Perry Ellis International Inc Sample Contracts

Perry Ellis International, Inc – SIXTH AMENDED AND RESTATED ARTICLES OF INCORPORATION OF PERRY ELLIS INTERNATIONAL, INC (October 24th, 2018)

Pursuant to the provisions of Section 607.1007 of the Florida Business Corporation Act (“FBCA”), the undersigned President and Chief Executive Officer of Perry Ellis International, Inc., a Florida corporation (the “Corporation”), does hereby execute, certify and submit for filing with the Florida Department of State these Sixth Amended and Restated Articles of Incorporation as follows:

Perry Ellis International, Inc – THIRD AMENDED AND RESTATED BYLAWS OF Perry Ellis International, Inc. a Florida Corporation THIRD AMENDED AND RESTATED BYLAWS OF Perry Ellis International, Inc. a Florida Corporation (October 24th, 2018)
Perry Ellis International, Inc – EXPIRATION AMENDMENT (“Amendment”) (September 7th, 2018)

THIS EXPIRATION AMENDMENT (this “Amendment”) is made and entered into as of the      day of May, 2018, by and between Perry Ellis International, Inc., a Florida corporation (together with its successors and assigns permitted under this Agreement, the “Company”), and Stanley Silverstein (the “Executive”).

Perry Ellis International, Inc – VOTING AGREEMENT (June 20th, 2018)

This VOTING AGREEMENT (this “Agreement”), is dated as of June June 15, 2018, by and among FELDENKREIS HOLDINGS LLC, a Delaware limited liability company (“Parent”), PERRY ELLIS INTERNATIONAL, INC., a Florida corporation (the “Company”), and the individuals and entities listed on Annex A (collectively, “Shareholder”).

Perry Ellis International, Inc – PLEDGE AND SECURITY AGREEMENT (June 20th, 2018)

This PLEDGE AND SECURITY AGREEMENT (this “Agreement”) is effective as of June 15, 2018 and is by and between Perry Ellis International, Inc., a Florida corporation (the “Company”) and George Feldenkreis, individually (the “Pledgor”).

Perry Ellis International, Inc – LIMITED GUARANTEE (June 20th, 2018)

THIS LIMITED GUARANTEE (“Guarantee”) made as of June 15, 2018, by George Feldenkreis, individually (“Guarantor”), in favor of Perry Ellis International, Inc., a Florida corporation (the “Company”).

Perry Ellis International, Inc – AGREEMENT AND PLAN OF MERGER by and among FELDENKREIS HOLDINGS LLC, GF MERGER SUB, INC. and PERRY ELLIS INTERNATIONAL, INC. _________________________ Dated as of June 15, 2018 (June 20th, 2018)

AGREEMENT AND PLAN OF MERGER, dated as of June 15, 2018 (this “Agreement”), by and among Feldenkreis Holdings LLC, a Delaware limited liability company (“Parent”), GF Merger Sub, Inc., a Florida corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and Perry Ellis International, Inc., a Florida corporation (the “Company”).

Perry Ellis International, Inc – PERRY ELLIS INTERNATIONAL, INC. CHANGE IN CONTROL SEVERANCE PLAN AND SUMMARY PLAN DESCRIPTION (June 13th, 2018)
Perry Ellis International, Inc – AMENDMENT TO SECOND AMENDED AND RESTATED BYLAWS OF PERRY ELLIS INTERNATIONAL, INC. (A FLORIDA CORPORATION) (April 27th, 2018)
Perry Ellis International, Inc – PERRY ELLIS INTERNATIONAL INTENDS TO REDEEM $50 MILLION OF ITS 7.875% SENIOR SUBORDINATED NOTES DUE 2019 (April 27th, 2018)

MIAMI - April 27, 2018 – On April 18, 2018, Perry Ellis International, Inc. (the “Company) (Nasdaq: PERY) notified U.S. Bank National Association, as Trustee, of its intent to redeem the remaining $50 million of its outstanding 7.875% Senior Subordinated Notes due in 2019 (the "Notes"), and, accordingly, a notice of redemption will be sent by U.S. Bank National Association to the registered holders of the Notes. The total redemption price for the Notes is expected to be approximately $50.6 million, which amount includes 100.00% of the principal amount of the Notes as well as accrued and unpaid interest to, but not including, the redemption date, which will be on May 29, 2018. Upon the redemption by the Company of the Notes, none of the Notes will remain outstanding. The Company expects to pay the redemption price for the Notes with repatriated funds and from its senior credit facility.

Perry Ellis International, Inc – AMENDMENT TO SECOND AMENDED AND RESTATED BYLAWS OF PERRY ELLIS INTERNATIONAL, INC. (A FLORIDA CORPORATION) (April 9th, 2018)
Perry Ellis International, Inc – AMENDMENT TO SECOND AMENDED AND RESTATED BYLAWS OF PERRY ELLIS INTERNATIONAL, INC. (A FLORIDA CORPORATION) (March 15th, 2018)
Perry Ellis International, Inc – PERRY ELLIS INTERNATIONAL, INC. RESTRICTED STOCK UNIT AGREEMENT (April 10th, 2017)
Perry Ellis International, Inc – FIFTH AMENDED AND RESTATED ARTICLES OF INCORPORATION OF PERRY ELLIS INTERNATIONAL, INC. a Florida corporation (July 5th, 2016)

Perry Ellis International, Inc., a corporation organized and existing under the laws of the State of Florida (the “Corporation”), hereby certifies as follows:

Perry Ellis International, Inc – Page ARTICLE One. OFFICES 1 Section 1. Registered Office 1 Section 2. Other Offices 1 ARTICLE Two. MEETINGS OF SHAREHOLDERS 1 Section 1. Place 1 Section 2. Time of Annual Meeting 1 Section 3. Call of Special Meetings 1 Section 4. Conduct of Meetings 1 Section 5. Notice and Waiver of Notice 2 Section 6. Business of Special Meeting 3 Section 7. Quorum 3 Section 8. Voting Per Share 3 Section 9. Voting of Shares 3 Section 10. Proxies 4 Section 11. Shareholder List 4 Section 12. Fixing Record Date 5 Section 13. Inspectors and Judges 5 Section 14. Advance Notice of Shareholder Business and Nominatio (July 5th, 2016)
Perry Ellis International, Inc – Contract (June 17th, 2016)

Perry Ellis International Reports Fourth Quarter and Full Fiscal 2016 Results and Reiterates Full Year Guidance for Fiscal 2017

Perry Ellis International, Inc – EMPLOYMENT AGREEMENT (June 7th, 2016)

THIS AGREEMENT (this “Agreement”) is made and entered into as of the 20th day of April, 2016, by and between Perry Ellis International, Inc., a Florida corporation (together with its successors and assigns permitted under this Agreement, the “Company”), and Oscar Feldenkreis (the “Executive”).

Perry Ellis International, Inc – EMPLOYMENT AGREEMENT (June 7th, 2016)

THIS AGREEMENT (this “Agreement”) is made and entered into as of the 20th day of April, 2016, by and between Perry Ellis International, Inc., a Florida corporation (together with its successors and assigns permitted under this Agreement, the “Company”), and George Feldenkreis (the “Executive”).

Perry Ellis International, Inc – Perry Ellis International, Inc. (NASDAQ:PERY) announced today, preliminary fourth quarter and fiscal year 2016 results and expectations for its 2017 fiscal year ending January 28, 2017. The Company expects to report actual fourth quarter and fiscal year 2016 results the week of April 4, 2016. Oscar Feldenkreis, Vice Chairman, President and Chief Operating Officer, Perry Ellis International commented, “We ended the year with solid momentum in our major brands across all channels as evidenced by our strong gross margin rate, which rose 170 basis points over the prior year. While our fourth quart (March 8th, 2016)

•   Fiscal 2016 total revenue to approximate $900 million as compared to $890 million in prior year and adjusted diluted EPS expected to total $1.81.

Perry Ellis International, Inc – PERRY ELLIS INTERNATIONAL (September 11th, 2015)
Perry Ellis International, Inc – PERRY ELLIS INTERNATIONAL, INC. NON-QUALIFIED STOCK OPTION AGREEMENT (September 10th, 2015)
Perry Ellis International, Inc – PERRY ELLIS INTERNATIONAL, INC. PERFORMANCE-BASED RESTRICTED STOCK AGREEMENT (September 10th, 2015)
Perry Ellis International, Inc – PERRY ELLIS INTERNATIONAL, INC. RESTRICTED STOCK AGREEMENT (September 10th, 2015)
Perry Ellis International, Inc – PERRY ELLIS INTERNATIONAL, INC. PERFORMANCE UNIT AGREEMENT (September 10th, 2015)
Perry Ellis International, Inc – PERRY ELLIS INTERNATIONAL, INC. STOCK-SETTLED STOCK APPRECIATION RIGHT AGREEMENT (September 10th, 2015)
Perry Ellis International, Inc – PERRY ELLIS INTERNATIONAL COMPLETES THE REDEMPTION OF $100 MILLION OF ITS 7.875% SENIOR SUBORDINATED NOTES AND INCREASES ITS ADJUSTED EARNINGS PER SHARE GUIDANCE (May 6th, 2015)

MIAMI— May 6, 2015— Perry Ellis International, Inc. (Nasdaq: PERY) today announced that it has completed the redemption of $100 million of its 7.875% senior subordinated notes. As a result of this transaction, and assuming no material change in prevailing interest rates, the Company expects to lower interest expense by approximately $4.5 million in fiscal 2016. As such, the Company now expects fiscal 2016 adjusted earnings per share in a range of $1.45 to $1.55, which increased from $1.25 to $1.35, to reflect the benefits from this transaction.

Perry Ellis International, Inc – AMENDMENT NO. 2 TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (April 27th, 2015)

AMENDMENT NO. 2 TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT, dated as of April 22, 2015 (this “Amendment No. 2”), entered into by and among Wells Fargo Bank, National Association, successor by merger to Wachovia Bank, National Association, in its capacity as agent acting for and on behalf of the parties to the Loan Agreement (as hereinafter defined) as lenders (in such capacity, “Agent”), the parties to the Loan Agreement as lenders (individually a “Lender” and collectively, “Lenders”), Perry Ellis Menswear, LLC, a Delaware limited liability company formerly known as Perry Ellis Menswear, Inc. and successor by merger to Salant Holding, LLC (“Perry Ellis Menswear”), Supreme International, LLC, a Delaware limited liability company formerly known as Supreme International, Inc. and successor by merger to Jantzen, LLC (“Supreme”; and together with Perry Ellis Menswear and any other Person that at any time after the date hereof becomes a Borrower in accordance with the terms of the L

Perry Ellis International, Inc – Perry Ellis International Reports Fourth Quarter and Full Fiscal 2015 Results and Reiterates Full Year Guidance for Fiscal 2016 (April 2nd, 2015)

Perry Ellis International, Inc. (NASDAQ:PERY) today reported results for the fourth quarter (“fourth quarter of fiscal 2015”) and the fiscal year ended January 31, 2015 (“fiscal 2015”).

Perry Ellis International, Inc – Perry Ellis International, Inc. (NASDAQ:PERY) announced today, that based on its preliminary results for the fourth quarter and full year, the Company is providing preliminary fourth quarter results and expected results for the 2015 fiscal year ended January 31, 2015. The announcement of the Company’s preliminary results was necessitated by the disruption at the West Coast ports, which caused shipments, originally intended for the fourth quarter to be received too late or post year end, thereby impacting sales. The Company expects to report fourth quarter and fiscal year 2015 results the week (February 18th, 2015)

•   Fiscal fourth quarter revenues expected to approximate $218 million as compared to $216 million in prior year and adjusted diluted EPS expected in a range of $0.01 to $0.04

Perry Ellis International, Inc – PERRY ELLIS INTERNATIONAL ISSUES OPEN LETTER TO SHAREHOLDERS RE: GOVERNANCE CHANGES (February 10th, 2015)

MIAMI – February 10, 2015 – Perry Ellis International, Inc. (NASDAQ:PERY) (“Perry Ellis”) today issued the following open letter to shareholders. The full text of the letter from George Feldenkreis, Chairman of the Board and Chief Executive Officer, and Joseph P. Lacher, Lead Independent Director, is below:

Perry Ellis International, Inc – FOURTH RESTATED ARTICLES OF INCORPORATION OF PERRY ELLIS INTERNATIONAL, INC. a Florida corporation (February 6th, 2015)

Perry Ellis International, Inc., a corporation organized and existing under the laws of the State of Florida (the “Corporation”), hereby certifies as follows:

Perry Ellis International, Inc – Page ARTICLE ONE OFFICES 1 Section 1. Registered Office 1 Section 2. Other Offices 1 ARTICLE TWO MEETINGS OF SHAREHOLDERS 1 Section 1. Place 1 Section 2. Time of Annual Meeting 1 Section 3. Call of Special Meetings 1 Section 4. Conduct of Meetings 2 Section 5. Notice and Waiver of Notice 2 Section 6. Business of Special Meeting 3 Section 7. Quorum 3 Section 8. Voting Per Share 3 Section 9. Voting of Shares 3 Section 10. Proxies 4 Section 11. Shareholder List 4 Section 12. Fixing Record Date 5 Section 13. Inspectors and Judges 5 Section 14. Advance Notice of Shareholder Business and Nominations (December 8th, 2014)
Perry Ellis International, Inc – PERRY ELLIS INTERNATIONAL, INC. INDEMNIFICATION AGREEMENT (December 8th, 2014)

THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is dated as of             , 20    by and between Perry Ellis International, Inc., a corporation organized under the laws of the State of Florida (the “Corporation”), and [INSERT NAME OF DIRECTOR OR OFFICER] (the “Indemnitee”).

Perry Ellis International, Inc – THIRD RESTATED ARTICLES OF INCORPORATION OF PERRY ELLIS INTERNATIONAL, INC. a Florida corporation (December 8th, 2014)

Perry Ellis International, Inc., a corporation organized and existing under the laws of the State of Florida (the “Corporation”), hereby certifies as follows:

Perry Ellis International Inc – Perry Ellis International Reports Fourth Quarter Preliminary Fiscal 2014 Earnings (February 25th, 2014)

Perry Ellis International, Inc. (NASDAQ:PERY) announced today, that based on its preliminary results for the fourth quarter and full year, the Company is providing fourth quarter guidance and updating its expectations for the 2014 fiscal year ended February 1, 2014. The Company expects to report actual fourth quarter and fiscal year 2014 results the week of April 7, 2014.