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LCUT » Topics » Obligations

This excerpt taken from the LCUT 8-K filed Oct 16, 2009.
Obligations” as that term is defined in the Security Documents; and (8) reaffirms that all such Obligations continue to be secured by the Security Documents, which remain in full force and effect and are hereby ratified and confirmed.

OUTLET RETAIL STORES, INC.

 

 

By:

/s/ Laurence Winoker

Laurence Winoker

Senior Vice President and Chief Financial Officer

 

PFALTZGRAFF FACTORY STORES, INC.

 

 

By:

/s/ Laurence Winoker

Laurence Winoker

Senior Vice President and Chief Financial Officer
 
 

SYRATECH ACQUISITION CORPORATION

 

 

By:

/s/ Laurence Winoker

Laurence Winoker

Senior Vice President and Chief Financial Officer
 

 

LTB DE MEXICO, S.A. DE C.V.

 

 

By:

/s/ Laurence Winoker

Laurence Winoker

Director
 

 

TMC ACQUISITION INC.

 

 

By:

/s/ Laurence Winoker

Laurence Winoker

Senior Vice President and Chief Financial Officer
 

 

 

 

LIFETIME BRANDS OCTOBER 2009 ACKNOWLEDGMENT AND CONSENT

 

 

These excerpts taken from the LCUT 10-K filed Mar 31, 2009.
Obligations” and adding a new clause (d) thereto to read in its entirety as follows:

and (d) all Banking Services Obligations.

(n)       Revolving Maturity Date. Section 1.01 of the Credit Agreement is hereby amended by deleting the definition of “

Obligations” as that term is defined in the Security Documents and (iii) reaffirms that all such Obligations continue to be secured by the Security Documents, which remains in full force and effect and is hereby ratified and confirmed.

 

7.

Miscellaneous.

(a)       The Borrower shall pay the Administrative Agent upon demand for all reasonable expenses, including reasonable attorneys’ fees and expenses of the Administrative Agent, incurred by the Administrative Agent in connection with the preparation, negotiation and execution of this Amendment.

(b)       THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS (AS OPPOSED TO THE CONFLICTS OF LAW PROVISIONS, BUT INCLUDING SECTIONS 5-1401 AND 5-1402 OF THE GENERAL OBLIGATIONS LAW OF THE STATE OF NEW YORK) AND DECISIONS OF THE STATE OF NEW YORK.

(c)       This Amendment shall be binding upon the Borrower, the Administrative Agent and the Lenders and their respective successors and assigns, and shall inure to the benefit of the Borrower, the Administrative Agent and the Lenders and the respective successors and assigns of the Administrative Agent and the Lenders.

 

- 29 -

 

 

 

(d)       This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute one and the same instrument.

[

Obligations” (and any other term referring to the indebtedness, liabilities and obligations of the Borrower to the Administrative Agent or any of the Lenders) in the Guarantee Agreement and the other Loan Documents shall include the Indebtedness of the Borrower under the foregoing Amendment No. 5; (4) agrees that the definition of “
Obligations” as that term is defined in the Security Documents; and (8) reaffirms that all such Obligations continue to be secured by the Security Documents, which remain in full force and effect and are hereby ratified and confirmed.

 

OUTLET RETAIL STORES, INC.

 

 

By:

/s/ Laurence Winoker

Laurence Winoker
Senior Vice President and
Chief Financial Officer
 
 

PFALTZGRAFF FACTORY STORES, INC.

 

 

By:

/s/ Laurence Winoker

Laurence Winoker
Senior Vice President and
Chief Financial Officer
 
 

SYRATECH ACQUISITION CORPORATION

 

 

By:

/s/ Laurence Winoker

Laurence Winoker
Senior Vice President and
Chief Financial Officer

 

 

LIFETIME BRANDS AMENDMENT NO. 5

 

 

LTB DE MEXICO, S.A. DE C.V.

 

 

By:

/s/ Laurence Winoker

Laurence Winoker
Director
 
 

TMC ACQUISITION INC.

 

 

By:

/s/ Laurence Winoker

Laurence Winoker
Senior Vice President and
Chief Financial Officer
 
 
 
 
LIFETIME BRANDS AMENDMENT NO. 5

 

 

Obligations” and
adding a new clause (d) thereto to read in its entirety as follows:



and (d) all Banking Services Obligations.



(n)       Revolving Maturity Date. Section 1.01 of the Credit Agreement is hereby amended by deleting the definition of “

Obligations” as that term is
defined in the Security Documents and (iii) reaffirms that all such Obligations continue to be secured by the Security Documents, which remains in full force and effect and is hereby ratified and confirmed.













 

7.

Miscellaneous.



(a)       The Borrower shall pay the Administrative Agent upon demand for all reasonable expenses, including reasonable attorneys’ fees and expenses of the Administrative Agent, incurred by the Administrative Agent in connection with the preparation, negotiation and execution of this Amendment.



(b)       THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS (AS OPPOSED TO THE CONFLICTS OF LAW PROVISIONS, BUT INCLUDING SECTIONS 5-1401 AND 5-1402 OF THE GENERAL OBLIGATIONS LAW OF THE STATE OF NEW YORK) AND DECISIONS OF THE STATE OF NEW YORK.



(c)       This Amendment shall be binding upon the Borrower, the Administrative Agent and the Lenders and their respective successors and assigns, and shall inure to the benefit of the Borrower, the Administrative Agent and the Lenders and the respective successors and assigns of the Administrative Agent and the Lenders.



 






- 29 -



 






 










 




(d)       This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute one and the same instrument.



[

Obligations” (and any other term referring to the indebtedness, liabilities and obligations of the Borrower to the Administrative Agent or any of the Lenders) in the Guarantee Agreement and the other Loan Documents shall include the Indebtedness of the Borrower under the foregoing Amendment No. 5; (4) agrees
that the definition of “
Obligations” as that term is defined in the Security Documents; and (8) reaffirms that all such Obligations continue to be secured by the Security Documents, which remain in full force and effect and are hereby ratified and confirmed.



 

OUTLET RETAIL STORES, INC.



 

 

By:


/s/ Laurence Winoker


Laurence Winoker

Senior Vice President and

Chief Financial Officer




 



 

PFALTZGRAFF FACTORY STORES, INC.



 

 

By:


/s/ Laurence Winoker


Laurence Winoker

Senior Vice President and

Chief Financial Officer




 



 

SYRATECH ACQUISITION CORPORATION



 

 

By:


/s/ Laurence Winoker


Laurence Winoker

Senior Vice President and

Chief Financial Officer





 



 



LIFETIME BRANDS AMENDMENT NO. 5



 







 

LTB DE MEXICO, S.A. DE C.V.



 

 

By:


/s/ Laurence Winoker


Laurence Winoker

Director




 



 

TMC ACQUISITION INC.



 

 

By:


/s/ Laurence Winoker


Laurence Winoker

Senior Vice President and

Chief Financial Officer




 



 



 



 



LIFETIME BRANDS AMENDMENT NO. 5


 



 








EX-21.1
6
ex21_1-f10k12312008.htm







This excerpt taken from the LCUT 8-K filed Mar 10, 2009.
Obligations” as that term is defined in the Security Documents; and (8) reaffirms that all such Obligations continue to be secured by the Security Documents, which remain in full force and effect and are hereby ratified and confirmed.

OUTLET RETAIL STORES, INC.
By: /s/ Laurence Winoker               
           Laurence Winoker
   Senior Vice President and Chief

           Financial Officer

PFALTZGRAFF FACTORY STORES, INC.
By: /s/ Laurence Winoker               
           Laurence Winoker
   Senior Vice President and Chief

           Financial Officer

SYRATECH ACQUISITION CORPORATION
By: /s/ Laurence Winoker               
           Laurence Winoker
   Senior Vice President and Chief

           Financial Officer

LTB DE MEXICO, S.A. DE C.V.
By: /s/ Laurence Winoker               
           Laurence Winoker
   Senior Vice President and Chief

           Financial Officer

 

 

 

 

 

TMC ACQUISITION INC.
By: /s/ Laurence Winoker               
           Laurence Winoker
   Senior Vice President and Chief

           Financial Officer


 

 


This excerpt taken from the LCUT 8-K filed Feb 19, 2009.
Obligations” as that term is defined in the Security Documents; and (8) reaffirms that all such Obligations continue to be secured by the Security Documents, which remain in full force and effect and are hereby ratified and confirmed.

OUTLET RETAIL STORES, INC.

 

 

 

By:

/s/ Laurence Winoker

Name:

Laurence Winoker

Title:

SVP & CFO

 

 

 

 

PFALTZGRAFF FACTORY STORES, INC.

 

 

 

By:

/s/ Laurence Winoker

Name:

Laurence Winoker

Title:

SVP & CFO

 

 

 

 

SYRATECH ACQUISITION CORPORATION

 

 

 

By:

/s/ Laurence Winoker

Name:

Laurence Winoker

Title:

SVP & CFO

 

 

 

 

 

 

 

LTB DE MEXICO, S.A. DE C.V.

 

 

 

By:

/s/ Laurence Winoker

 

Laurence Winoker

 

Director

 

 

 

 

TMC ACQUISITION INC.

 

 

 

By:

/s/ Laurence Winoker

Name:

Laurence Winoker

Title:

SVP & CFO

 

 

 

 

This excerpt taken from the LCUT 8-K filed Sep 30, 2008.
Obligations” as that term is defined in the Security Documents; and (8) reaffirms that all such Obligations continue to be secured by the Security Documents, which remain in full force and effect and are hereby ratified and confirmed.

 

OUTLET RETAIL STORES, INC.

 

 

By:

 /s/ Laurence Winoker

 

Name:

 Laurence Winoker

Title:

 Senior VP - Finance


 

PFALTZGRAFF FACTORY STORES, INC.

 

 

By:

 /s/ Laurence Winoker

 

Name:

 Laurence Winoker

Title:

 Senior VP - Finance


 

SYRATECH ACQUISITION CORPORATION

 

 

By:

 /s/ Laurence Winoker

 

Name:

 Laurence Winoker

Title:

 Senior VP - Finance


 

 

 



LTB DE MEXICO, S.A. DE C.V.

 

 

By:

 /s/ Laurence Winoker

 

  

Laurence Winoker

 

Director


TMC ACQUISITION INC.

 

 

By:

 /s/ Laurence Winoker

 

Name:

 Laurence Winoker

Title:

 Senior VP - Finance


 

 

 

 

 

 

 

LIFETIME BRANDS AMENDMENT NO. 3 ACKNOWLEDGEMENT AND CONSENT

 

This excerpt taken from the LCUT 8-K filed Apr 24, 2008.
Obligations” as that term is defined in the Security Documents; and (8) reaffirms that all such Obligations continue to be secured by the Security Documents, which remain in full force and effect and are hereby ratified and confirmed.

This excerpt taken from the LCUT 8-K filed Apr 22, 2008.
Obligations” as that term is defined in the Security Documents; and (8) reaffirms that all such Obligations continue to be secured by the Security Documents, which remain in full force and effect and are hereby ratified and confirmed.

EXCERPTS ON THIS PAGE:

8-K
Oct 16, 2009
10-K (8 sections)
Mar 31, 2009
8-K
Mar 10, 2009
8-K
Feb 19, 2009
8-K
Sep 30, 2008
8-K
Apr 24, 2008
8-K
Apr 22, 2008

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