Back to top

AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT

Revolving Credit Agreement

AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT | Document Parties: E COM VENTURES INC | MAGNIFIQUE PARFUMES AND COSMETICS, INC.  | PERFUMANIA, INC.  | PERFUMANIA PUERTO RICO, INC.  | TEN KESEF II, INC. You are currently viewing:
This Revolving Credit Agreement involves

E COM VENTURES INC | MAGNIFIQUE PARFUMES AND COSMETICS, INC. | PERFUMANIA, INC. | PERFUMANIA PUERTO RICO, INC. | TEN KESEF II, INC.

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT
Date: 5/4/2007
Industry: Retail (Specialty)    

AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT, Parties: e com ventures inc , magnifique parfumes and cosmetics  inc.  , perfumania  inc.  , perfumania puerto rico  inc.  , ten kesef ii  inc.
50 of the Top 250 law firms use our Products every day

Exhibit 10.21

GMAC COMMERCIAL FINANCE LLC

1290 Avenue of the Americas

New York, New York 10104

as of February 1, 2007

PERFUMANIA, INC.

MAGNIFIQUE PARFUMES AND COSMETICS, INC.

PERFUMANIA PUERTO RICO, INC.

TEN KESEF II, INC.

251 International Parkway

Sunrise, Florida 33325

 

 

Re:

Amendment to Amended and Restated Revolving Credit

and Security Agreement (this “ Amendment ”)

Ladies and Gentlemen:

Reference is made to certain financing arrangements by and among PERFUMANIA, INC., MAGNIFIQUE PARFUMES AND COSMETICS, INC., PERFUMANIA PUERTO RICO, INC., and TEN KESEF II, INC. (each individually, a “ Borrower ” and collectively, the “ Borrowers ”) and GMAC Commercial Finance LLC, as agent (in such capacity, “ Agent ”) for certain institutional lenders (collectively, “ Lenders ”) pursuant to certain financing agreements with Borrowers, including, but not limited to, the Amended and Restated Revolving Credit and Security Agreement, dated as of May 12, 2004 (as amended by the Letter re: Amendment to Revolving Credit and Security Agreement, dated as of June 1, 2005, the Letter re: Amendment to Revolving Credit and Security Agreement, dated as of September 30, 2006, and as heretofore amended, supplemented or otherwise modified, the “ Credit Agreement ”) entered into by and among Borrowers, Agent and Lenders. Each capitalized term used herein and not otherwise defined shall have the meaning ascribed to it in the Credit Agreement.

Borrowers have requested that Agent and Lenders agree to amend certain provisions of the Credit Agreement as hereinafter set forth and, as an accommodation to Borrowers, Agent and Lenders have agreed to make such amendments, subject to the terms and provisions set forth in this Amendment.

In consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

1. Section 6.5 of the Credit Agreement (Fixed Charge Coverage Ratio) is amended and restated in its entirety to read as follows:


“6.5 Fixed Charge Coverage Ratio . Borrowers shall maintain, on a consolidated basis, as at the end of each fiscal quarter (July 31, October 31, January 31 and April 30 in any given year), a Fixed Charge Coverage Ratio not less than the amounts set forth below for each computation period as set forth below (for the purposes of calculating the Fixed Charge Coverage Ratio, on a non-cumulative basis, for any given period and for only that period, landlord/tenant allowances for such period may be offset against the gross capital expenditures for such period so long as (1) such landlord/tenant allowances are reflected in the financial statements provided to Agent for such period and (2) Borrowers have provided Agent with documentation satisfactory to Agent setting forth such landlord/tenant allowances):

 

 

 

 

Computation Period

  

Fixed Charge Coverage Ratio

12 months ending February 3, 2007

  

1.1 : 1.0

the 12 consecutive month period ending as of the end each fiscal quarter commencing with the fiscal quarter ending April 30, 2007

  

To be determined based on 85% of the projections as set forth in Borrower’s yearly business plan, delivered pursuant to Section 9.12 hereof which shall be acceptable to Agent and Required Lenders, in their sole discretion

2. Section 7.6 of the Credit Agreement (Capital Expenditures) is amended and resta


 
SITE SEARCH

AGREEMENTS / CONTRACTS

Document Title:

Entire Document: (optional)

Governing Law:(optional)


Try our advanced search >>
 

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

Get Email Updates
Email:
This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more