collateral agent appointed pursuant to Article VII, the “Collateral Agent”) for the Secured Parties (as hereinafter defined) and as adminis
EXPRESS, LLC EXPRESS FINANCE CORP. AND EACH OF THE GUARANTORS PARTY HERETO 8.750% SENIOR NOTES DUE 2018 INDENTURE Dated as of March 5, 2010 U.S. BANK NATIONAL ASSOCIATION as TrusteeIndenture • March 25th, 2010 • Express Parent LLC • Retail-apparel & accessory stores • New York
INDENTURE dated as of March 5, 2010 among Express, LLC, a Delaware limited liability company (“Express”), Express Finance Corp., a Delaware corporation (“Express Finance” and, together with Express, the “Issuers”), the Guarantors (as defined) and U.S. Bank National Association, as trustee.
AMENDMENT NO. 1 TO UNIT PURCHASE AGREEMENTUnit Purchase Agreement • March 25th, 2010 • Express Parent LLC • Retail-apparel & accessory stores • New York
AMENDMENT NO. 1 TO UNIT PURCHASE AGREEMENT (this “Amendment”), dated as of July 6, 2007, among Express Investment Corp., a Delaware corporation (“Buyer”), Limited Brands Store Operations, Inc., a Delaware corporation (“Seller”), Limited Brands, Inc., a Delaware corporation (“Limited Brands”), and Express Holding, LLC, a Delaware limited liability company (the “Company”).
RESTRICTED STOCK UNIT AGREEMENT PURSUANT TO THE EXPRESS, INC. 2010 INCENTIVE COMPENSATION PLANRestricted Stock Unit Agreement • June 6th, 2013 • Express, Inc. • Retail-apparel & accessory stores • Delaware
THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between Express, Inc., a Delaware corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the Express, Inc. 2010 Incentive Compensation Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and
SECOND AMENDED AND RESTATED $250,000,000 ASSET-BASED LOAN CREDIT AGREEMENT Dated as of May 20, 2015 Among EXPRESS HOLDING, LLC, as Parent EXPRESS, LLC, as Borrower and THE INITIAL LENDERS, INITIAL ISSUING BANK AND SWING LINE BANK NAMED HEREIN, as...Credit Agreement • May 27th, 2015 • Express, Inc. • Retail-apparel & accessory stores • New York
SECOND AMENDED AND RESTATED ASSET-BASED LOAN CREDIT AGREEMENT dated as of May 20, 2015 among EXPRESS HOLDING, LLC, a Delaware limited liability company (the “Parent”), EXPRESS, LLC, a Delaware limited liability company (the “Borrower”), the Subsidiary Guarantors (as hereinafter defined), the Lenders (as hereinafter defined), the Issuing Bank (as hereinafter defined), the Swing Line Bank (as hereinafter defined), WELLS FARGO BANK, NATIONAL ASSOCIATION, as collateral agent (together with any successor collateral agent appointed pursuant to Article VII, the “Collateral Agent”) for the Secured Parties (as hereinafter defined) and as administrative agent (together with any successor administrative agent appointed pursuant to Article VII, the “Administrative Agent” and, together with the Collateral Agent, the “Agents”) for the Lender Parties (as hereinafter defined), and U.S. Bank National Association, as syndication agent (the “Syndication Agent”).
SEPARATION AGREEMENTSeparation Agreement • September 11th, 2023 • Express, Inc. • Retail-apparel & accessory stores
THIS SEPARATION AGREEMENT (this “Agreement”), dated as of September 11, 2023, is entered into by and between Express, Inc., Express, LLC (together with Express, Inc., the “Company”), and Timothy Baxter (the “Executive”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Employment Agreement (as defined below).
In light of recent court decisions concerning the rights of corporate directors and officers (including directors designated by sponsor shareholder investors) to advancement of expenses and indemnification, Limited Brands, Inc. (“Limited Brands”) and...Letter Agreement • April 30th, 2010 • Express Parent LLC • Retail-apparel & accessory stores
This agreement clarifies certain rights of Limited Brands with respect to any persons designated by Limited Brands or any Limited Brands Affiliate to serve as a director, officer, board observer, partner, trustee, fiduciary, manager, employee, agent, consultant or advisor, or functional or foreign equivalent of the foregoing, of or to any of the Company or successors or direct or indirect parents or subsidiaries of the Company (individually, including the Company, an “Express Company,” and collectively, including the Company, the “Express Companies”) or of or to any partnership or joint venture of which any Express Company is a partner or member (collectively, the “Limited Brands Designees” and collectively referred to as the “Indemnitees,” and individually as an “Indemnitee”), whether such right exists pursuant to any Organizational Document or any other agreement or document.
AMENDED AND RESTATED SERVICES AGREEMENT dated as of April 8, 2010 between Express, LLC and Limited Brands, Inc.Services Agreement • April 14th, 2010 • Express Parent LLC • Retail-apparel & accessory stores • Ohio
This Amended and Restated Services Agreement (this “Agreement”) is entered into as of April 8, 2010 by and between Express, LLC, a Delaware limited liability company (the “Company”), and Limited Brands, Inc., a Delaware corporation (“Limited Brands”).
REGISTRATION RIGHTS AGREEMENT by and among Express, LLC Express Finance Corp. Express Parent LLC Express GC, LLC and Banc of America Securities LLC Goldman, Sachs & Co. Morgan Stanley & Co. Incorporated Dated as of March 5, 2010Registration Rights Agreement • March 25th, 2010 • Express Parent LLC • Retail-apparel & accessory stores • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of March 5, 2010, by and among Express, LLC, a Delaware limited liability company, and Express Finance Corp., a Delaware corporation, (collectively, the “Issuers”), Express Parent LLC, a Delaware limited liability company, and Express GC, LLC, an Ohio limited liability company, (collectively, the “Guarantors”), and Banc of America Securities LLC, Goldman, Sachs & Co., and Morgan Stanley & Co. Incorporated (collectively, the “Initial Purchasers”), each of whom has agreed to purchase pursuant to the Purchase Agreement (as defined below) the Issuers’ 8.750% Senior Notes due 2018 (the “Initial Notes”) fully and unconditionally guaranteed by the Guarantors (the “Guarantees”). The Initial Notes and the Guarantees attached thereto are herein collectively referred to as the “Initial Securities.”
Form of License AgreementForm of License Agreement • April 13th, 2023 • Express, Inc. • Retail-apparel & accessory stores • Delaware
This License Agreement (this “Agreement”) is made and entered into as of this [INSERT EFFECTIVE DATE] (the “Effective Date”) by and between Bonobos, Inc., a Delaware corporation with its principal place of business at 530 Fifth Avenue, 12th Floor, New York, NY 10036 (“Licensor”), and Express, Inc., a Delaware corporation with its principal place of business at 1 Express Drive, Columbus, OH 43230 (“Licensee”).
EXPRESS PARENT LLC LIMITED LIABILITY COMPANY AGREEMENT dated as of June 26, 2008 among LIMITED BRANDS STORE OPERATIONS, INC., EXP INVESTMENTS, INC., EXPRESS INVESTMENT CORP., and THE OTHER MEMBERS LISTED ON THE SIGNATURE PAGES HERETOLimited Liability Company Agreement • May 11th, 2010 • Express Parent LLC • Retail-apparel & accessory stores • Delaware
THIS LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of Express Parent LLC (the “Company”) is dated as of June 26, 2008 among Limited Brands Store Operations, Inc., a Delaware corporation (“LBSO”), EXP Investments, Inc., a Delaware corporation (“EXP” and together with LBSO, “Limited”), Express Investment Corp., a Delaware corporation (“Buyer”), solely for purposes of Section 5.01(a)(ii) and Section 5.01(b) hereof, each of Golden Gate Capital Investment Fund II, L.P., Golden Gate Capital Investment Fund II-A, L.P., and Golden Gate Capital Investment Annex Fund II, L.P., and each other Member listed on the signature pages hereto from time to time.
200,000,000 ASSET-BASED LOAN CREDIT AGREEMENT Dated as of July 6, 2007 Among EXPRESS HOLDING, LLC, as Parent EXPRESS, LLC, as Borrower and THE INITIAL LENDERS, INITIAL ISSUING BANK AND SWING LINE BANK NAMED HEREIN, as Initial Lenders, Initial Issuing...Loan Credit Agreement • February 16th, 2010 • Express Parent LLC • New York
ASSET-BASED LOAN CREDIT AGREEMENT dated as of July 6, 2007 among EXPRESS HOLDING, LLC, a Delaware limited liability company (the “Parent”), EXPRESS, LLC, a Delaware limited liability company (the “Borrower”), the Subsidiary Guarantors (as hereinafter defined), the Lenders (as hereinafter defined), the Issuing Bank (as hereinafter defined), the Swing Line Bank (as hereinafter defined), WELLS FARGO RETAIL FINANCE, LLC (“WFR”), as collateral agent (together with any successor collateral agent appointed pursuant to Article VII, the “Collateral Agent”) for the Secured Parties (as hereinafter defined), and MORGAN STANLEY SENIOR FUNDING, INC. (“MSSF”), as syndication agent, THE CIT GROUP/BUSINESS CREDIT, INC. and WACHOVIA CAPITAL FINANCE CORPORATION (CENTRAL), as co-documentation agents (the “Documentation Agents”), and WFR, as administrative agent (together with any successor administrative agent appointed pursuant to Article VII, the “Administrative Agent” and, together with the Collateral
AMENDMENT NO. 2 TO THE STOCKHOLDER PROTECTION RIGHTS AGREEMENTStockholder Protection Rights Agreement • March 30th, 2016 • Express, Inc. • Retail-apparel & accessory stores
Amendment No. 2, dated March 29, 2016 (this “Amendment”), to the Stockholder Protection Rights Agreement, dated June 12, 2014, and as amended on June 10, 2015 (the “Rights Agreement”), by and between Express, Inc. (the “Company”) and Computershare Trust Company, N.A., as rights agent (the “Rights Agent”).
