Exhibit 10.22
THIRD AMENDMENT TO SUPPLY
AGREEMENT
THIS THIRD AMENDMENT TO SUPPLY
AGREEMENT (this “Amendment”), dated April 27,
2006, effective July 31, 2005, is made by and between AZT
International S. de R.L. de C.V., a Mexico corporation
(“AZT”), an affiliate of Diversified Apparel Resources,
LLC f/k/a Commerce Clothing Company, LLC
(“Diversified”), a California limited liability company
with its principal executive offices at 5804 East Slauson Avenue,
Commerce, California 90040, Cygne Designs, Inc., a Delaware
corporation (“Cygne”), having its principal executive
office at 11 West 42 nd Street, New York, New York 10036
and Diversified.
RECITALS
A. AZT and Cygne previously entered
into a Supply Agreement dated July 31, 2005, as amended on
October 19, 2005 and December 9, 2005 (the “Second
Amendment”) (collectively, the “Agreement”)
providing for the manufacture and supply by AZT of certain products
for Cygne under the terms and conditions set forth in the
Agreement.
B. AZT temporarily assigned to
Diversified all of its rights, obligations and liabilities under
the Agreement during the Amendment Term (as defined in the Second
Amendment).
C. The parties desire to amend
certain provisions of the Agreement during the Amendment Term and
incorporate this Amendment therein.
D. Except as otherwise set forth
herein, any terms used but not defined herein shall have the
meanings assigned to them in the Agreement.
NOW, THEREFORE, and in consideration
of the mutual promises, covenants, representations and good and
valuable consideration set forth herein, the adequacy of which is
hereby acknowledged, the parties hereto agree as
follows:
1. Amendment . Diversified
and Cygn
