ContractAmerican Apparel, Inc • April 28th, 2011 • Blank checks • New York
THIS WARRANT AND THE SHARES OF COMMON STOCK ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”) OR ANY STATE SECURITIES LAWS AND MAY NOT BE SOLD, TRANSFERRED OR OTHERWISE DISPOSED OF UNLESS REGISTERED UNDER THE SECURITIES ACT AND UNDER APPLICABLE STATE SECURITIES LAWS OR THE ISSUER SHALL HAVE RECEIVED AN OPINION OF COUNSEL OR OTHER EVIDENCE OF ASSURANCE REASONABLY SATISFACTORY TO THE ISSUER THAT REGISTRATION OF SUCH SECURITIES UNDER THE SECURITIES ACT AND UNDER THE PROVISIONS OF APPLICABLE STATE SECURITIES LAWS IS NOT REQUIRED.
VOTING AGREEMENTVoting Agreement • April 28th, 2011 • American Apparel, Inc • Blank checks • Delaware
VOTING AGREEMENT, dated as of April 21, 2011 (this “Voting Agreement”), between Dov Charney, an individual (“Mr. Charney”), and the other persons signatory hereto (the “Purchasers”) that are parties to a Purchase and Investment Agreement, dated as of April 21, 2011 (the “Purchase Agreement”), between American Apparel, Inc., a Delaware corporation (the “Company”), and the Purchasers. Capitalized terms used herein and not otherwise defined shall have the respective meanings ascribed to such terms under the Purchase Agreement.
PURCHASE AND INVESTMENT AGREEMENTVoting Agreement • April 28th, 2011 • American Apparel, Inc • Blank checks • Delaware
This Purchase and Investment Agreement (this “Agreement”) is made as of April 21, 2011, among American Apparel, Inc, a Delaware corporation (the “Company”), Michael Serruya and the other persons named on the signature pages hereto (collectively, the “Purchasers” and, each, a “Purchaser”).
WAIVER AND SIXTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 28th, 2011 • American Apparel, Inc • Blank checks • New York
WAIVER AND SIXTH AMENDMENT, dated as of April 26, 2011 (this “Amendment”), under and to the Credit Agreement dated as of March 13, 2009 (as heretofore amended, supplemented or otherwise modified, the “Credit Agreement”), among American Apparel, Inc., a corporation organized under the laws of the State of Delaware (the “Borrower”), the Facility Guarantors from time to time party thereto, Wilmington Trust FSB, in its capacity as Administrative Agent thereunder and in its capacity as Collateral Agent thereunder, and the Lenders from time to time party thereto.
WAIVER, CONSENT, AND EIGHTH AMENDMENT TO CREDIT AGREEMENT BANK OF AMERICA, N.A.Credit Agreement • April 28th, 2011 • American Apparel, Inc • Blank checks
THIS WAIVER, CONSENT, AND EIGHTH AMENDMENT TO CREDIT AGREEMENT (this “Eighth Amendment”) is made to the Credit Agreement (as amended, the “Credit Agreement”) dated as of July 2, 2007 by and among:
