SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT by and Among LERNER NEW YORK, INC., LERNCO, INC. And JASMINE COMPANY, INC., as Borrowers, NEW YORK & COMPANY, INC., NEVADA RECEIVABLE FACTORING, INC., LERNER NEW YORK HOLDING, INC., LERNER NEW YORK GC, LLC and ASSOCIATED LERNER SHOPS OF AMERICA, INC., as Guarantors WACHOVIA BANK, NATIONAL ASSOCIATION, as Agent, WACHOVIA CAPITAL MARKETS, LLC, as Sole Lead Arranger and Sole Bookrunner, LASALLE RETAIL FINANCE, a DIVISION OF LASALLE BUSINESS CREDIT, LLC, AS AGENT FOR LASALLE BANK MIDWEST, NATIONAL ASSOCIATION, as Documentation Agent and THE P (April 11th, 2011)
This Second Amended and Restated Loan and Security Agreement (this Agreement), dated as of August 22, 2007, is entered into by and among Lerner New York, Inc., a Delaware corporation (Lerner), Lernco, Inc., a Delaware corporation (Lernco), and Jasmine Company, Inc., a Massachusetts corporation (Jasmine and together with Lerner and Lernco, collectively, Borrowers and individually each a Borrower), New York & Company, Inc., a Delaware corporation, formerly known as NY & Co. Group, Inc. (NY&Co), Lerner New York Holding, Inc., a Delaware corporation (Parent), Nevada Receivable Factoring, Inc., a Nevada corporation (Nevada Factoring), Associated Lerner Shops of America, Inc., a New York corporation (Associated Lerner), and Lerner New York GC, LLC, an Ohio limited liability company (Lerner GC and together with NY&Co, Parent, Nevada Factoring and Associated Lerner, collectively, Guarantors and each a Guarantor), the Lenders (as defined herein), Wachovia Bank, National Association, a national
New York & Company, Inc. Amendment No. 5 to the Stockholders Agreement (August 17th, 2006)
This Amendment (Amendment) to the Stockholders Agreement dated as of August 25, 2004 (the Stockholders Agreement), by and among New York & Company, Inc., a Delaware corporation (the Company) and the Stockholders named therein, is being entered into as of August 16, 2006. Certain capitalized terms used but not defined herein have the meaning attributed to them in the Stockholders Agreement.