0000950129-07-000426 Sample Contracts

AGREEMENT AND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (January 31, 2007)
Agreement And • February 7th, 2007 • Mens Wearhouse Inc • Retail-apparel & accessory stores • New York

THIS AGREEMENT AND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”), dated as of January 31, 2007 (the “Effective Date”), is made and entered into by and among THE MEN’S WEARHOUSE, INC., a corporation organized under the laws of the State of Texas (the “Revolving Borrower”); MOORES THE SUIT PEOPLE INC., a corporation organized under the laws of the Province of New Brunswick, Canada (“MSP”); GOLDEN BRAND CLOTHING (CANADA) LTD., a corporation organized under the laws of the Province of New Brunswick, Canada (together with MSP, collectively, the “Term Borrowers” and individually, a “Term Borrower”); the financial institutions whose names appear on the signature pages hereto (collectively, the “Lenders” and individually, a “Lender”); JPMORGAN CHASE BANK, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”); and JPMORGAN CHASE BANK, N.A., TORONTO BRANCH, as Canadian Agent (in such capacity, the “Canadian Agent”). The Revolving Borrower, the Term

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