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EX-10.1 - SIXTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT DATED NOVEMBER 10, 2010 - DESTINATION XL GROUP, INC.dex101.htm

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM 8-K/A

(Amendment No.1)

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported): November 10, 2010

001-34219

(Commission File Number)

 

 

CASUAL MALE RETAIL GROUP, INC.

(Exact name of registrant as specified in its charter)

 

Delaware   04-2623104
(State of Incorporation)   (IRS Employer Identification Number)

555 Turnpike Street, Canton, Massachusetts 02021

(Address of registrant’s principal executive office)

(781) 828-9300

(Registrant’s telephone number)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


EXPLANATORY NOTE

Pursuant to a Current Report on Form 8-K filed with the Securities and Exchange Commission on November 10, 2010 (the “Original 8-K”), Casual Male Retail Group, Inc. (the “Company”) reported that it had amended its credit facility with Bank of America, N.A. by executing the Sixth Amended and Restated Loan and Security Agreement (the “Credit Facility”). The Company hereby amends the Original 8-K in order to include a copy of the fully executed Credit Facility. A copy of the Credit Facility is attached to this report as Exhibit 10.1, and is incorporated by reference herein.


ITEM 9.01—FINANCIAL STATEMENTS AND EXHIBITS

(d) Exhibits

 

Exhibit No.

  

Description

10.1*    Sixth Amended and Restated Loan and Security Agreement dated November 10, 2010 by and among Bank of America, N.A. as Administrative Agent and Collateral Agent, the Revolving Credit Lenders identified therein, the Company, as Borrowers’ Representative, and the Company and CMRG Apparel, LLC, as Borrowers.

 

* Portions of this Exhibit have been omitted pursuant to a request for confidential treatment.


SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

 

CASUAL MALE RETAIL GROUP, INC.
By:  

/S/ DENNIS R. HERNREICH

Name:   Dennis R. Hernreich
Title:   Executive Vice President and Chief Financial Officer

Date: December 1, 2010