SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • September 14th, 2004 • New York & Company, Inc. • Retail-women's clothing stores • New York
THIS SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this "Agreement"), is made as of this 25th day of August, 2004 (the "Effective Date"), by and among New York & Company, Inc. (f/k/a NY & Co. Group, Inc.), a Delaware corporation ("Holdings"), Lerner New York, Inc., a Delaware corporation (the "Company"), and Ronald Ristau ("Executive", and, together with Holdings and the Company, the "Parties"). Certain capitalized terms used herein are defined in Section 16.
FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 14th, 2004 • New York & Company, Inc. • Retail-women's clothing stores • New York
THIS FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of May 19, 2004, is entered into by and among the lenders signatory hereto (the "Lenders"), CONGRESS FINANCIAL CORPORATION, a Delaware corporation, as agent for the Lenders (in such capacity, "Agent"), THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation, as documentation agent ("Documentation Agent"), and LERNER NEW YORK, INC., a Delaware corporation ("Lerner") and LERNCO, INC., a Delaware corporation ("Lernco" and together with Lerner, "Borrowers" and each a "Borrower").
NEW YORK & COMPANY, INC. STOCKHOLDERS AGREEMENTStockholders Agreement • September 14th, 2004 • New York & Company, Inc. • Retail-women's clothing stores • Delaware
This Stockholders Agreement (this "Agreement") is made as of August 25, 2004 to be effective as of the Effective Date (as defined herein) by and among (i) New York & Company, Inc. (f/k/a NY & Co. Group, Inc.), a Delaware corporation (the "Company"), (ii) BSMB/NYCG LLC, a Delaware limited liability company ("BSMB"), (iii) Richard P. Crystal ("Crystal"), (iv) Ronald Ristau ("Ristau") and, (v) the other stockholder parties hereto (BSMB, Crystal, Ristau, and the other stockholder parties hereto are collectively referred to as the "Stockholders" and individually as a "Stockholder"). Certain capitalized terms used herein are defined in Section 5.3 hereof.
