0001193125-10-194060 Sample Contracts

Banc of America Leasing & Capital, LLC Equipment Security Note Number 17608-70002
Casual Male Retail Group Inc • August 20th, 2010 • Retail-family clothing stores

This Equipment Security Note No. 17608-70002, dated as of January 16, 2008 (this “Equipment Note”), is entered into pursuant to and incorporates by this reference all of the terms and provisions of that certain Master Loan and Security Agreement No. 17608-70000 dated as of July 20, 2007 (the “Master Agreement”), by and between Banc of America Leasing & Capital, LLC (“Lender”) and Casual Male Retail Group, Inc. (“Borrower”). All capitalized terms used herein and not defined herein shall have the respective meanings assigned to such terms in the Master Agreement. If any provision of this Equipment Note conflicts with any provision of the Master Agreement, the provisions contained in this Equipment Note shall prevail. Borrower hereby authorizes Lender to insert the serial numbers and other identification data of the Equipment, dates, and other omitted factual matters or descriptions in this Equipment Note.

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FIFTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT BANK OF AMERICA, N.A. AS ADMINISTRATIVE AGENT AND COLLATERAL AGENT LENDERS NAMED HEREIN WELLS FARGO FOOTHILL, LLC. AS SYNDICATION AGENT NATIONAL CITY BUSINESS CREDIT, INC. AS DOCUMENTATION AGENT...
Loan and Security Agreement • August 20th, 2010 • Casual Male Retail Group Inc • Retail-family clothing stores • Massachusetts

Bank of America, N.A. (in such capacity, the “Administrative Agent”), a national banking association with an office at 40 Broad Street, Boston, Massachusetts 02109, as Administrative Agent for the benefit of (i) the Collateral Agent, (ii) the “Lenders” who are, at present, those financial institutions identified on the signature pages of this Agreement and any Person who becomes a “Lender” in accordance with the provisions of this Agreement, and (iii) other Secured Parties.

Banc of America Leasing & Capital, LLC Equipment Security Note Number 17608-70001
Casual Male Retail Group Inc • August 20th, 2010 • Retail-family clothing stores

This Equipment Security Note No. 17608-70001, dated as of July 20, 2007 (this “Equipment Note”), is entered into pursuant to and incorporates by this reference all of the terms and provisions of that certain Master Loan and Security Agreement No. 17608-70000 dated as of July 20, 2007 (the “Master Agreement”), by and between Banc of America Leasing & Capital, LLC (“Lender”) and Casual Male Retail Group, Inc. (“Borrower”). All capitalized terms used herein and not defined herein shall have the respective meanings assigned to such terms in the Master Agreement. If any provision of this Equipment Note conflicts with any provision of the Master Agreement, the provisions contained in this Equipment Note shall prevail. Borrower hereby authorizes Lender to insert the serial numbers and other identification data of the Equipment, dates, and other omitted factual matters or descriptions in this Equipment Note.

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