October 15, 2003 Mr. Gregory Mongno c/o Bernard Chaus, Inc. 530 Seventh Avenue New York, New York 10018 Dear Mr. Mongno, Reference is hereby made to the employment letter agreement (the "Agreement"), dated as of June 1, 2001 by and between you and...Chaus Bernard Inc • February 12th, 2004 • Women's, misses', and juniors outerwear
OFChaus Bernard Inc • February 14th, 1996 • Women's, misses', and juniors outerwear
DOMESTIC] LICENSE AGREEMENT This License Agreement made and entered into as of the date set forth in Item 1 of Schedule A hereto by and between the Licensor set forth in Item 2 of Schedule A hereto ("LICENSOR"), and the Licensee set forth in Item 2 of...License Agreement • November 16th, 1995 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
December 31, 2001 Bernard Chaus, Inc. 530 Seventh Avenue New York, New York 10018 Attention: Josephine Chaus, Chairwoman of the Board Bernard Chaus, Inc. 800 Secaucus Road Secaucus, New Jersey 07094 Attention: Bart Heminover, Vice President of Finance...Chaus Bernard Inc • February 14th, 2002 • Women's, misses', and juniors outerwear
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • February 14th, 2003 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT, dated the 14th day of December, 1995, by and between BERNARD CHAUS, INC., a New York corporation (the "Company"), and MICHAEL WINTER (the "Employee"). W I T N E S S E T H: WHEREAS, the Company desires to...Employment Agreement • February 14th, 1996 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
June 1, 2001 Mr. Gregory Mongno c/o Bernard Chaus, Inc. 530 Seventh Avenue New York, NY 10018 Dear Mr. Mongno: We are pleased to offer you continued employment with Bernard Chaus, Inc. (the "Company") effective June 1, 2001 (the "Effective Date"), on...Chaus Bernard Inc • September 27th, 2001 • Women's, misses', and juniors outerwear
ANDStock Purchase Agreement • September 20th, 2005 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
CONSULTING AGREEMENT -------------------- Consulting Agreement (this "Agreement"), dated this 31st day of December, 1996, by and between Bernard Chaus, Inc. (the "Company"), a New York corporation and Michael Winter (the "Consultant"). W I T N E S S E...Consulting Agreement • February 14th, 1997 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
October ___, 1997 BERNARD CHAUS, INC. For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by Bernard Chaus, Inc., a New York corporation, with its principal office at 1410 Broadway, New York, New York 10018...Chaus Bernard Inc • November 14th, 1997 • Women's, misses', and juniors outerwear • New York
AMENDMENT NO. 8Financing Agreement • September 28th, 2006 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
October 10, 1997 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 the date hereof (as same has been and...Chaus Bernard Inc • October 14th, 1997 • Women's, misses', and juniors outerwear
Reference is made to (a) the Second Restated and Amended Financing Agreement dated as of the date hereof (as 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") and (b) that certain $12,500,000 Promissory Note dated the date hereof (as 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. All capitalized terms used herein which are not defined shall have the meanings given to them in the Financing Agreement.
CONVERSION AGREEMENT This CONVERSION AGREEMENT is made and entered into as of this 29th day of January, 1998 by and between Bernard Chaus, Inc., a New York corporation (the "Company"), and Josephine Chaus, with an address at 128 East 73rd Street, New...Conversion Agreement • February 17th, 1998 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
Domestic] LICENSE AGREEMENT This License Agreement made and entered into as of the date set forth in Item 1 of Schedule A hereto by and between the Licensor set forth in Item 2 of Schedule A hereto ("LICENSOR"), and the Licensee set forth in Item 2 of...License Agreement • October 10th, 1995 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
AMENDMENT NO. 2Factoring Agreement • February 10th, 2005 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
October __, 1997 BERNARD CHAUS, INC. For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by Bernard Chaus, Inc., a New York corporation, with its principal office at 1410 Broadway, New York, New York 10018...Chaus Bernard Inc • November 14th, 1997 • Women's, misses', and juniors outerwear • New York
RWDSU. AFL-CIOCollective Bargaining Agreement • September 27th, 1999 • Chaus Bernard Inc • Women's, misses', and juniors outerwear
EXECUTION COPY EXECUTIVE EMPLOYMENT AGREEMENT THIS AGREEMENT is entered into as of October __, 1997, by and between BERNARD CHAUS, INC., a New York corporation (the"Company"), and LYNN BUECHNER (the "Executive") (hereinafter collectively referred to...Executive Employment Agreement • November 14th, 1997 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
December 31, 2001 Bernard Chaus, Inc. 530 Seventh Avenue New York, New York 10018 Attention: Josephine Chaus, Chairwoman of the Board Bernard Chaus, Inc. 800 Secaucus Road Secaucus, New Jersey 07094 Attention: Bart Heminover, Vice President of Finance...Chaus Bernard Inc • May 15th, 2002 • Women's, misses', and juniors outerwear
WITNESSETH:Third Lease Modification Agreement • September 27th, 2001 • Chaus Bernard Inc • Women's, misses', and juniors outerwear
FINANCING AGREEMENT THE CIT GROUP/COMMERCIAL SERVICES, INC. (AS AGENT AND LENDER)Financing Agreement • September 30th, 2002 • Chaus Bernard Inc • Women's, misses', and juniors outerwear
OFChaus Bernard Inc • February 14th, 1996 • Women's, misses', and juniors outerwear
January 15, 2004 Cynthia Steffe Acquisition, LLC c/o Bernard Chaus, Inc. 530 Seventh Avenue New York, New York 10018 FACTORING AGREEMENT Ladies and Gentlemen: We are pleased to confirm the terms and conditions that will govern our funds in use...Chaus Bernard Inc • February 12th, 2004 • Women's, misses', and juniors outerwear • New York
AMENDMENT NO. 7Amended Financing Agreement • May 9th, 1997 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
ContractIndemnification Agreement • October 12th, 2011 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
ContractAgreement • December 21st, 2010 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
Portions of this Exhibit were omitted and filed separately with the Secretary of the Commission pursuant to an application for confidential treatment filed with the Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934. Such omissions are designated as ***.
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
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.
MODIFICATION AGREEMENT (“Agreement”) made as of the 7th day of October, 2008, between G & S REALTY 1, LLC,, having its principal office at 530 Seventh Avenue, New York, New York 10018 (hereinafter called “Landlord”), and BERNARD CHAUS, INC., having an...Modification Agreement • October 31st, 2008 • Chaus Bernard Inc • Women's, misses', and juniors outerwear
WHEREAS, Landlord’s predecessor-in-interest, Adler Realty Company 530, and Tenant heretofore entered into a certain written lease dated as of June 1, 1999 (the “Lease”) covering the premises as described therein at 530 Seventh Avenue (the “Building”) in the Borough of Manhattan, City and State of New York; and
BERNARD CHAUS, INC. 530 Seventh Avenue 18th Floor New York, NY 10018 October 18, 2004 Mr. Nicholas DiPaolo 530 Seventh Avenue 18th Floor New York, NY 10018 Dear Nick: As we have discussed, to assist with your need for additional support as the Company...Chaus Bernard Inc • February 10th, 2005 • Women's, misses', and juniors outerwear
As we have discussed, to assist with your need for additional support as the Company has grown through acquisitions, the Company intends to hire a chief operating officer. You will continue to serve as Vice Chairman of the Board. Please indicate, by your signature below, your consent to this modification of your employment agreement with Bernard Chaus, Inc., dated January 20, 2001, as amended effective as of December 1, 2003.
June 1, 2001 Bernard Chaus, Inc. 530 Seventh Avenue New York, New York 10018 Attention: Josephine Chaus, Chairwoman of the Board Bernard Chaus, Inc. 800 Secaucus Road Secaucus, New Jersey 07094 Attention: Bart Heminover, Vice President of Finance...Chaus Bernard Inc • September 27th, 2001 • Women's, misses', and juniors outerwear
BERNARD CHAUS, INC. 1410 Broadway New York, New York 10018Employment Agreement • September 15th, 1998 • Chaus Bernard Inc • Women's, misses', and juniors outerwear
July 10, 2002 Bernard Chaus, Inc. 530 Seventh Avenue New York, New York 10018 Attn: Josephine Chaus, Chairwoman of the Board Bernard Chaus, Inc. 800 Secaucus Road Secaucus, New Jersey 07094 Attn: Bart Heminover, Chief Financial Officer...Chaus Bernard Inc • September 30th, 2002 • Women's, misses', and juniors outerwear
EMPLOYMENT AGREEMENTEmployment Agreement • November 19th, 2007 • Chaus Bernard Inc • Women's, misses', and juniors outerwear • New York
This Employment Agreement (this “Agreement”), dated as of November 13, 2007, and effective as of December 3, 2007 (the “Effective Date”), is made by and between Bernard Chaus, Inc., a New York corporation (the “Company”), and David Stiffman (the “Executive”).
July 23, 1997 BNY Financial Corporation 1290 Avenue of the Americas New York, New York Attention: Andrew Rogow Gentlemen: Reference is made to (a) the Restated and Amended Financing Agreement dated as of February 21, 1995 (as same has been and may be...Chaus Bernard Inc • October 14th, 1997 • Women's, misses', and juniors outerwear
Reference is made to (a) the Restated and Amended Financing Agreement dated as of February 21, 1995 (as 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") and (b) the Guaranty dated February 21, 1995 (as same has been and may be further amended, modified, supplemented and restated from time to time, the "Guaranty") executed by the undersigned in favor of Lender pursuant to which the undersigned guaranteed to Lender the payment of Borrower's Obligations to Lender. All capitalized terms used herein which are not defined shall have the meanings given to them in the Financing Agreement.
