SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 12th, 2004 • Wet Seal Inc • Retail-women's clothing stores • New York
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 12th, 2004 • Wet Seal Inc • Retail-women's clothing stores • New York
The notes, warrants and additional investment right warrants were originally issued by us in transactions exempt from the registration requirements of the 1933 Act to persons reasonably believed to be “accredited investors” as defined in Regulation D under the 1933 Act. The shares of common stock being offered by the selling securityholders are issuable upon conversion of the convertible notes, upon exercise of the warrants and as interest on the convertible notes. For additional information regarding the convertible notes and warrants, see “Private Placement of Convertible Notes, Warrants and Additional Investment Right Warrants” above. We are registering the notes, warrants, additional investment right warrants and shares of common stock in order to permit the selling securityholders to offer the notes, warrants, additional investment right warrants and shares for resale from time to time. Except for the ownership of the convertible notes, the warrants and the additional investment r
SUBORDINATION AGREEMENTSubordination Agreement • November 12th, 2004 • Wet Seal Inc • Retail-women's clothing stores • Massachusetts
SUBORDINATION AGREEMENT (this “Agreement”), dated as of November 9, 2004, between FLEET RETAIL GROUP, INC., a Delaware corporation having its office at 40 Broad Street, Boston, Massachusetts 02109, in its capacity as agent (the “Agent”) for the Lenders (as hereinafter defined), S.A.C. CAPITAL ASSOCIATES, LLC, a limited liability company organized under the laws of Anguila, acting in its capacity as collateral agent (“SAC”) for the other investors from time to time designated as “Buyers” (collectively with SAC, the “Subordinating Creditors”) on the signature pages to the Subordinated Agreement (as hereinafter defined), and THE WET SEAL, INC., a Delaware corporation having its office at 26972 Burbank, Foothill Ranch, California 92610 (the “Borrower”).
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • November 12th, 2004 • Wet Seal Inc • Retail-women's clothing stores
This First Amendment to Amended and Restated Credit Agreement (the “First Amendment”) is made as of the 9th day of November, 2004 by and among
INTERCREDITOR AND LIEN SUBORDINATION AGREEMENTIntercreditor and Lien Subordination Agreement • November 12th, 2004 • Wet Seal Inc • Retail-women's clothing stores • Massachusetts
THIS INTERCREDITOR AND LIEN SUBORDINATION AGREEMENT is entered into as of November 9, 2004, by and among S.A.C. CAPITAL ASSOCIATES, LLC, a limited liability company organized under the laws of Anguila, as “Administrative Agent” and “Collateral Agent” for all Second Lien Lenders (as hereinafter defined) party to the Second Lien Credit Agreement described below, THE WET SEAL, INC., a Delaware corporation (the “Lead Borrower”), THE WET SEAL RETAIL, INC., a Delaware corporation (“Wet Seal Retail”), WET SEAL CATALOG, INC., a Delaware corporation (collectively, with Wet Seal Retail and the Lead Borrower, the “Companies”), WET SEAL GC, INC., a Virginia corporation (the “Facility Guarantor”), and FLEET RETAIL GROUP, INC., as “Administrative Agent” and “Collateral Agent” for all of the First Lien Lenders (as hereinafter defined) party to the First Lien Credit Agreement described below.
CREDIT AGREEMENT dated as of November 9, 2004 among S.A.C. CAPITAL ASSOCIATES, LLC as Administrative Agent and Collateral Agent THE LENDERS FROM TIME TO TIME PARTY HERETO THE WET SEAL, INC., as Lead Borrower for: THE WET SEAL, INC. THE WET SEAL...Credit Agreement • November 12th, 2004 • Wet Seal Inc • Retail-women's clothing stores • New York
THE WET SEAL, INC., a Delaware corporation, having its principal place of business at 26972 Burbank, Foothill Ranch, California 92610, as Lead Borrower for the Borrowers, being:
