AMENDMENT NO. 5Finlay Fine Jewelry Corp • September 13th, 2007 • Retail-jewelry stores • New York
AMENDMENT NO. 5, dated as of June 20, 2007 (this “Amendment”), to the Third Amended and Restated Credit Agreement, dated as of May 19, 2005 (as amended by the Amendment, dated as of April 7, 2006, the Amendment dated as of April 24, 2006, the Amendment No. 3 dated as of November 30, 2006, the Amendment No. 4 dated as of December 27, 2006, the “Credit Agreement”), among FINLAY FINE JEWELRY CORPORATION, a Delaware corporation (“Finlay” or the “Borrower Representative”) and CARLYLE & CO. JEWELERS, a Delaware corporation (“Carlyle”) (Finlay and Carlyle are collectively referred to herein as the “Borrowers” and individually as a “Borrower”), FINLAY ENTERPRISES, INC., a Delaware corporation (the “Parent”), and GENERAL ELECTRIC CAPITAL CORPORATION (“GE Capital”), individually and as administrative agent for each of the Lenders thereunder (GE Capital, in such capacity, the “Agent”), and the other banks and other financial institutions party thereto. Capitalized terms used herein without defini
