November 20, 2008Letter Agreement • November 25th, 2008 • Gottschalks Inc • Retail-department stores • Delaware
Reference is made to that certain Investment Agreement, dated as of the date hereof (the "Investment Agreement"), by and between Gottschalks Inc., a Delaware corporation (the "Company"), and Everbright Development Overseas Securities Ltd. d/b/a Everbright Development Overseas, Ltd., a British Virgin Islands corporation (the "Investor"), pursuant to which, among other matters, the Investor has agreed to purchase from the Company, and the Company has agreed to issue to the Investor, shares of the Company's common stock and certain other equity securities of the Company. This letter (the "Letter Agreement") reflects certain additional agreements between the Company and the Investor with respect to the Investment Agreement and the transactions contemplated thereby. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Investment Agreement.
CONSENT AND FIRST AMENDMENT TO NON-NEGOTIABLE, SUBORDINATED NOTE DUE MAY 30, 2010 ____________________________Consent And • November 25th, 2008 • Gottschalks Inc • Retail-department stores • California
This First Amendment to the Non-Negotiable, Subordinated Note Due May 30, 2010, dated as of November 20, 2008 (this "Amendment"), is entered into by and between Gottschalks Inc., a Delaware corporation ("Debtor"), and The Harris Company, a California corporation ("Creditor").
INVESTMENT AGREEMENT between GOTTSCHALKS INC., and EVERBRIGHT DEVELOPMENT OVERSEAS SECURITIES LTD. November 20, 2008Investment Agreement • November 25th, 2008 • Gottschalks Inc • Retail-department stores • Delaware
THIS INVESTMENT AGREEMENT, dated as of November 20, 2008 (this "Agreement"), is entered into by and between Gottschalks Inc., a Delaware corporation (the "Company"), and Everbright Development Overseas Securities Ltd. d/b/a Everbright Development Overseas, Ltd., a British Virgin Islands corporation (together with any of its permitted assignees pursuant to this Agreement, "Everbright" or the "Investor").
