Exhibit 10.4 LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 8th, 2002 • Aeropostale Inc • Massachusetts
Contract Type FiledMarch 8th, 2002 Company Jurisdiction
DATED AS OFStockholders' Agreement • March 8th, 2002 • Aeropostale Inc • New York
Contract Type FiledMarch 8th, 2002 Company Jurisdiction
EXHIBIT 10.24Employment Agreement • April 14th, 2004 • Aeropostale Inc • Retail-apparel & accessory stores • New York
Contract Type FiledApril 14th, 2004 Company Industry Jurisdiction
EXHIBIT 10.19Employment Agreement • April 14th, 2004 • Aeropostale Inc • Retail-apparel & accessory stores • New York
Contract Type FiledApril 14th, 2004 Company Industry Jurisdiction
Exhibit 10.20 AMENDMENT NO. 2 TO STOCKHOLDERS' AGREEMENT This Amendment No. 2 to Stockholders' Agreement (this "Amendment") is entered into as of June 24, 2003 by and among Aeropostale, Inc., f/k/a MSS-Delaware, Inc., a Delaware corporation (the...Stockholders' Agreement • June 27th, 2003 • Aeropostale Inc • Retail-apparel & accessory stores
Contract Type FiledJune 27th, 2003 Company Industry
EXHIBIT 1.1 6,085,000 Shares of Common Stock AEROPOSTALE, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • July 23rd, 2003 • Aeropostale Inc • Retail-apparel & accessory stores • New York
Contract Type FiledJuly 23rd, 2003 Company Industry Jurisdiction
PARTIESEmployment Agreement • March 8th, 2002 • Aeropostale Inc • New York
Contract Type FiledMarch 8th, 2002 Company Jurisdiction
EXHIBIT 10.21Employment Agreement • April 14th, 2004 • Aeropostale Inc • Retail-apparel & accessory stores • New York
Contract Type FiledApril 14th, 2004 Company Industry Jurisdiction
PARTIESEmployment Agreement • April 30th, 2002 • Aeropostale Inc • Retail-apparel & accessory stores • New York
Contract Type FiledApril 30th, 2002 Company Industry Jurisdiction
EXHIBIT 10.15 FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT This Fifth Amendment to Loan and Security Agreement (the "Fifth Amendment") is made as of this 15th day of April, 2002 by and among Fleet Retail Finance Inc. f/k/a BankBoston Retail Finance...Loan and Security Agreement • April 30th, 2002 • Aeropostale Inc • Retail-apparel & accessory stores
Contract Type FiledApril 30th, 2002 Company Industry
EXHIBIT 10.1 AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT FLEET RETAIL FINANCE INC.Loan and Security Agreement • December 9th, 2003 • Aeropostale Inc • Retail-apparel & accessory stores • Massachusetts
Contract Type FiledDecember 9th, 2003 Company Industry Jurisdiction
Exhibit 1.1 12,500,000 Shares of Common Stock AEROPOSTALE, INC. UNDERWRITING AGREEMENTAeropostale Inc • April 30th, 2002 • Retail-apparel & accessory stores • New York
Company FiledApril 30th, 2002 Industry Jurisdiction
SUBLEASE AGREEMENT Facility Name/Location Material Distribution Center, South River, NJ 08882-9998 334952-001 1. THIS LEASE, by and between the UNITED STATES POSTAL SERVICE, hereinafter called Lessor, and AEROPOSTALE, INC. and its subsidiaries,...Sublease Agreement • March 8th, 2002 • Aeropostale Inc
Contract Type FiledMarch 8th, 2002 Company
AGREEMENTManagement Services Agreement • March 8th, 2002 • Aeropostale Inc • New York
Contract Type FiledMarch 8th, 2002 Company Jurisdiction
PARTIESEmployment Agreement • April 29th, 2003 • Aeropostale Inc • Retail-apparel & accessory stores • New York
Contract Type FiledApril 29th, 2003 Company Industry Jurisdiction
EXHIBIT 10.26 FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This First Amendment to Amended and Restated Loan and Security Agreement (the "First Amendment") is made as of this 22nd day of April, 2005 by and among Fleet Retail...Loan and Security Agreement • April 26th, 2005 • Aeropostale Inc • Retail-apparel & accessory stores
Contract Type FiledApril 26th, 2005 Company Industry
RIGHTS AGREEMENT by and betweenRights Agreement • November 26th, 2013 • Aeropostale Inc • Retail-apparel & accessory stores • Delaware
Contract Type FiledNovember 26th, 2013 Company Industry JurisdictionTHIS RIGHTS AGREEMENT (this “Agreement”), dated as of November 26, 2013, is entered into by and between Aéropostale, Inc., a Delaware corporation (the “Corporation”), and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company (the “Rights Agent”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 8th, 2007 • Aeropostale Inc • Retail-apparel & accessory stores
Contract Type FiledMarch 8th, 2007 Company IndustryThis Employment Agreement (this “Agreement”) dated on March 16, 2007 (the “Effective Date”), is entered into by and between Aeropostale, Inc., a Delaware corporation (the “Company”), and Mindy Meads, an individual residing at 27 Homesdale Road, Bronxville, NY 10708 (the “Executive”).
EMPLOYMENT AGREEMENTEmployment Agreement • May 6th, 2013 • Aeropostale Inc • Retail-apparel & accessory stores
Contract Type FiledMay 6th, 2013 Company IndustryThis Employment Agreement (this "Agreement") effective as of May 3, 2013 (the "Effective Date"), is entered into by and between Aeropostale, Inc., a Delaware corporation (the "Company"), and Thomas P. Johnson, an individual residing at 127 Milbob Drive, Ivyland, Pennsylvania 18974 (the "Executive").
Restricted Stock Award Rescission AgreementRestricted Stock Award Rescission Agreement • November 4th, 2013 • Aeropostale Inc • Retail-apparel & accessory stores • New York
Contract Type FiledNovember 4th, 2013 Company Industry JurisdictionThis Restricted Stock Award Rescission Agreement (this “Rescission Agreement”) is entered into as of October 31, 2013 (the “Rescission Date”), by and between Mary Jo Pile (the “Executive”) and Aéropostale, Inc. (the “Company”), (each, a “Party” and collectively, the “Parties”).
EMPLOYMENT AGREEMENTEmployment Agreement • September 25th, 2009 • Aeropostale Inc • Retail-apparel & accessory stores
Contract Type FiledSeptember 25th, 2009 Company IndustryThis Employment Agreement (this "Agreement") dated and effective on September 23, 2009 (the "Effective Date"), is entered into by and between Aeropostale, Inc., a Delaware corporation (the "Company"), and Mindy C. Meads, an individual residing at 27 Homesdale Road, Bronxville, NY 10708 (the "Executive").
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 28th, 2014 • Aeropostale Inc • Retail-apparel & accessory stores • New York
Contract Type FiledMay 28th, 2014 Company Industry JurisdictionTHIS LOAN AND SECURITY AGREEMENT (this “Agreement”) is made between Aero Investors LLC, a Delaware limited liability company (in such capacity, the “Agent”), with offices c/o Sycamore Partners at 9 West 57th Street, 31st Floor, New York, New York 10019, as agent for the ratable benefit of the “Lenders” who are, at present, those financial institutions identified on the signature pages of this Agreement or who otherwise become “Lenders” pursuant to the terms of this Agreement from time to time, the Lenders party hereto, and Aeropostale, Inc. (hereinafter, the “Borrower”), a Delaware corporation with its principal executive offices at 112 West 34th Street, New York, New York 10120.
AMENDED AND RESTATED EQUITY INTEREST PLEDGE AGREEMENTEquity Interest Pledge Agreement • September 8th, 2010 • Aeropostale Inc • Retail-apparel & accessory stores • Massachusetts
Contract Type FiledSeptember 8th, 2010 Company Industry JurisdictionThis AMENDED AND RESTATED EQUITY INTEREST PLEDGE AGREEMENT (this “Agreement”) is made as of this 13th day of November, 2007 by and between Aeropostale, Inc., a Delaware corporation (the "Borrower"), and Bank of America, N.A. (as assignee of Fleet Retail Finance Inc. (“Fleet”) pursuant to that certain Assignment and Acceptance dated as of even date herewith by and between Fleet, as Assignor, and Bank of America, N.A., as Assignee), a national banking association with offices at 100 Federal Street, 9th Floor, Boston, Massachusetts 02110 (the “Lender”).
RECITALS:Sourcing Agreement • March 8th, 2002 • Aeropostale Inc • New York
Contract Type FiledMarch 8th, 2002 Company Jurisdiction
AMENDED AND RESTATED GUARANTY Bank of America, N.A. LENDER November 13, 2007Aeropostale Inc • September 8th, 2010 • Retail-apparel & accessory stores • Massachusetts
Company FiledSeptember 8th, 2010 Industry JurisdictionWHEREAS, the Borrower, the Guarantors and the Lender (as assignee of Fleet Retail Finance Inc. (“Fleet”) pursuant to that certain Assignment and Acceptance dated as of even date herewith by and between Fleet, as Assignor, and Bank of America, N.A., as Assignee), are party to that certain Second Amended and Restated Loan and Security Agreement dated as of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”); and
AGENCY AGREEMENTAgency Agreement • September 16th, 2016 • Aeropostale Inc • Retail-apparel & accessory stores • New York
Contract Type FiledSeptember 16th, 2016 Company Industry JurisdictionThis Agency Agreement (“Agreement”), effective upon the closing (the “Closing”) of the transactions contemplated by the APA (as defined below), is made as of September 12, 2016, by and among Aéropostale, Inc., a Delaware corporation (“Aéropostale”), and the other direct and indirect wholly-owned Subsidiaries of Aéropostale that are signatory hereto (together with Aéropostale, “Merchant”), a contractual joint venture composed of Hilco Merchant Resources, LLC and Gordon Brothers Retail Partners, LLC (together, “Agent”), and Aero OpCo LLC (the “Buyer”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the APA.
SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT BANK OF AMERICA, N.A. As Lender And AEROPOSTALE, INC. The Borrower November 13, 2007Loan and Security Agreement • December 3rd, 2010 • Aeropostale Inc • Retail-apparel & accessory stores • Massachusetts
Contract Type FiledDecember 3rd, 2010 Company Industry JurisdictionAeropostale, Inc., (hereinafter, the “Borrower”), a Delaware corporation with its principal executive offices at 1372 Broadway, New York, New York 10020
SEPARATION AGREEMENT AND RELEASESeparation Agreement and Release • December 8th, 2014 • Aeropostale Inc • Retail-apparel & accessory stores • New York
Contract Type FiledDecember 8th, 2014 Company Industry JurisdictionThis Separation Agreement and Release (the “Agreement”), dated August 18, 2014 (the “Effective Date”) is made between Aeropostale, Inc., a Delaware corporation having an office at 112 West 34th Street, New York; New York 10120 (“Employer”) and Thomas P. Johnson, an individual residing at 127 Milbob Drive, Ivyland, PA 18974 (“Employee” and collectively with Employer, the “Parties”).
EXHIBIT 10.11 INTERIM MERCHANDISE SERVICING AGREEMENT THIS INTERIM AGREEMENT is made and entered into as of the 11th day of February, 2002, by and between AMERICAN CONSOLIDATION, INC., 500 Washington Avenue, Carlstadt, New Jersey 07512 ("ACI") and...Interim Merchandise Servicing Agreement • March 8th, 2002 • Aeropostale Inc • New Jersey
Contract Type FiledMarch 8th, 2002 Company Jurisdiction
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • April 12th, 2005 • Aeropostale Inc • Retail-apparel & accessory stores
Contract Type FiledApril 12th, 2005 Company IndustryTHIS AMENDMENT No. 1, dated as of April 11, 2005, to that certain Employment Agreement, dated and effective as of February 1, 2004, between Aeropostale, Inc., a Delaware corporation (the “Corporation”), and Julian R. Geiger (the “Executive”) (as heretofore amended, the “Agreement”).
FIRST AMENDMENT TO SECURED SUPERPRIORITY DEBTOR IN POSSESSION LOAN, SECURITY AND GUARANTY AGREEMENTGuaranty Agreement • May 31st, 2016 • Aeropostale Inc • Retail-apparel & accessory stores
Contract Type FiledMay 31st, 2016 Company IndustryTHIS FIRST AMENDMENT TO SECURED SUPERPRIORITY DEBTOR IN POSSESSION LOAN, SECURITY AND GUARANTY AGREEMENT (this “Amendment”) is entered into as of May 25, 2016, by and among AEROPOSTALE, INC., a Delaware corporation (“Borrower”), the Guarantors identified on the signature pages hereof, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), and CRYSTAL FINANCIAL LLC, a Delaware limited liability company, as agent for the Lenders (in such capacity, the “Agent”).
AMENDMENT TO RIGHTS AGREEMENT by and betweenRights Agreement • March 14th, 2014 • Aeropostale Inc • Retail-apparel & accessory stores • Delaware
Contract Type FiledMarch 14th, 2014 Company Industry JurisdictionTHIS AMENDMENT TO RIGHTS AGREEMENT (this “Amendment”), dated as of March 13, 2014, is entered into by and between Aéropostale, Inc., a Delaware corporation (the “Corporation”), and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company (the “Rights Agent”).
THIRD AMENDMENT TO SECURED SUPERPRIORITY DEBTOR IN POSSESSION LOAN, SECURITY AND GUARANTY AGREEMENTGuaranty Agreement • June 14th, 2016 • Aeropostale Inc • Retail-apparel & accessory stores
Contract Type FiledJune 14th, 2016 Company IndustryTHIS THIRD AMENDMENT TO SECURED SUPERPRIORITY DEBTOR IN POSSESSION LOAN, SECURITY AND GUARANTY AGREEMENT (this “Amendment”) is entered into as of June 9, 2016, by and among AEROPOSTALE, INC., a Delaware corporation (“Borrower”), the Guarantors identified on the signature pages hereof, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), and CRYSTAL FINANCIAL LLC, a Delaware limited liability company, as agent for the Lenders (in such capacity, the “Agent”).
INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • May 28th, 2014 • Aeropostale Inc • Retail-apparel & accessory stores • New York
Contract Type FiledMay 28th, 2014 Company Industry JurisdictionTHIS INVESTOR RIGHTS AGREEMENT (this “Agreement”) is made as of May 23, 2014, by and between Aero Investors LLC, a Delaware limited liability company (“Investor”), and Aéropostale, Inc., a Delaware corporation (the “Company”). Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such terms in Section 5M hereof.
EMPLOYMENT AGREEMENTEmployment Agreement • January 31st, 2008 • Aeropostale Inc • Retail-apparel & accessory stores • New York
Contract Type FiledJanuary 31st, 2008 Company Industry JurisdictionThis Employment Agreement (the “Agreement) made this 30th day of January, 2008, by and between Aéropostale, Inc., a Delaware corporation having an office at 112 West 34th Street, New York, New York 10120 (the “Company”) and Julian R. Geiger, residing at 7 Chowning Drive, Malvern, Pennsylvania 19355 (the “Executive”).