REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 9th, 2013 • American Apparel, Inc • Blank checks • New York
This Registration Rights Agreement (the “Agreement”), dated as of April 4, 2013, by and among American Apparel, Inc., a Delaware corporation (the “Company”), the Guarantors party hereto (the “Guarantors”) and Cowen and Company, LLC and Sea Port Group Securities, LLC, as representatives (collectively, the “Representatives”) of the initial purchasers listed on Schedule I hereto (the “Initial Purchasers”).
INDENTURE, dated as of April 4, 2013 among AMERICAN APPAREL, INC. as Company, THE GUARANTORS PARTY HERETO, as Guarantors and U.S. BANK NATIONAL ASSOCIATION, as Trustee and as Collateral Agent 13.0% Senior Secured Notes due 2020Indenture, • April 9th, 2013 • American Apparel, Inc • Blank checks • New York
INDENTURE, dated as of April 4, 2013, among American Apparel, Inc., a Delaware corporation (the “Company”), the Guarantors (as herein defined) party hereto and U.S. Bank National Association, as Trustee (in such capacity, the “Trustee”) and as Collateral Agent (in such capacity, the “Collateral Agent”).
CREDIT AGREEMENT Dated as of April 4, 2013 among AMERICAN APPAREL (USA), LLC, as a Borrower and as Borrower Representative, AMERICAN APPAREL RETAIL, INC., AMERICAN APPAREL DYEING & FINISHING, INC., KCL KNITTING, LLC, as the other Borrowers Party...Credit Agreement • April 9th, 2013 • American Apparel, Inc • Blank checks • New York
THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK (EXCLUDING THE LAWS APPLICABLE TO CONFLICTS OR CHOICE OF LAW (OTHER THAN THE NEW YORK GENERAL OBLIGATIONS LAW §5-1401)).
INTERCREDITOR AGREEMENTIntercreditor Agreement • April 9th, 2013 • American Apparel, Inc • Blank checks • New York
THIS INTERCREDITOR AGREEMENT dated as of April 4, 2013 (as amended, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”), is by and between: (i) U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent under the Indenture Collateral Documents (in such capacity, including any successor thereto in such capacity, the “Collateral Agent”) and as Trustee under the Indenture (in such capacity, including any successor thereto in such capacity, the “Trustee”), for the benefit of the holders from time to time of the Indenture Obligations (as defined below) and (ii) CAPITAL ONE LEVERAGE FINANCE CORP., as Administrative Agent (in such capacity, including any successor thereto in such capacity, the “Credit Facility Agent”) under the Credit Agreement (as defined below).
