Exhibit 4.1 ----------- LOAN AND SECURITY AGREEMENT by and between SWANK, INC. as Borrower,Loan and Security Agreement • July 7th, 2004 • Swank, Inc. • Leather & leather products • Massachusetts
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 24th, 2006 • Swank, Inc. • Leather & leather products • Massachusetts
Swank, Inc. 90 Park Avenue New York, New York 10016 December 10, 1998Swank Inc • March 29th, 1999 • Leather & leather products
Reference is made to the Agreement dated as of March 1, 1989 between Swank, Inc. (the "Corporation") and you, as amended to date (as so amended, the "Existing Employment Agreement"), concerning your employment by the Corporation. This letter will serve to confirm our agreement to amend the Existing Employment Agreement as of the date hereof as follows:
AGREEMENTAgreement • March 31st, 2006 • Swank, Inc. • Leather & leather products • New York
Exhibit 4.2 ----------- TRADEMARK COLLATERAL -------------------- SECURITY AND PLEDGE AGREEMENT ----------------------------- TRADEMARK COLLATERAL SECURITY AND PLEDGE AGREEMENT dated as of June 30, 2004, between SWANK, INC., a Delaware corporation...Security and Pledge Agreement • July 7th, 2004 • Swank, Inc. • Leather & leather products • Massachusetts
EXHIBIT 4.01.6 -------------- FIFTH AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT THIS FIFTH AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT (this "Amendment") is made as of April 27, 2001, among SWANK, INC., a corporation organized under...And Security Agreement • June 12th, 2001 • Swank Inc • Leather & leather products • New York
SIXTH AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT ---------------------- THIS SIXTH AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT (this "Amendment") is made as of June 8, 2001, among SWANK, INC., a corporation organized under the laws...Revolving Credit and Security Agreement • June 12th, 2001 • Swank Inc • Leather & leather products • New York
EXHIBIT 10.03.4Swank Inc • March 29th, 1999 • Leather & leather products
EXHIBIT 4 SWANK, INC. 1994 NON-EMPLOYEE DIRECTOR STOCK OPTION PLAN NON- QUALIFIED STOCK OPTION CONTRACT THIS NON-QUALIFIED STOCK OPTION CONTRACT entered into as of the 23rd day of April 1998, between Swank, Inc., a Delaware corporation (the...Non-Qualified Stock Option Contract • December 14th, 2001 • Swank Inc • Leather & leather products • Delaware
EXHIBIT 10.16 SWANK, INC. 1987 INCENTIVE STOCK OPTION PLAN INCENTIVE STOCK OPTION CONTRACT ------------------------------- THIS INCENTIVE STOCK OPTION CONTRACT entered into as of October 1, 1996 between SWANK, INC., a Delaware corporation (the...Incentive Stock Option Contract • March 28th, 1997 • Swank Inc • Leather & leather products
EXHIBIT 10.02.4Swank Inc • March 29th, 1999 • Leather & leather products
Reference is hereby made to the Agreement dated as of January 1, 1990 between Swank, Inc. (the "Corporation") and you concerning your employment by the Corporation, as amended by letter agreements dated as of January 1, 1992, September 1,1993 and January 1, 1997 between the Corporation and you (as amended, the "Existing Employment Agreement"). This letter will serve to confirm our agreement to amend the Existing Employment Agreement as of the date hereof as follows:
Exhibit 4.3 ----------- PATENT COLLATERAL ASSIGNMENT AND SECURITY AGREEMENT PATENT COLLATERAL SECURITY AND PLEDGE AGREEMENT dated as of June 30, 2004, between SWANK, INC., a Delaware corporation having its principal place of business at 90 Park...Patent Collateral Assignment and Security Agreement • July 7th, 2004 • Swank, Inc. • Leather & leather products • Massachusetts
SWANK, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY LLC Rights Agent RIGHTS AGREEMENT Dated as of November 11, 2009Rights Agreement • November 12th, 2009 • Swank, Inc. • Leather & leather products • Delaware
RIGHTS AGREEMENT, dated as of November 11, 2009 (the “Agreement”), between Swank, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company LLC (the “Rights Agent”).
EXHIBIT 10.05 TERMINATION AGREEMENT TERMINATION AGREEMENT effective as of January 1, 1999 between SWANK, INC., a Delaware corporation having its principal office at 90 Park Avenue, New York, New York (the "Company"), and _________________________,...Termination Agreement • March 29th, 1999 • Swank Inc • Leather & leather products • New York
Swank, Inc. 90 Park Avenue New York, New York 10016Swank Inc • November 12th, 1999 • Leather & leather products
Reference is made to the Agreement dated as of March 1, 1989 between Swank, Inc. (the "Corporation") and you, as amended to date (as so amended, the "Existing Employment Agreement"), concerning your employment by the Corporation. This letter will serve to confirm our agreement to amend the Existing Employment Agreement as of the date hereof as follows:
SWANK, INC. 1994 NON-EMPLOYEE DIRECTOR STOCK OPTION PLAN NON-QUALIFIED STOCK OPTION CONTRACTEmployee Director Stock Option Plan Non-Qualified Stock Option Contract • November 15th, 2004 • Swank, Inc. • Leather & leather products • Delaware
THIS NON-QUALIFIED STOCK OPTION CONTRACT entered into as of the 10th day of August 2004, between Swank, Inc., a Delaware corporation (the "Company"), and John J. Macht (the "Optionee").
PLEDGE AGREEMENT PLEDGE AGREEMENT dated as of July 27, 1998, made by SWANK, INC., a Delaware corporation (the "Borrower"), in favor of PNC BANK, NATIONAL ASSOCIATION, a national banking association, as Agent (in such capacity, the "Agent") for the...Pledge Agreement • August 7th, 1998 • Swank Inc • Leather & leather products • New York
INCENTIVE STOCK OPTION CONTRACTIncentive Stock Option Contract • March 5th, 2008 • Swank, Inc. • Leather & leather products • Delaware
INCENTIVE STOCK OPTION CONTRACT dated as of February 28, 2008 by and between SWANK, INC., a Delaware corporation (the "Company"), and James Tulin (the "Optionee"). Capitalized terms used but not defined herein shall have the meanings assigned to them in the Company's 1998 Equity Incentive Compensation Plan (the "Plan").
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • January 14th, 2008 • Swank, Inc. • Leather & leather products • New York
AMENDED AND RESTATED EMPLOYMENT AGREEMENT (“Agreement”) dated as of January 10, 2008 (the “Commencement Date”) between SWANK, INC., a Delaware corporation, with an address at 90 Park Avenue, New York, New York 10016 (the “Corporation”), and JAMES E. TULIN, residing at 11843 East Desert Trail Road, Scottsdale, Arizona 85259 (“Employee”).
EXHIBIT 10.17 EMPLOYMENT AGREEMENT -------------------- AGREEMENT dated as of October 1, 1996 between SWANK, INC., a Delaware corporation with an address at 90 Park Avenue, New York, New York 10016 (the "Corporation"), and CHRISTOPHER F. WOLF,...Employment Agreement • March 28th, 1997 • Swank Inc • Leather & leather products • New York
LOAN AND SECURITY AGREEMENT by and between SWANK, INC. as Borrower, and WELLS FARGO FOOTHILL, INC. as Lender Dated as of June 30, 2004Loan and Security Agreement • March 31st, 2011 • Swank, Inc. • Leather & leather products • Massachusetts
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into as of June 30, 2004, by and between WELLS FARGO FOOTHILL, INC., a California corporation (“Lender”) and SWANK, INC., a Delaware corporation (“Borrower”).
SWANK, INC. 1994 NON-EMPLOYEE DIRECTOR STOCK OPTION PLAN NON-QUALIFIED STOCK OPTION CONTRACTDirector Stock Option Plan Non-Qualified Stock Option Contract • September 9th, 2004 • Swank, Inc. • Leather & leather products • Delaware
THIS NON-QUALIFIED STOCK OPTION CONTRACT entered into as of the 10th day of August 2004, between Swank, Inc., a Delaware corporation (the "Company"), and Raymond Vise (the "Optionee").
EXIBIT 10.11.7 SWANK, INC. 1994 NON-EMPLOYEE DIRECTOR STOCK OPTION PLAN NON- QUALIFIED STOCK OPTION CONTRACT THIS NON-QUALIFIED STOCK OPTION CONTRACT entered into as of the 23rd day of April 1998, between Swank, Inc., a Delaware corporation (the...Exibit • March 29th, 1999 • Swank Inc • Leather & leather products • Delaware
SWANK, INC. AMENDMENT AND RELEASE AGREEMENTAmendment and Release Agreement • February 3rd, 2012 • Swank, Inc. • Leather & leather products • New York
THIS AMENDMENT AND RELEASE AGREEMENT (the “Release”) is made and entered into as of this the 3rd day of February, 2012 by and between Swank, Inc., a Delaware corporation (the “Company”), and James E. Tulin (the “Employee”).
EXHIBIT 21998 Equity Incentive Compensation Plan Incentive Stock Option Contract • December 14th, 2001 • Swank Inc • Leather & leather products • Delaware
EXHIBIT 10.03.6Swank Inc • May 8th, 2002 • Leather & leather products
Reference is made to the Agreement dated as of March 1, 1989 between Swank, Inc. (the "Corporation") and you, as amended to date (as so amended, the "Existing Employment Agreement"), concerning your employment by the Corporation. This letter will serve to confirm our agreement that the term of the Existing Employment Agreement is hereby extended for an additional period commencing on January 1, 2002 and ending on December 31, 2004.
SWANK, INC. 90 PARK AVENUE NEW YORK, NEW YORK 10017Swank, Inc. • March 8th, 2006 • Leather & leather products
This will confirm our agreement that, notwithstanding the provisions of the Agreement, (a) the last day of the present Employment Term shall be September 30, 2006, and the notice that may be given by either you or Swank under Section 1 of the Agreement that the present Employment Term shall not be extended may be given by either Swank or you on or prior to August 15, 2006, (b) in the event that neither you nor Swank notify the other that the Employment Term shall not be extended, the Employment Term shall be extended until June 30, 2007, and thereafter, further extensions and notices that the Employment Term shall not be extended, as the case may be, shall be in accordance with the terms of the Agreement, and (c) in the event you shall provide notice on or prior to August 15, 2006 that the present Employment Term shall not be so extended, (i) Swank shall pay to you, provided you shall not at any time be in violation of paragraph 6 of the Agreement, a severance payment, payable in insta
BACKGROUNDLoan Documents • November 12th, 1999 • Swank Inc • Leather & leather products
SWANK, INC. 90 PARK AVENUE NEW YORK, NEW YORK 10016Swank Inc • November 14th, 2001 • Leather & leather products
Reference is hereby made to the Agreement dated as of June 20, 1991 between Swank, Inc. (the "Corporation") and you concerning your employment by the Corporation as amended by letter agreements dated as of January I, 1992, September 1, 1993, October 30, 1995 and May 4, 1998 (the "May 1998 Letter") between the Corporation and you (as so amended the "Existing Employment Agreement"). This letter will serve to confirm our understanding and agreement with regard to the Existing Employment Agreement as follows:
EXHIBIT 10.08 TERMINATION AGREEMENT --------------------- TERMINATION AGREEMENT effective as of October 1, 1996 between SWANK, INC., a Delaware corporation having its principal office at 90 Park Avenue, New York, New York (the "Company"), and...Termination Agreement • March 28th, 1997 • Swank Inc • Leather & leather products • New York
EMPLOYMENT AGREEMENTEmployment Agreement • March 27th, 2007 • Swank, Inc. • Leather & leather products • New York
AGREEMENT dated as of January 1, 2007 between SWANK, INC., a Delaware corporation, with an address at 90 Park Avenue, New York, New York 10016 (the “Corporation”), and JOHN TULIN, residing at 1196 Elinor Road, Hewlett, New York 11557 (“Employee”).
SEVENTH AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT THIS SEVENTH AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT (this "Amendment") is made as of July 16, 2001, among SWANK, INC., a corporation organized under the laws of the State of...Revolving Credit and Security Agreement • August 17th, 2001 • Swank Inc • Leather & leather products • New York
SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 6th, 2007 • Swank, Inc. • Leather & leather products • Massachusetts
Sixth Amendment dated as of July 2, 2007 to Loan and Security Agreement (the “Sixth Amendment”), by and between SWANK, INC., a Delaware corporation (the “Borrower”) and WELLS FARGO FOOTHILL, INC. (the “Lender”), amending certain provisions of the Loan and Security Agreement dated as of June 30, 2004 (as amended and in effect from time to time, the “Agreement”) by and between the Borrower and the Lender. Terms not otherwise defined herein which are defined in the Agreement shall have the same respective meanings herein as therein.
REVOLVING CREDIT ANDRevolving Credit And • August 7th, 1998 • Swank Inc • Leather & leather products • New York
VOTING AND SUPPORT AGREEMENTVoting and Support Agreement • February 3rd, 2012 • Swank, Inc. • Leather & leather products • Delaware
This VOTING AND SUPPORT AGREEMENT (this “Agreement”) is entered into as of February 3, 2012, by and among Randa Accessories Leather Goods LLC, a Delaware limited liability company (“Parent”), Swing Acquisition LLC (“Intermediate Sub”), a Delaware limited liability company and wholly owned subsidiary of Parent, Swing Merger Sub, Inc., a Delaware corporation and wholly owned subsidiary of Intermediate Sub (“Merger Sub”) and [ ] (“Stockholder”). Parent, Intermediate Sub, Merger Sub and Stockholder are each sometimes referred to herein as a “Party” and collectively as the “Parties”.
