FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 18th, 2014 • dELiAs, Inc. • Retail-catalog & mail-order houses • New York
This FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of February 18, 2014, among DELIA*S, INC., a Delaware corporation (the “Lead Borrower”), the Persons named on Schedule 1.01 to the Credit Agreement referred to below (collectively, together with the Lead Borrower, the “Borrowers”), the Persons named on Schedule 1.02 to the Credit Agreement referred to below (collectively, the “Guarantors”), each lender party hereto (collectively, the “Lenders” and individually, a “Lender”), and SALUS CAPITAL PARTNERS, LLC, as Administrative Agent and Collateral Agent (in such capacities, the “Agent”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • February 18th, 2014 • dELiAs, Inc. • Retail-catalog & mail-order houses • New York
THIS SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated as of February 18, 2014, by and among dELiA*s, Inc., a Delaware corporation with headquarters located at 50 West 23rd Street, New York, New York 10010 (the “Company”), and each investor identified on the signature pages hereto (individually, an “Investor” and collectively, the “Investors”).
FIRST AMENDMENT TO RIGHTS AGREEMENTRights Agreement • February 18th, 2014 • dELiAs, Inc. • Retail-catalog & mail-order houses • Delaware
This FIRST AMENDMENT TO RIGHTS AGREEMENT (the “Amendment”) is dated as of February 18, 2014 and amends that certain Rights Agreement, dated as of December 19, 2005 (the “Rights Agreement”), by and between dELiA*s, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company LLC, a New York limited liability trust company (the “Rights Agent”). Capitalized terms used but not otherwise defined in this Amendment have the respective meanings set forth in the Rights Agreement.
