NWY / New York & Company, Inc. - Pengajuan SECLaporan Tahunan, Pernyataan Proksi

- 15-12B

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 15 CERTIFICATION AND NOTICE OF TERMINATION OF REGISTRATION UNDER SECTION 12(g) OF THE SECURITIES EXCHANGE ACT OF 1934 OR SUSPENSION OF DUTY TO FILE REPORTS UNDER SECTIONS 13 AND 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934. Commission File Number: 1-32315 RTW Retailwinds, Inc. (Exact name of registrant as specified in its

Debtors’ Joint Chapter 11 Plan of Liquidation, dated October 29, 2020

Exhibit 2.1 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY In re: RTW RETAILWINDS, INC., et al., Debtors.1 Chapter 11 Case No. 20-18445 (JKS) (Jointly Administered) JOINT PLAN OF LIQUIDATION OF rtw retailwinds, inc. and affiliated debtors PURSUANT TO CHAPTER 11 OF THE BANKRUPTCY CODE NOTHING CONTAINED HEREIN SHALL CONSTITUTE AN OFFER, ACCEPTANCE, COMMITMENT, OR LEGALLY BINDING OBLIGATION OF

Order Confirming Debtors’ Joint Chapter 11 Plan of Liquidation, dated December 11, 2020

Exhibit 99.1 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-1(b) COLE SCHOTZ P.C. Court Plaza North 25 Main Street P.O. Box 800 Hackensack, New Jersey 07602-0800 Michael D. Sirota, Esq. ([email protected]) Stuart Komrower, Esq. ([email protected]) Ryan T. Jareck, Esq. ([email protected]) Matteo Percontino, Esq. (mpercontino@colesch

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Material Modification to Rights of Security Holders, Financial Statements and Exhibits, Bankruptcy or Receivership - FORM 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 11, 2020 RTW RETAILWINDS, INC.

Regulation FD Disclosure, Financial Statements and Exhibits - FORM 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 1, 2020 RTW RETAILWINDS, INC.

Monthly Operating Report for the period beginning October 4, 2020 and ending October 31, 2020

Exhibit 99.1 UNITED STATES BANKRUPTCY COURT RTW Retailwinds, Inc., et al DISTRICT OF NEW JERSEYOctober 4, 2020 to October 31, 2020 In re: RTW Retailwinds, Inc., et al Case No. 20-18445 Reporting Period: October 4, 2020 to October 31, 2020 MONTHLY OPERATING REPORT File with Court and submit copy to United States Trustee within 20 days after end of month. Submit copy of report to any official commit

Monthly Operating Report for the period beginning August 30, 2020 and ending October 3, 2020

Exhibit 99.1 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Jn re: RTW Retailwinds, Inc., et alCase No. 20-18445 Reporting Period: August 30, 2020 to October 3, 2020 MONTHLY OPERATING REPORT File with Court and submit copy to United States Trustee within 20 days after end of month. Submit copy of report to any oflicial commiltee appointed in the case Document REQUIRED DOCUMENTSForm No.Attac

Regulation FD Disclosure, Financial Statements and Exhibits - FORM 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 27, 2020 RTW RETAILWINDS, INC.

Financial Statements and Exhibits, Changes in Registrant's Certifying Accountant - FORM 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 21, 2020 RTW RETAILWINDS, INC.

Letter dated October 22, 2020 from BDO USA, LLP to the Securities and Exchange Commission.

Exhibit 16 Tel: 212-371-4446 Fax: 212-371-9374 www.bdo.com 622 Third Ave, Suite 3100 New York, NY 10017 October 22, 2020 Securities and Exchange Commission 100 F Street N.E. Washington, D.C. 20549 We have been furnished with a copy of the response to Item 4.01 of Form 8-K for the event that occurred on October 21, 2020, to be filed by our former client, RTW Retailwinds, Inc. We agree with the stat

Regulation FD Disclosure, Financial Statements and Exhibits - FORM 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): September 23, 2020 RTW RETAILWINDS, INC.

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY

Exhibit 99.1 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY In re: RTW Retailwinds, Inc., et al Case No. 20-18445 Reporting Period: August 2, 2020 to August 29, 2020 MONTHLY OPERATING REPORT File with Court and submit copy to United States Trustee within 20 days after end of month. Submit copy of report to any official committee appointed in the case. Document Affidavit/Supplement Attached

Regulation FD Disclosure, Financial Statements and Exhibits, Completion of Acquisition or Disposition of Assets - FORM 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 1, 2020 RTW RETAILWINDS, INC.

FINAL: FOR RELEASE

Exhibit 99.1 FINAL: FOR RELEASE RTW Retailwinds, Inc. Announces the Closing of the Sale of its e-Commerce Business, including the New York & Company and Fashion to Figure e-Commerce Intellectual Property, to Saadia Group, LLC Saadia Group to Operate the e-Commerce Business as an Ongoing Business October 2, 2020 New York-(BUSINESS WIRE)—RTW Retailwinds, Inc. (“RTW” or the “Company”) [OTC PINK:RTWIQ

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY

Exhibit 99.1 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY In re: RTW Retailwinds, Inc., et al Case No. 20-18445 Reporting Period: July 13, 2020 to August 1, 2020 MONTHLY OPERATING REPORT File with Court and submit copy to United States Trustee within 20 days after end of month. Submit copy of report to any official committee appointed in the case. Document Affidavit/Supplement Attached RE

Regulation FD Disclosure, Financial Statements and Exhibits - FORM 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 20, 2020 RTW RETAILWINDS, INC.

ASSET PURCHASE AGREEMENT BY AND AMONG RTW RETAILWINDS, INC., THE OTHER SELLERS PARTY HERETO, SAADIA GROUP LLC Dated as of AUGUST 28, 2020

Exhibit 99.2 CONFIDENTIAL ASSET PURCHASE AGREEMENT BY AND AMONG RTW RETAILWINDS, INC., THE OTHER SELLERS PARTY HERETO, AND SAADIA GROUP LLC Dated as of AUGUST 28, 2020 CONFIDENTIAL ASSET PURCHASE AGREEMENT This Asset Purchase Agreement (this “Agreement”) is entered into as of August 28, 2020 (the “Effective Date”) by and among RTW Retailwinds, Inc., a Delaware corporation (the “Company”), and the

Regulation FD Disclosure, Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 28, 2020 RTW RETAILWINDS, INC.

RTW Retailwinds, Inc. Announces Conclusion of Bankruptcy Auction and Execution of Asset Purchase Agreement with the Winning Bidder, Saadia Group, LLC.

Exhibit 99.1 RTW Retailwinds, Inc. Announces Conclusion of Bankruptcy Auction and Execution of Asset Purchase Agreement with the Winning Bidder, Saadia Group, LLC. · Sale of its e-Commerce Business, including the New York & Company and Fashion to Figure E-commerce Intellectual Property · Saadia Group to Operate the E-Commerce Business as an Ongoing Business August 31, 2020 New York-(BUSINESS WIRE)

Regulation FD Disclosure, Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 3, 2020 RTW RETAILWINDS, INC.

ASSET PURCHASE AGREEMENT BY AND AMONG RTW RETAILWINDS, INC., THE OTHER SELLERS PARTY HERETO, SUNRISE BRANDS, LLC Dated as of AUGUST 3, 2020 ASSET PURCHASE AGREEMENT

Exhibit 99.2 ASSET PURCHASE AGREEMENT BY AND AMONG RTW RETAILWINDS, INC., THE OTHER SELLERS PARTY HERETO, AND SUNRISE BRANDS, LLC Dated as of AUGUST 3, 2020 ASSET PURCHASE AGREEMENT This Asset Purchase Agreement (this “Agreement”) is entered into as of August 3, 2020 (the “Effective Date”) by and among RTW Retailwinds, Inc., a Delaware corporation (the “Company”), and the other direct and indirect

RTW Retailwinds, Inc. Announces Execution of Asset Purchase Agreement with Sunrise Brands, LLC for the Sale of its e-Commerce Business, including the New York & Company and Fashion to Figure e-Commerce Intellectual Property

Exhibit 99.1 RTW Retailwinds, Inc. Announces Execution of Asset Purchase Agreement with Sunrise Brands, LLC for the Sale of its e-Commerce Business, including the New York & Company and Fashion to Figure e-Commerce Intellectual Property Sunrise Brands to Operate the e-Commerce Business as an Ongoing Business August 4, 2020 New York-(BUSINESS WIRE)—RTW Retailwinds, Inc. (“RTW” or the “Company”) [OT

- NT 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 NOTIFICATION OF LATE FILING (Check one): o Form 10-K o Form 20-F o Form 11-K x Form 10-Q o Form 10-D o Form N-CEN o Form N-CSR For Period Ended: May 2, 2020 o Transition Report on Form 10-K o Transition Report on Form 20-F o Transition Report on Form 11-K o Transition Report on Form 10-Q For the Transition Period E

EX-99.25

NOTIFICATION OF THE REMOVAL FROM LISTING AND REGISTRATION OF THE STATED SECURITIES The New York Stock Exchange ('NYSE' or the 'Exchange') hereby notifies the Securities and Exchange Commission (the 'Commission') of its intention to remove the entire class of Common Stock ('Common Stock') of RTW Retailwinds, Inc.

Regulation FD Disclosure, Financial Statements and Exhibits, Bankruptcy or Receivership

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 13, 2020 RTW RETAILWINDS, INC.

rtw retailwinds, inc. VOLUNTARILY FILES CHAPTER 11 BANKRUPTCY ~ecommerce operations continue to operate~ ~92% OF BRICK-AND-MORTAR locations RE-OPENED FROM COVID-19 CLOSURES~ ~COMPANY EXPECTS TO FULLY REPAY Approximately $12.7M Remaining LOAN OUTSTAND

Exhibit 99.1 FINAL: FOR RELEASE rtw retailwinds, inc. VOLUNTARILY FILES CHAPTER 11 BANKRUPTCY ~ecommerce operations continue to operate~ ~92% OF BRICK-AND-MORTAR locations RE-OPENED FROM COVID-19 CLOSURES~ ~COMPANY EXPECTS TO FULLY REPAY Approximately $12.7M Remaining LOAN OUTSTANDING~ New York, NY – July 13, 2020 – RTW Retailwinds, Inc. [OTC PINK:RTWI], an omni-channel specialty apparel retail pl

RTW RETAILWINDS, INC. ANNOUNCES SUSPENSION OF TRADING ON NYSE; COMMON STOCK now TRADing ON OTC PINK

Exhibit 99.1 RTW RETAILWINDS, INC. ANNOUNCES SUSPENSION OF TRADING ON NYSE; COMMON STOCK now TRADing ON OTC PINK FINAL: FOR RELEASE New York, NY – July 7, 2020 – RTW Retailwinds, Inc. [NYSE:RTW], an omni-channel specialty apparel retail platform for powerful celebrity and consumer brands, today announced that on July 6, 2020, the Company received confirmation that the New York Stock Exchange (“NYS

Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 6, 2020 RTW RETAILWINDS, INC.

Amendment No 3. to Fourth Amended and Restated Loan and Security Agreement, made by and among Lerner New York, Inc., Lernco, Inc., Lerner New York Outlet, LLC and Lerner New York FTF, LLC, wholly-owned indirect subsidiaries of RTW Retailwinds, Inc., and Wells Fargo Bank, N.A., as Agent and Sole Lender, dated as of July 2, 2020.

Exhibit 10.1 Execution AMENDMENT NO. 3 TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AMENDMENT NO. 3 TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT, dated as of July 2, 2020 (this “Amendment No. 3”), is entered into by and among Lerner New York, Inc., a Delaware corporation (“Lerner”), Lernco, Inc., a Delaware corporation (“Lernco”), Lerner New York Outlet, LLC, a Massachu

Entry into a Material Definitive Agreement, Financial Statements and Exhibits, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 2, 2020 RTW RETAILWINDS, INC.

Regulation FD Disclosure, Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 19, 2020 RTW RETAILWINDS, INC.

RTW Receives Continued Listing Standard Notice from the NYSE. Company WILL NOTIFY NYSE WHETHER IT Intends to Restore Compliance.

Exhibit 99.1 RTW Receives Continued Listing Standard Notice from the NYSE. Company WILL NOTIFY NYSE WHETHER IT Intends to Restore Compliance. FINAL: FOR RELEASE New York, NY – June 25, 2020 – RTW Retailwinds, Inc. [NYSE:RTW], an omni-channel specialty apparel retail platform for powerful celebrity and consumer brands, today announced that on June 19, 2020, the Company received notice (the “Notice”

Annual Report - 10-K

Use these links to rapidly review the document TABLE OF CONTENTS RTW Retailwinds, Inc.

Amendment No 2. to Fourth Amended and Restated Loan and Security Agreement and Joinder, made by and among Lerner New York, Inc., Lernco, Inc., Lerner New York Outlet, LLC and Lerner New York FTF, LLC, wholly-owned indirect subsidiaries of RTW Retailwinds, Inc., and Wells Fargo Bank, N.A., as Agent and Sole Lender, dated as of June 3, 2020.(n)

Exhibit 10.1 Execution AMENDMENT NO. 2 TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AMENDMENT NO. 2 TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT, dated as of June 3, 2020 (this “Amendment No. 2”), is entered into by and among Lerner New York, Inc., a Delaware corporation (“Lerner”), Lernco, Inc., a Delaware corporation (“Lernco”), Lerner New York Outlet, LLC, a Massachu

Entry into a Material Definitive Agreement, Financial Statements and Exhibits, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 3, 2020 RTW RETAILWINDS, INC.

Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 3, 2020 RTW RETAILWINDS, INC.

- FORM NT 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 NOTIFICATION OF LATE FILING (Check one): x Form 10-K ¨ Form 20-F o Form 11-K ¨ Form 10-Q ¨ Form 10-D ¨ Form N-CEN ¨ Form N-CSR For Period Ended: ¨ Transition Report on Form 10-K ¨ Transition Report on Form 20-F ¨ Transition Report on Form 11-K ¨ Transition Report on Form 10-Q For the Transition Period Ended: Read I

Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 1, 2020 RTW RETAILWINDS, INC.

- FORM SD

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM SD Specialized Disclosure Report RTW Retailwinds, Inc. (Exact name of registrant as specified in its charter) Delaware 1-32315 33-1031445 (State or other jurisdiction of incorporation or organization) (Commission File Number) (I.R.S. Employer Identification No.) 330 West 34th Street, 9th Floor, New York, New York 10001 (A

NWY / New York & Company, Inc. / Philotimo Fund, LP - AMENDMENT NO.8 TO SCHEDULE 13D Activist Investment

SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 SCHEDULE 13D (Rule 13d-101) INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO RULE 13d-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO RULE 13d-2(a) (Amendment No.

NWY / New York & Company, Inc. / Philotimo Fund, LP - AMENDMENT NO. 7 TO SCHEDULE 13D Activist Investment

SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 SCHEDULE 13D (Rule 13d-101) INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO RULE 13d-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO RULE 13d-2(a) (Amendment No.

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits, Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 10, 2020 RTW RETAILWINDS, INC.

Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 16, 2020 RTW RETAILWINDS, INC.

Retention Agreement, dated as of April 10, 2020, by and between RTW Retailwinds, Inc. and Sheamus Toal

Exhibit 10.1 STAY BONUS REPAYMENT AGREEMENT This STAY BONUS REPAYMENT AGREEMENT (“Agreement”) dated as of April 10, 2020 (the “Effective Date”), is by and between RTW RETAILWINDS, INC., a Delaware corporation, with offices at 330 W. 34th Street, 9th Floor, New York, New York 10001 (the “Company”), and SHEAMUS TOAL, an individual with an address at c/o 330 W. 34th Street, 9th Floor, New York, New Y

RTW RETAILWINDS, INC. PROVIDES UPDATE ON COVID-19 RESPONSE INITIATIVES

Exhibit 99.1 FINAL: FOR RELEASE RTW RETAILWINDS, INC. PROVIDES UPDATE ON COVID-19 RESPONSE INITIATIVES New York, New York — March 30, 2020 — RTW Retailwinds, Inc. [NYSE:RTW], (the “Company”), today announced that in light of the continued efforts to slow the transmission of the coronavirus (COVID-19) pandemic and in an effort to ensure the safety of its associates, customers and communities, the C

Financial Statements and Exhibits, Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 27, 2020 RTW RETAILWINDS, INC.

Entry into a Material Definitive Agreement, Other Events

8-K 1 tm2013261d38k.htm FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 20, 2020 RTW RETAILWINDS, INC. (Exact name of registrant as specified in its charter) DELAWARE (State or other jurisdiction of incorporation) 1-32

RTW RETAILWINDS, INC. ANNOUNCES 2019 4th QUARTER AND FULL YEAR RESULTS ~ Reports Total Sales of $224.0 Million ~ ~ eCommerce Business Grew to 38% of Sales from 33% in the Prior Year Quarter ~ ~ Reports $60.6 Million in Cash / $0.94 Per Diluted Share

Exhibit 99.1 FINAL: FOR RELEASE RTW RETAILWINDS, INC. ANNOUNCES 2019 4th QUARTER AND FULL YEAR RESULTS ~ Reports Total Sales of $224.0 Million ~ ~ eCommerce Business Grew to 38% of Sales from 33% in the Prior Year Quarter ~ ~ Reports $60.6 Million in Cash / $0.94 Per Diluted Share with No Debt Outstanding ~ New York, New York — March 19, 2020 — RTW Retailwinds, Inc. [NYSE:RTW], an omni-channel spe

RTW RETAILWINDS, INC. ANNOUNCES LEADERSHIP SUCCESSION PLAN THAT ACCELERATES DIGITAL TRANSFORMATION AND POSITIONS THE COMPANY FOR LONG TERM PROFITABLE GROWTH Appoints Traci Inglis to Chief Executive Officer Effective April 17, 2020 Gregory Scott to St

Exhibit 99.1 RTW RETAILWINDS, INC. ANNOUNCES LEADERSHIP SUCCESSION PLAN THAT ACCELERATES DIGITAL TRANSFORMATION AND POSITIONS THE COMPANY FOR LONG TERM PROFITABLE GROWTH Appoints Traci Inglis to Chief Executive Officer Effective April 17, 2020 Gregory Scott to Step Down as Chief Executive Officer Following a Transition Period New York, New York — March 19, 2020 — RTW Retailwinds, Inc. [NYSE:RTW],

Regulation FD Disclosure, Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 16, 2020 RTW RETAILWINDS, INC.

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 1, 2020 RTW RETAILWINDS, INC.

Regulation FD Disclosure, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 10, 2020 RTW RETAILWINDS, INC.

~RTW Receives Continued Listing Standard Notice from the NYSE~ ~Company Intends to Restore Compliance~

Exhibit 99.1 ~RTW Receives Continued Listing Standard Notice from the NYSE~ ~Company Intends to Restore Compliance~ FINAL: FOR RELEASE New York, NY – January 10, 2020 – RTW Retailwinds, Inc. [NYSE:RTW], an omni-channel specialty apparel retail platform for powerful celebrity and consumer brands, today announced that on January 8, 2020, the Company received notice (the “Notice”) from the New York S

Regulation FD Disclosure, Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 8, 2020 RTW RETAILWINDS, INC.

RTW RETAILWINDS, INC. COMMENTS ON HOLIDAY PERFORMANCE AND FOURTH QUARTER OUTLOOK

Exhibit 99.1 FINAL: FOR RELEASE RTW RETAILWINDS, INC. COMMENTS ON HOLIDAY PERFORMANCE AND FOURTH QUARTER OUTLOOK New York, New York — January 10, 2020 — RTW Retailwinds, Inc. [NYSE:RTW], an omni-channel specialty apparel retail platform for powerful celebrity and consumer brands, today commented on its holiday (the nine weeks ended January 4, 2020) performance and fourth quarter (the thirteen week

Amendment No 1. to Fourth Amended and Restated Loan and Security Agreement and Joinder, made by and among Lerner New York, Inc., Lernco, Inc., Lerner New York Outlet, LLC and Lerner New York FTF, LLC, wholly-owned indirect subsidiaries of RTW Retailwinds, Inc., and Wells Fargo Bank, N.A., as Agent and Sole Lender, dated as of October 24, 2019.

Exhibit 10.1 [Execution] AMENDMENT NO. 1 TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AND JOINDER AMENDMENT NO. 1 TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT AND JOINDER, dated as of October 24, 2019 (this “Amendment No. 1”), is entered into by and among LERNER NEW YORK, INC., a Delaware corporation (“Lerner”), LERNCO, INC., a Delaware corporation (“Lernco”), LERNER NE

NWY / New York & Company, Inc. 10-Q - Quarterly Report - 10-Q

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q ý QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the quarterly period ended November 2, 2019 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the transition period from to .

NWY / New York & Company, Inc. / Philotimo Fund, LP - FORM SC 13D/A Activist Investment

SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 SCHEDULE 13D (Rule 13d-101) INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO RULE 13d-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO RULE 13d-2(a) (Amendment No.

NWY / New York & Company, Inc. / Philotimo Fund, LP - AMENDMENT NO. 5 TO SCHEDULE 13D Activist Investment

SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 SCHEDULE 13D (Rule 13d-101) INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO RULE 13d-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO RULE 13d-2(a) (Amendment No.

Financial Statements and Exhibits, Results of Operations and Financial Condition

8-K 1 tm1924616d18k.htm FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K 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 2, 2019 RTW RETAILWINDS, INC. (Exact name of registrant as specified in its charter) DELAWARE (State or other jurisdiction of incorporation) 1-

RTW RETAILWINDS, INC. ANNOUNCES 2019 3rd QUARTER RESULTS ~ Reports Total Sales of $200.1 Million ~ ~ eCommerce Business Grew to 36% of Sales from 32% in the Prior Year Quarter ~ ~ Reports $65.6 Million in Cash / $1.02 Per Diluted Share with No Debt O

Exhibit 99.1 FINAL: FOR RELEASE RTW RETAILWINDS, INC. ANNOUNCES 2019 3rd QUARTER RESULTS ~ Reports Total Sales of $200.1 Million ~ ~ eCommerce Business Grew to 36% of Sales from 32% in the Prior Year Quarter ~ ~ Reports $65.6 Million in Cash / $1.02 Per Diluted Share with No Debt Outstanding ~ New York, New York — December 5, 2019 — RTW Retailwinds, Inc. [NYSE:RTW], an omni-channel specialty appar

Q3 2019 Earnings Presentation December 5, 2019 1

EX-99.2 3 tm1924616d1ex99-2.htm EXHIBIT 99.2 Exhibit 99.2 Q3 2019 Earnings Presentation December 5, 2019 1 Cautionary Statement Regarding Forward Looking Statements This presentation contains forward-looking statements, including statements made within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Some of these statements can be id

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 24, 2019 RTW RETAILWINDS, INC.

NWY / New York & Company, Inc. CORRESP - -

RTW Retailwinds, Inc. 330 West 34th Street, 9th Floor New York, New York 10001 September 17, 2019 VIA EDGAR Securities and Exchange Commission Division of Corporation Finance 100 F Street, N.E. Washington, D.C. 20549 Attention: Ronald E. Alper and Brigitte Lippman Re: RTW Retailwinds, Inc. Registration Statement on Form S-3, as amended Originally Filed August 10, 2018 File No. 333-226798 Ladies an

NWY / New York & Company, Inc. S-3/A - - S-3/A

S-3/A 1 a2239574zs-3a.htm S-3/A Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents As filed with the Securities and Exchange Commission on September 6, 2019 No. 333-226798 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 AMENDMENT NO. 2 TO FORM S-3 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 RTW Retailwinds, Inc. (Exact name of reg

NWY / New York & Company, Inc. 10-Q - Quarterly Report - 10-Q

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q ý QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the quarterly period ended August 3, 2019 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the transition period from to .

NWY / New York & Company, Inc. CORRESP - -

601 Lexington Avenue New York, New York 10022 (212) 446-4800 www.kirkland.com September 6, 2019 VIA EDGAR Ronald E. Alper and Brigitte Lippman United States Securities and Exchange Commission Division of Corporation Finance 100 F Street, NE Washington, D.C. 20549 Re: RTW Retailwinds, Inc. (formerly known as New York & Company, Inc.) Registration Statement on Form S-3 Originally Filed August 10, 20

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 22, 2019 RTW RETAILWINDS, INC.

Q2 2019 Earnings Presentation August 22, 2019

EX-99.2 3 a19-176611ex99d2.htm EX-99.2 Exhibit 99.2 Q2 2019 Earnings Presentation August 22, 2019 Cautionary Statement Regarding Forward Looking Statements This presentation contains forward-looking statements, including statements made within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Some of these statements can be identified

RTW RETAILWINDS, INC. ANNOUNCES 2019 2nd QUARTER RESULTS ~ Reports Total Sales of $201.9 Million ~ ~ eCommerce Business Grew to 30% of Sales from 26% in the Prior Year Quarter~ ~ Reports $83.3 Million in Cash / $1.28 Per Diluted Share with No Debt Ou

Exhibit 99.1 FINAL: FOR RELEASE RTW RETAILWINDS, INC. ANNOUNCES 2019 2nd QUARTER RESULTS ~ Reports Total Sales of $201.9 Million ~ ~ eCommerce Business Grew to 30% of Sales from 26% in the Prior Year Quarter~ ~ Reports $83.3 Million in Cash / $1.28 Per Diluted Share with No Debt Outstanding ~ New York, New York — August 22, 2019 — RTW Retailwinds, Inc. [NYSE:RTW], an omni-channel specialty apparel

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K/A CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 26, 2019 RTW RETAILWINDS, INC.

Submission of Matters to a Vote of Security Holders

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 11, 2019 RTW RETAILWINDS, INC.

Offer Letter and Employment Letter, dated as of April 18, 2019, between RTW Retailwinds, Inc. and Traci Inglis.

Exhibit 10.1 330 West 34th Street New York, NY 10001 April 16, 2019 Dear Traci: It is with a great deal of pleasure that we write this letter to formalize our invitation for you to join us at RTW Retailwinds as our President, Chief Marketing & Digital Officer and member of our Executive Committee. We are pleased and excited at the prospect of having you as our partner. The following points will ou

Our Quarterly Reports on Form 10-Q for the quarter ended May 4, 2019, filed with the SEC on June 6, 2019, and for the quarter ended August 3, 2019, filed with the SEC on September 6, 2019 (our "Quarterly Reports");

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q ý QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the quarterly period ended May 4, 2019 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the transition period from to .

NWY / New York & Company, Inc. SD - - SD

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM SD Specialized Disclosure Report RTW Retailwinds, Inc. (Exact name of registrant as specified in its charter) Delaware 1-32315 33-1031445 (State or other jurisdiction of (Commission (I.R.S. Employer incorporation or organization) File Number) Identification No.) 330 West 34th Street, 9th Floor, New York, New York 10001 (A

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 29, 2019 RTW RETAILWINDS, INC.

RTW RETAILWINDS, INC. ANNOUNCES 2019 1st QUARTER RESULTS ~ Reports Operating Results In Line with Guidance ~ ~ Launched Two New Digital Businesses in the Quarter ~ ~ Reports $83.2 Million in Cash / $1.27 Per Diluted Share with No Debt Outstanding ~

Exhibit 99.1 FINAL: FOR RELEASE RTW RETAILWINDS, INC. ANNOUNCES 2019 1st QUARTER RESULTS ~ Reports Operating Results In Line with Guidance ~ ~ Launched Two New Digital Businesses in the Quarter ~ ~ Reports $83.2 Million in Cash / $1.27 Per Diluted Share with No Debt Outstanding ~ New York, New York — May 29, 2019 — RTW Retailwinds, Inc. [NYSE:RTW], an omni-channel specialty apparel retail platform

Q1 2019 Earnings Presentation May 29, 2019

Exhibit 99.2 Q1 2019 Earnings Presentation May 29, 2019 Cautionary Statement Regarding Forward Looking Statements This presentation contains forward-looking statements, including statements made within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Some of these statements can be identified by terms and phrases such as “expect,” “an

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 29, 2019 RTW RETAILWINDS, INC.

RTW RETAILWINDS, INC. ANNOUNCES APPOINTMENT OF TRACI INGLIS AS PRESIDENT, CHIEF MARKETING AND CUSTOMER OFFICER

Exhibit 99.1 RTW RETAILWINDS, INC. ANNOUNCES APPOINTMENT OF TRACI INGLIS AS PRESIDENT, CHIEF MARKETING AND CUSTOMER OFFICER New York, NY — May 29, 2019 — RTW Retailwinds, Inc. (NYSE:RTW), an omni-channel specialty apparel retail platform for powerful celebrity and consumer brands, today announced the appointment of Traci Inglis as President, Chief Marketing and Customer Officer, effective June 10,

NWY / New York & Company, Inc. DEF 14A DEF 14A

DEF 14A 1 a2238663zdef14a.htm DEF 14A Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. ) Filed by the Registrant ý Filed by a Party other than the Registrant o Check the appropriate box

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 26, 2019 RTW RETAILWINDS, INC.

Our Annual Report on Form 10-K for the year ended February 2, 2019 (our "Annual Report"), filed with the SEC on April 17, 2019;

Use these links to rapidly review the document TABLE OF CONTENTS RTW Retailwinds, Inc.

Subsidiaries of Registrant.

QuickLinks - Click here to rapidly navigate through this document Exhibit 21.1 Subsidiaries of the Registrant Names State of Incorporation Name under which subsidiary does business Lerner New York Holding, Inc. Delaware Lernco, Inc. Delaware Lerner New York, Inc. Delaware Lerner New York FTF, LLC Delaware Fashion to Figure Lerner New York Outlet, LLC Massachusetts New York & Company Outlet Lerner

Ratification and Assumption Agreement, dated February 4, 2019, by and among Lerner New York, Inc., Wells Fargo Bank, National Association, as agent, and the other parties thereto.

QuickLinks - Click here to rapidly navigate through this document EXHIBIT 10.29 [Execution] RATIFICATION AND ASSUMPTION AGREEMENT February 4, 2019 Wells Fargo Bank, National Association, as Agent One Boston Place, 19th Floor Boston, Massachusetts 02108 Attention: Michele L. Riccobono Ladies and Gentlemen: Lerner New York, Inc., a Delaware corporation ("Lerner"), Lernco, Inc., a Delaware corporatio

RTW RETAILWINDS, INC. ANNOUNCES 2018 4th QUARTER AND FULL YEAR RESULTS ~ Comparable Store Sales Increased 0.4% for the Full Year ~ ~ GAAP Operating Income of $6.5 Million for the Full Year and a Loss of $1.6 Million in the Fourth Quarter ~ ~ Non-GAAP

Exhibit 99.1 FINAL: FOR RELEASE RTW RETAILWINDS, INC. ANNOUNCES 2018 4th QUARTER AND FULL YEAR RESULTS ~ Comparable Store Sales Increased 0.4% for the Full Year ~ ~ GAAP Operating Income of $6.5 Million for the Full Year and a Loss of $1.6 Million in the Fourth Quarter ~ ~ Non-GAAP Operating Income of $10.2 Million for the Full Year Increasing 32.9% from Prior Year ~ ~ Fourth Quarter Non-GAAP Oper

Q4 2018 Earnings Presentation March 21, 2019

Exhibit 99.2 Q4 2018 Earnings Presentation March 21, 2019 Cautionary Statement Regarding Forward Looking Statements This presentation contains forward-looking statements, including statements made within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Some of these statements can be identified by terms and phrases such as “expect,” “

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 21, 2019 RTW RETAILWINDS, INC.

RTW RETAILWINDS, INC. COMMENTS ON HOLIDAY PERFORMANCE AND FOURTH QUARTER OUTLOOK

Exhibit 99.1 FINAL: FOR RELEASE RTW RETAILWINDS, INC. COMMENTS ON HOLIDAY PERFORMANCE AND FOURTH QUARTER OUTLOOK New York, New York — January 14, 2019 — RTW Retailwinds, Inc. [NYSE:RTW], formerly known as New York & Company, Inc. [NYSE:NWY], an omni-channel specialty apparel retail platform for powerful celebrity and consumer brands, today commented on its holiday performance and fourth quarter fi

Regulation FD Disclosure, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 14, 2019 RTW RETAILWINDS, INC.

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 10, 2019 RTW RETAILWINDS, INC.

Second Amended and Restated By-laws.††

Exhibit 3.2 SECOND AMENDED AND RESTATED BY-LAWS OF RTW RETAILWINDS, INC. A Delaware Corporation ARTICLE I OFFICES Section 1. Registered Office. The registered office of RTW Retailwinds, Inc. (the “Corporation”) in the State of Delaware shall be located at 251 Little Falls Drive, Wilmington, DE 19808. The name of the Corporation’s registered agent at such address shall be Corporation Service Compan

NWY / New York & Company, Inc. 10-Q (Quarterly Report)

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q ý QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the quarterly period ended November 3, 2018 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the transition period from to .

Regulation FD Disclosure, Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 3, 2018 RTW RETAILWINDS, INC.

RTW RETAILWINDS, INC. ANNOUNCES ORGANIZATIONAL CHANGES ~ John Worthington, President and Chief Operating Officer to Depart the Company Sheamus Toal, Promoted to Executive Vice President, Chief Operating Officer and Chief Financial Officer ~

Exhibit 99.1 RTW RETAILWINDS, INC. ANNOUNCES ORGANIZATIONAL CHANGES ~ John Worthington, President and Chief Operating Officer to Depart the Company Sheamus Toal, Promoted to Executive Vice President, Chief Operating Officer and Chief Financial Officer ~ New York, New York — December 3, 2018 — RTW Retailwinds, Inc. [NYSE:RTW], formerly known as New York & Company, Inc. [NYSE: NWY], an omni-channel

RTW RETAILWINDS, INC. ANNOUNCES THIRD QUARTER FISCAL 2018 RESULTS ~ Comparable Store Sales Increase 0.2% for the Third Quarter ~ ~ GAAP Operating Income of $1.6 Million Increasing from $0.6 Million in Third Quarter Last Year ~ ~ Non-GAAP Operating In

Exhibit 99.1 FINAL: FOR RELEASE RTW RETAILWINDS, INC. ANNOUNCES THIRD QUARTER FISCAL 2018 RESULTS ~ Comparable Store Sales Increase 0.2% for the Third Quarter ~ ~ GAAP Operating Income of $1.6 Million Increasing from $0.6 Million in Third Quarter Last Year ~ ~ Non-GAAP Operating Income of $2.4 Million Exceeds Guidance of $1 Million to $2 Million ~ ~ Reports $7.6 Million in Non-GAAP EBITDA for Thir

Q3 2018 Earnings Presentation November 29, 2018

Exhibit 99.2 Q3 2018 Earnings Presentation November 29, 2018 Cautionary Statement Regarding Forward Looking Statements This presentation contains forward-looking statements, including statements made within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Some of these statements can be identified by terms and phrases such as “expect,

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K 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 29, 2018 RTW RETAILWINDS, INC.

Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K 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 19, 2018 RTW RETAILWINDS, INC.

Certificate of Amendment of Restated Certificate of Incorporation.(i)

Exhibit 3.1 STATE OF DELAWARE CERTIFICATE OF CORRECTION OF RTW RETAILWINDS, INC. RTW Retailwinds, Inc., a corporation organized and existing under and by virtue of the General Corporation Law of the State of Delaware does hereby certify: 1. The name of the corporation (the “Corporation”) is RTW Retailwinds, Inc. 2. That a Certificate of Amendment of Certificate of Incorporation of the Corporation

NWY / New York & Company, Inc. S-3/A

S-3/A 1 a2236690zs-3a.htm S-3/A Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents As filed with the Securities and Exchange Commission on September 19, 2018 No. 333-226798 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 AMENDMENT NO. 1 TO FORM S-3 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 New York & Company, Inc. (Exact name of

NWY / New York & Company, Inc. CORRESP - -

601 Lexington Avenue New York, New York 10022 (212) 446-4800 www.kirkland.com September 19, 2018 VIA COURIER AND EDGAR Ronald E. Alper and Brigitte Lippmann United States Securities and Exchange Commission Division of Corporation Finance 100 F Street, NE Washington, D.C. 20549 Re: New York & Company, Inc. Registration Statement on Form S-3 Originally Filed August 10, 2018 File No. 333-226798 Dear

NEW YORK & COMPANY, INC. ANNOUNCES REBRANDING AND TRANSFORMATION ~ Evolution to Multibrand Lifestyle Platform Leveraging Power of Celebrity, Digital, Customer, and Operational Expertise ~ Will Change Its Name to RTW RETAILWINDS ~ Outlines Plans to Gr

Exhibit 99.1 NEW YORK & COMPANY, INC. ANNOUNCES REBRANDING AND TRANSFORMATION ~ Evolution to Multibrand Lifestyle Platform Leveraging Power of Celebrity, Digital, Customer, and Operational Expertise ~ Will Change Its Name to RTW RETAILWINDS ~ Outlines Plans to Grow Sales Beyond $1 Billion and Achieve Double Digit EBITDA Margins Investor Day to begin at 9AM ET Wednesday, September 12, 2018 New York

Regulation FD Disclosure, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): September 11, 2018 NEW YORK & COMPANY, INC.

NWY / New York & Company, Inc. 10-Q (Quarterly Report)

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q ý QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the quarterly period ended August 4, 2018 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the transition period from to .

NEW YORK & COMPANY Q2 2018 Earnings Presentation August 23, 2018

Exhibit 99.2 NEW YORK & COMPANY Q2 2018 Earnings Presentation August 23, 2018 Cautionary Statement Regarding Forward Looking Statements This presentation contains forward-looking statements, including statements made within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Some of these statements can be identified by terms and phrases

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 23, 2018 NEW YORK & COMPANY, INC.

NEW YORK & COMPANY, INC. ANNOUNCES SPRING SEASON AND SECOND QUARTER FISCAL 2018 RESULTS ~ Comparable Store Sales Increase of 1.7% for the Spring Season ~ ~ Spring GAAP Operating Income of $6.5 Million Increasing $5.2 Million to Last Year ~ ~ Spring N

Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES SPRING SEASON AND SECOND QUARTER FISCAL 2018 RESULTS ~ Comparable Store Sales Increase of 1.7% for the Spring Season ~ ~ Spring GAAP Operating Income of $6.5 Million Increasing $5.2 Million to Last Year ~ ~ Spring Non-GAAP Operating Income of $7.8 Million Exceeds Guidance of $5 Million to $6 Million ~ ~ Reports $18.7 Million in Adj

NWY / New York & Company, Inc. / Philotimo Fund, LP - AMENDMENT NO. 4 TO THE SCHEDULE 13D Activist Investment

SC 13D/A 1 sc13da41152700508202018.htm AMENDMENT NO. 4 TO THE SCHEDULE 13D UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D (Rule 13d-101) INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO § 240.13d-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO § 240.13d-2(a) (Amendment No. 4)1 New York & Company, Inc. (Name of Issuer) Common Stock, par value $0.001 per

Power of Attorney.**

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents As filed with the Securities and Exchange Commission on August 10, 2018 No.

Submission of Matters to a Vote of Security Holders

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 12, 2018 NEW YORK & COMPANY, INC.

NWY / New York & Company, Inc. 10-Q (Quarterly Report)

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q ý QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the quarterly period ended May 5, 2018 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the transition period from to .

NWY / New York & Company, Inc. SD

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM SD Specialized Disclosure Report NEW YORK & COMPANY, INC. (Exact name of registrant as specified in its charter) Delaware 1-32315 33-1031445 (State or other jurisdiction of incorporation or organization) (Commission File Number) (I.R.S. Employer Identification No.) 330 West 34th Street, 9th Floor, New York, New York 10001

NEW YORK & COMPANY, INC. ANNOUNCES STRONG 2018 1st QUARTER RESULTS AND INCREASES GUIDANCE ~ Reports a Comparable Store Sales Increase of 2.7% ~ ~ 1st Quarter GAAP Operating Income of $3.5 Million Increasing $7.3 Million to Last Year ~ ~ 1st Quarter N

Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES STRONG 2018 1st QUARTER RESULTS AND INCREASES GUIDANCE ~ Reports a Comparable Store Sales Increase of 2.7% ~ ~ 1st Quarter GAAP Operating Income of $3.5 Million Increasing $7.3 Million to Last Year ~ ~ 1st Quarter Non-GAAP Operating Income of $4.3 Million, Exceeds High End of Guidance Range ~ ~ Increases Spring Operating Income Gui

NEW YORK & COMPANY Q1 2018 Earnings Presentation May 24,2018

Exhibit 99.2 NEW YORK & COMPANY Q1 2018 Earnings Presentation May 24,2018 Cautionary Statement Regarding Forward Looking Statements This presentation contains forward-looking statements, including statements made within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Some of these statements can be identified by terms and phrases suc

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 24, 2018 NEW YORK & COMPANY, INC.

NWY / New York & Company, Inc. DEF 14A

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

NWY / New York & Company, Inc. 10-K (Annual Report)

Use these links to rapidly review the document TABLE OF CONTENTS Index to Financial Statements EXHIBIT INDEX Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): April 12, 2018 NEW YORK & COMPANY, INC.

Q4 & FY 2017 Earnings March 22, 2018

Exhibit 99.2 Q4 & FY 2017 Earnings March 22, 2018 Cautionary Statement Regarding Forward Looking Statements This presentation contains forward-looking statements, including statements made within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Some of these statements can be identified by terms and phrases such as “expect,” “anticipa

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 22, 2018 NEW YORK & COMPANY, INC.

NEW YORK & COMPANY, INC. ANNOUNCES 2017 4th QUARTER AND FULL YEAR RESULTS ~ Reports a Comparable Store Sales Increase of 3.0% ~ ~ 4th Quarter GAAP Operating Income of $5.0 Million, Exceeds High End of Guidance Range ~ ~ Reports Full Year EBITDA of $2

EX-99.1 2 a18-89091ex99d1.htm EX-99.1 Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES 2017 4th QUARTER AND FULL YEAR RESULTS ~ Reports a Comparable Store Sales Increase of 3.0% ~ ~ 4th Quarter GAAP Operating Income of $5.0 Million, Exceeds High End of Guidance Range ~ ~ Reports Full Year EBITDA of $29.7 Million Increasing $21.1 Million from Last Year ~ ~ Reports Cash of $90.9 Mi

NWY / New York & Company, Inc. / Philotimo Fund, LP Activist Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D (Rule 13d-101) INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO § 240.13d-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO § 240.13d-2(a) (Amendment No. 3)1 New York & Company, Inc. (Name of Issuer) Common Stock, par value $0.001 per share (Title of Class of Securities) 649295102 (CUSIP Number) Mr. David L.

NWY / New York & Company, Inc. / NORTH RUN CAPITAL, LP - SC 13 Passive Investment

SC 13 SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 13G/A (Rule 13d-102) (Amendment No.

POWER OF ATTORNEY

EX-24.1 EXHIBIT 24-1 POWER OF ATTORNEY I hereby constitute and appoint Sarah L. Filion, as my true and lawful attorney-in-fact to: (1) execute for and on my behalf, in my capacity as a member of North Run Advisors, LLC and in my individual capacity, statements of beneficial ownership required to be filed with the Securities and Exchange Commission on Schedule 13D and Schedule 13G, together with an

POWER OF ATTORNEY

EX-24.2 EXHIBIT 24-2 POWER OF ATTORNEY I hereby constitute and appoint Sarah L. Filion, as my true and lawful attorney-in-fact to: (1) execute for and on my behalf, in my capacity as a member of North Run Advisors, LLC and in my individual capacity, statements of beneficial ownership required to be filed with the Securities and Exchange Commission on Schedule 13D and Schedule 13G, together with an

Regulation FD Disclosure, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 8, 2018 NEW YORK & COMPANY, INC.

NEW YORK & COMPANY, INC. COMMENTS ON HOLIDAY PERFORMANCE AND FOURTH QUARTER OUTLOOK ~ Fourth Quarter Operating Income Continues to be Expected in the Range of $2M - $4M ~

Exhibit 99.1 FINAL: For Release NEW YORK & COMPANY, INC. COMMENTS ON HOLIDAY PERFORMANCE AND FOURTH QUARTER OUTLOOK ~ Fourth Quarter Operating Income Continues to be Expected in the Range of $2M - $4M ~ New York, New York ? January 8, 2018 ? New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 459 retail stores, today commented on its holiday performance and fourth quarter fiscal ye

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 3, 2018 NEW YORK & COMPANY, INC.

NWY / New York & Company, Inc. 10-Q (Quarterly Report)

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q ý QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the quarterly period ended October 28, 2017 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the transition period from to .

NEW YORK & COMPANY, INC. ANNOUNCES 2017 THIRD QUARTER RESULTS AND INTRODUCES Q4 GUIDANCE ~ Comparable Store Sales Increase of 2.2% ~ ~ Highest Third Quarter Operating Income Since 2007 ~ ~ GAAP Operating Income of $0.6 Million Improving by $2.7 Milli

Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES 2017 THIRD QUARTER RESULTS AND INTRODUCES Q4 GUIDANCE ~ Comparable Store Sales Increase of 2.2% ~ ~ Highest Third Quarter Operating Income Since 2007 ~ ~ GAAP Operating Income of $0.6 Million Improving by $2.7 Million Compared to Last Year ~ ~ Non-GAAP Operating Income of $1.3 Million Improving by $3.8 Million Compared to Last Year

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K 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 29, 2017 NEW YORK & COMPANY, INC.

NEW YORK & COMPANY, INC. ANNOUNCES ACQUISTION OF FASHION TO FIGURE ~ Entered an agreement to acquire all intellectual property and select other assets~

Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES ACQUISTION OF FASHION TO FIGURE ~ Entered an agreement to acquire all intellectual property and select other assets~ New York, New York — November 27, 2017 — New York & Company, Inc. [NYSE:NWY] (the “Company”), a specialty women’s apparel chain with 459 retail stores, today announced that it has entered into an asset purchase agree

Regulation FD Disclosure, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K 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 28, 2017 NEW YORK & COMPANY, INC.

NWY / New York & Company, Inc. / Philotimo Fund, LP Activist Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D (Rule 13d-101) INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO § 240.13d-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO § 240.13d-2(a) (Amendment No. 2)1 NEW YORK & COMPANY, INC. (Name of Issuer) Common Stock, par value $0.001 per share (Title of Class of Securities) 649295102 (CUSIP Number) Mr. David L.

NWY / New York & Company, Inc. 10-Q (Quarterly Report)

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q ý QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the quarterly period ended July 29, 2017 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the transition period from to .

NEW YORK & COMPANY, INC. ANNOUNCES 2017 SECOND QUARTER RESULTS AND INTRODUCES Q3 GUIDANCE ~ Highest Second Quarter Operating Income Since 2008 ~ ~ GAAP Operating Income of $5.2 Million Improving by $3.8 Million Compared to Last Year ~ ~ Gross Profit

Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES 2017 SECOND QUARTER RESULTS AND INTRODUCES Q3 GUIDANCE ~ Highest Second Quarter Operating Income Since 2008 ~ ~ GAAP Operating Income of $5.2 Million Improving by $3.8 Million Compared to Last Year ~ ~ Gross Profit Margin Improves by 180 Basis Points to Highest Level Since 2005 ~ New York, New York ? August 17, 2017 ? New York & Co

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 17, 2017 NEW YORK & COMPANY, INC.

NWY / New York & Company, Inc. / Kanen Wealth Management LLC - SC 13D/A Activist Investment

SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 SCHEDULE 13D (Rule 13d-101) INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO RULE 13d-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO RULE 13d-2(a) Under the Securities Exchange Act of 1934 (Amendment No.

Regulation FD Disclosure

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 13, 2017 NEW YORK & COMPANY, INC.

Other Events

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 29, 2017 NEW YORK & COMPANY, INC.

New York SC TO-I/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (Amendment No. 2) (Rule 13e-4) TENDER OFFER STATEMENT UNDER SECTION 14(d)(1) OR SECTION 13(e)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 NEW YORK & COMPANY, INC. (Name of Subject Company (Issuer) and Filing Person (Offeror)) CERTAIN OPTIONS TO PURCHASE COMMON STOCK, PAR VALUE $0.001 PER SHARE AND CERTAIN STOCK APPRE

Submission of Matters to a Vote of Security Holders

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 20, 2017 NEW YORK & COMPANY, INC.

New York SC TO-I

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (Rule 13e-4) TENDER OFFER STATEMENT UNDER SECTION 14(d)(1) OR SECTION 13(e)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 NEW YORK & COMPANY, INC. (Name of Subject Company (Issuer) and Filing Person (Offeror)) CERTAIN OPTIONS TO PURCHASE COMMON STOCK, PAR VALUE $0.001 PER SHARE AND CERTAIN STOCK APPRECIATION RIGHTS (Ti

June 16, 2017

Exhibit (a)(1)(ix) June 16, 2017 To: New York & Company Associates Eligible for the Stock Appreciation Right and Option Exchange Program There are just 14 days left for you to elect to participate in the New York & Company Stock Appreciation Right and Option Exchange Program (the ?Exchange Program?).

Offer Letter and Employment Letter, dated as of October 27, 2016, between New York & Company, Inc. and Michelle Pearlman.(h)

EX-10.1 2 a2232320zex-101.htm EX-10.1 Exhibit 10.1 October 27, 2016 (revised) Ms. Michelle Pearlman Dear Michelle: It is with a great deal of pleasure that we write this letter to formalize our invitation for you to join us as at New York & Company as our EVP, Chief Marketing and Digital Officer and Corporate Strategy as a member of our Executive Committee. We are pleased and excited at the prospe

New York 10-Q (Quarterly Report)

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the quarterly period ended April 29, 2017 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the transition period from to .

NEW YORK & COMPANY, INC. STOCK APPRECIATION RIGHT AND OPTION EXCHANGE PROGRAM ELECTION CONFIRMATION FORM

Exhibit (a)(1)(vii) NEW YORK & COMPANY, INC. STOCK APPRECIATION RIGHT AND OPTION EXCHANGE PROGRAM ELECTION CONFIRMATION FORM Associate Name: You recently elected to participate in the New York & Company Stock Appreciation Right and Option Exchange Program. The table below shows your Eligible Award grants that were submitted for exchange and the Replacement SARs that were granted in their place. Ne

June 1, 2017

Exhibit (a)(1)(iii) June 1, 2017 To New York & Company Associates Eligible to Participate in the Stock Appreciation Right and Option Exchange Program: The New York & Company Stock Appreciation Right and Option Exchange Program (the “Exchange Program”) opened today and is expected to close at 5:00 p.

June 1, 2017

Exhibit (a)(1)(iv) June 1, 2017 Dear New York & Company Associate, I am pleased to announce the commencement of the New York & Company Stock Appreciation Right and Option Exchange Program (the ?Exchange Program?).

NEW YORK & COMPANY, INC. STOCK APPRECIATION RIGHT AND OPTION EXCHANGE PROGRAM ELECTION FORM

Exhibit (a)(1)(ii) NEW YORK & COMPANY, INC. STOCK APPRECIATION RIGHT AND OPTION EXCHANGE PROGRAM ELECTION FORM Before signing this Election Form, please make sure you have received, read and understand the documents that make up this offer, including: (1) the Offering Memorandum related to our offer to exchange certain outstanding stock appreciation rights (“SARs”) and stock options for Replacemen

Provision Description Eligible Associates You will generally be eligible to participate in the Exchange Program if you are an active associate of New York & Company holding at least one Eligible Award as of: ? The day the Offer opens (June 1, 2017),

Exhibit (a)(1)(v) Highlights of the New York & Company Stock Appreciation Right and Option Exchange Program Introducing the Stock Appreciation Right and Option Exchange Program The Stock Appreciation Right and Option Exchange Program (the ?Exchange Program?) is a one-time offer to exchange certain Stock Appreciation Rights and Stock Options (the ?Eligible Awards?) for new Stock Appreciation Rights (the ?Replacement SARs?) to receive fewer shares at a lower exercise price.

June 26, 2017

Exhibit (a)(1)(vi) June 26, 2017 To: New York & Company Associates Eligible for the Stock Appreciation Right and Option Exchange Program There are just 4 days left for you to elect to participate in the New York & Company Stock Appreciation Right and Option Exchange Program (the ?Exchange Program?).

NEW YORK & COMPANY, INC. OFFERING MEMORANDUM RELATING TO OUR OFFER TO EXCHANGE CERTAIN OUTSTANDING STOCK APPRECIATION RIGHTS AND CERTAIN OPTIONS TO PURCHASE COMMON STOCK FOR REPLACEMENT STOCK APPRECIATION RIGHTS THIS OFFER AND ALL WITHDRAWAL RIGHTS E

Use these links to rapidly review the document TABLE OF CONTENTS Exhibit (a)(1)(i) NEW YORK & COMPANY, INC.

New York SC TO-I

QuickLinks - Click here to rapidly navigate through this document UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

New York SD

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM SD Specialized Disclosure Report NEW YORK & COMPANY, INC. (Exact name of registrant as specified in its charter) Delaware 1-32315 33-1031445 (State or other jurisdiction of incorporation or organization) (Commission File Number) (I.R.S. Employer Identification No.) 330 West 34th Street, 9th Floor, New York, New York 10001

New York SC TO-I

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (Rule 13e-4) TENDER OFFER STATEMENT UNDER SECTION 14(d)(1) OR SECTION 13(e)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 NEW YORK & COMPANY, INC. (Name of Subject Company (Issuer) and Filing Person (Offeror)) CERTAIN OPTIONS TO PURCHASE COMMON STOCK, PAR VALUE $0.001 PER SHARE AND CERTAIN STOCK APPRECIATION RIGHTS (Ti

New York DEF 14A

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

New York SC TO-C

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE TO (Rule 13e-4) TENDER OFFER STATEMENT UNDER SECTION 14(d)(1) OR SECTION 13(e)(1) OF THE SECURITIES EXCHANGE ACT OF 1934 NEW YORK & COMPANY, INC. (Name of Subject Company (Issuer) and Filing Person (Offeror)) OPTIONS TO PURCHASE COMMON STOCK, PAR VALUE $0.001 PER SHARE (Title of Class of Securities) 649295102 (Cusip N

New York PRE 14A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 14A Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 (Amendment No. ) Filed by the Registrant x Filed by a Party other than the Registrant o Check the appropriate box: x Preliminary Proxy Statement o Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) o Defin

New York 8-K (Current Report/Significant Event)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 18, 2017 NEW YORK & COMPANY, INC.

NEW YORK & COMPANY, INC. ANNOUNCES 2017 FIRST QUARTER RESULTS AND INTRODUCES Q2 GUIDANCE ~ GAAP Operating Results Improved by $1.5 Million Compared to Last Year ~ ~ Non-GAAP Operating Results Improved by $3.1 Million Compared to Last Year ~ ~ Gross P

Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES 2017 FIRST QUARTER RESULTS AND INTRODUCES Q2 GUIDANCE ~ GAAP Operating Results Improved by $1.5 Million Compared to Last Year ~ ~ Non-GAAP Operating Results Improved by $3.1 Million Compared to Last Year ~ ~ Gross Profit Margin Improves by 300 Basis Points to Highest Level Since 2008 ~ ~ Cash On-Hand of $75 Million, or $1.19 Per Sh

Amendment No. 7 to Transition Services Agreement, dated as of November 27, 2002, between Lerner New York Holding, Inc., New York & Company, Inc. as successor-in-interest to NY & Co. Group, Inc. and Limited Brands, Inc., as amended on December 26, 2016.(g)

QuickLinks - Click here to rapidly navigate through this document Exhibit 10.12 SEVENTH AMENDMENT TO TRANSITION SERVICES AGREEMENT This SEVENTH AMENDMENT TO TRANSITION SERVICES AGREEMENT ("Amendment"), dated December 26 2016 and deemed effective as of January 29th 2017, is made and entered into by and between L Brands, Inc., f/k/a Limited Brands, Inc. ("L Brands"), and Lerner New York Holding, Inc

New York 10-K (Annual Report)

Use these links to rapidly review the document TABLE OF CONTENTS New York & Company, Inc.

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 16, 2017 NEW YORK & COMPANY, INC.

NEW YORK & COMPANY, INC. ANNOUNCES 2016 FOURTH QUARTER AND FISCAL YEAR RESULTS ~ Reports a Comparable Store Sales Decrease of 0.4% ~ ~ GAAP Operating Loss of $9.2 Million Including a $6.2 Million One-Time Charge ~ ~ Non-GAAP Operating Loss of $3 Mill

Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES 2016 FOURTH QUARTER AND FISCAL YEAR RESULTS ~ Reports a Comparable Store Sales Decrease of 0.4% ~ ~ GAAP Operating Loss of $9.2 Million Including a $6.2 Million One-Time Charge ~ ~ Non-GAAP Operating Loss of $3 Million In Line With Prior Guidance ~ New York, New York ? March 16, 2017 ? New York & Company, Inc. [NYSE:NWY], a special

POWER OF ATTORNEY

EX-24.1 EXHIBIT 24-1 POWER OF ATTORNEY I hereby constitute and appoint Sarah L. Filion, as my true and lawful attorney-in-fact to: (1) execute for and on my behalf, in my capacity as a member of North Run Advisors, LLC and in my individual capacity, statements of beneficial ownership required to be filed with the Securities and Exchange Commission on Schedule 13D and Schedule 13G, together with an

NWY / New York & Company, Inc. / NORTH RUN CAPITAL, LP - SC 13G/A Passive Investment

SC 13G/A SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 SCHEDULE 13G/A (Rule 13d-102) (Amendment No.

POWER OF ATTORNEY

EX-24.2 EXHIBIT 24-2 POWER OF ATTORNEY I hereby constitute and appoint Sarah L. Filion, as my true and lawful attorney-in-fact to: (1) execute for and on my behalf, in my capacity as a member of North Run Advisors, LLC and in my individual capacity, statements of beneficial ownership required to be filed with the Securities and Exchange Commission on Schedule 13D and Schedule 13G, together with an

NEW YORK & COMPANY, INC. COMMENTS ON HOLIDAY PERFORMANCE AND FOURTH QUARTER OUTLOOK

Exhibit 99.1 FINAL: For Release NEW YORK & COMPANY, INC. COMMENTS ON HOLIDAY PERFORMANCE AND FOURTH QUARTER OUTLOOK New York, New York ? January 10, 2017 ? New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 483 retail stores, today commented on its holiday performance and fourth quarter fiscal year 2016 outlook ahead of its presentation at the 19th Annual ICR Conference. Comparabl

Regulation FD Disclosure, Financial Statements and Exhibits

8-K 1 a17-179818k.htm 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 10, 2017 NEW YORK & COMPANY, INC. (Exact name of registrant as specified in its charter) DELAWARE (State or other jurisdiction of incorporation) 1-3231

New York 10-Q (Quarterly Report)

nwyCurrentFolio10Q Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10?Q ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the quarterly period ended October 29, 2016 OR ? TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the transition period from to .

NEW YORK & COMPANY, INC. ANNOUNCES 2016 THIRD QUARTER RESULTS AND INTRODUCES Q4 GUIDANCE

Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES 2016 THIRD QUARTER RESULTS AND INTRODUCES Q4 GUIDANCE New York, New York ? November 30, 2016 ? New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 483 retail stores, today announced results for the third quarter ended October 29, 2016. Gregory Scott, New York & Company?s CEO stated: ?In the third quarter we delivere

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K 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 30, 2016 NEW YORK & COMPANY, INC.

New York 8-K (Current Report/Significant Event)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K 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 8, 2016 NEW YORK & COMPANY, INC.

NEW YORK & COMPANY APPOINTS MICHELLE PEARLMAN AS EVP, ECOMMERCE AND CHIEF MARKETING OFFICER

Exhibit 99.1 NEW YORK & COMPANY APPOINTS MICHELLE PEARLMAN AS EVP, ECOMMERCE AND CHIEF MARKETING OFFICER FINAL: FOR RELEASE New York, New York ? November 8, 2016 ? New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 483 retail stores, today announced that Michelle Pearlman has been named to the position of Executive Vice President, eCommerce and Chief Marketing Officer, effective N

New York 8-K (Current Report/Significant Event)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K 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 7, 2016 NEW YORK & COMPANY, INC.

Second Amended and Restated Private Label Credit Card Program Agreement By and Among Comenity Bank and New York & Company, Inc., Lerner New York, Inc., and Nevada Receivable Factoring, Inc. dated as of July 14, 2016 (confidential treatment has been requested for portions of this agreement).(f)

EXHIBIT 10.1 EXECUTION VERSION THIS DOCUMENT HAS BEEN REDACTED AND IS SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST PURSUANT TO RULE 24b-2. REDACTED MATERIAL IS MARKED WITH [***] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. SECOND AMENDED AND RESTATED PRIVATE LABEL CREDIT CARD PROGRAM AGREEMENT BY AND AMONG COMENITY BANK AND NEW YORK & COMPANY, INC., AND LERNER NEW YORK

New York 10-Q (Quarterly Report)

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the quarterly period ended July 30, 2016 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the transition period from to .

NEW YORK & COMPANY, INC. ANNOUNCES 2016 SECOND QUARTER RESULTS AND INTRODUCES Q3 GUIDANCE ~ Operating Results at High End of Previously Issued Guidance ~

Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES 2016 SECOND QUARTER RESULTS AND INTRODUCES Q3 GUIDANCE ~ Operating Results at High End of Previously Issued Guidance ~ New York, New York ? August 18, 2016 ? New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 486 retail stores, today announced results for the second quarter ended July 30, 2016. Gregory Scott, New Y

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 18, 2016 NEW YORK & COMPANY, INC.

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 18, 2016 NEW YORK & COMPANY, INC.

NEW YORK & COMPANY, INC. ANNOUNCES 2016 SECOND QUARTER RESULTS AND INTRODUCES Q3 GUIDANCE ~ Operating Results at High End of Previously Issued Guidance ~

Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES 2016 SECOND QUARTER RESULTS AND INTRODUCES Q3 GUIDANCE ~ Operating Results at High End of Previously Issued Guidance ~ New York, New York ? August 18, 2016 ? New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 486 retail stores, today announced results for the second quarter ended July 30, 2016. Gregory Scott, New Y

New York 8-K (Current Report/Significant Event)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 14, 2016 NEW YORK & COMPANY, INC.

NEW YORK & COMPANY, INC. ANNOUNCES AUTHORIZATION OF SHARE REPURCHASE PROGRAM

Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES AUTHORIZATION OF SHARE REPURCHASE PROGRAM New York, New York ? July 14, 2016 ? New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 487 retail stores, today announced that its Board of Directors has authorized the repurchase of up to $5 million of the Company?s common stock over the next 12 months. Repurchases, if an

NEW YORK & COMPANY, INC. ANNOUNCES PRIVATE LABEL CREDIT CARD AGREEMENT WITH ALLIANCE DATA’S CARD SERVICES BUSINESS

Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES PRIVATE LABEL CREDIT CARD AGREEMENT WITH ALLIANCE DATA?S CARD SERVICES BUSINESS New York, New York ? July 14, 2016 ? New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 487 retail stores, today announced it has signed a private label credit card program agreement with Alliance Data Systems Corporation?s [NYSE: ADS]

Entry into a Material Definitive Agreement, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): July 14, 2016 NEW YORK & COMPANY, INC.

New York 8-K (Current Report/Significant Event)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 21, 2016 NEW YORK & COMPANY, INC.

New York 8-K/A (Current Report/Significant Event)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K/A (Amendment No.

Ernst & Young LLP

Exhibit 16.1 Ernst & Young LLP 5 Times Square New York, NY 10036 Tel: +1 212 773 3000 www.ey.com June 3, 2016 Securities and Exchange Commission 100 F Street, NE Washington, D.C. 20549 Ladies and Gentlemen: We have read Item 4.01 of Form 8-K/A dated June 3, 2016, of New York & Company, Inc. and are in agreement with the statements contained in the four paragraphs under (a) Dismissal of Independent

New York SD

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM SD Specialized Disclosure Report NEW YORK & COMPANY, INC. (Exact name of registrant as specified in its charter) Delaware 1-32315 33-1031445 (State or other jurisdiction of incorporation or organization) (Commission File Number) (I.R.S. Employer Identification No.) 330 West 34th Street, 9th Floor, New York, New York 10001

New York 10-Q (Quarterly Report)

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the quarterly period ended April 30, 2016 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the transition period from to .

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 19, 2016 NEW YORK & COMPANY, INC.

NEW YORK & COMPANY, INC. ANNOUNCES 2016 FIRST QUARTER RESULTS AND INTRODUCES Q2 GUIDANCE

Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES 2016 FIRST QUARTER RESULTS AND INTRODUCES Q2 GUIDANCE New York, New York ? May 19, 2016 ? New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 488 retail stores, today announced results for the first quarter ended April 30, 2016. Gregory Scott, New York & Company?s CEO stated: ?We began the quarter with positive sale

New York DEF 14A

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

8-K 1 a16-1060428k.htm 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 3, 2016 NEW YORK & COMPANY, INC. (Exact name of registrant as specified in its charter) DELAWARE (State or other jurisdiction of incorporation) 1-32315 (C

Ernst & Young LLP

Exhibit 16.1 Ernst & Young LLP 5 Times Square New York, NY 10036 Tel: +1 212 773 3000 www.ey.com May 5, 2016 Securities and Exchange Commission 100 F Street, NE Washington, D.C. 20549 Ladies and Gentlemen: We have read Item 4.01 of Form 8-K dated May 5, 2016, of New York & Company, Inc. and are in agreement with the statements contained in the four paragraphs under (a) Dismissal of Independent Reg

Financial Statements and Exhibits, Changes in Registrant's Certifying Accountant

8-K 1 a16-1060418k.htm 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 3, 2016 NEW YORK & COMPANY, INC. (Exact name of registrant as specified in its charter) DELAWARE (State or other jurisdiction of incorporation) 1-32315 (C

New York 10-K (Annual Report)

Use these links to rapidly review the document TABLE OF CONTENTS New York & Company, Inc.

NEW YORK & COMPANY, INC. ANNOUNCES INCREASED SALES AND PROFITABILITY FOR THE 2015 FOURTH QUARTER AND FISCAL YEAR ~ 4th Consecutive Quarter of Positive Comparable Store Sales Growth ~ ~ Comparable Store Sales Increased 1.9% in Fourth Quarter and 3.1%

Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES INCREASED SALES AND PROFITABILITY FOR THE 2015 FOURTH QUARTER AND FISCAL YEAR ~ 4th Consecutive Quarter of Positive Comparable Store Sales Growth ~ ~ Comparable Store Sales Increased 1.9% in Fourth Quarter and 3.1% in Full Year ~ ~ Introduces Q1 Guidance of Diluted EPS of $0.02 to $0.04 Per Share ~ Expects Positive Comps and Operat

New York 8-K (Current Report/Significant Event)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 17, 2016 NEW YORK & COMPANY, INC.

NWY / New York & Company, Inc. / Irving Place Capital Partners II, L.P. - SC 13G/A Passive Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 11)* New York & Company, Inc. (Name of Issuer) Common Stock, par value $0.001 per share (Title of Class of Securities) 649295102 (CUSIP Number) December 31, 2015 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate t

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 3, 2016 NEW YORK & COMPANY, INC.

NEW YORK & COMPANY, INC. COMMENTS ON HOLIDAY PERFORMANCE AND FOURTH QUARTER OUTLOOK ~ Fourth Consecutive Quarter of Positive Comps ~ ~ Updates Previously Issued Guidance ~

Exhibit 99.1 FINAL: For Release NEW YORK & COMPANY, INC. COMMENTS ON HOLIDAY PERFORMANCE AND FOURTH QUARTER OUTLOOK ~ Fourth Consecutive Quarter of Positive Comps ~ ~ Updates Previously Issued Guidance ~ New York, New York ? January 11, 2016 ? New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 507 retail stores, today commented on its holiday performance and fourth quarter fiscal

New York 8-K (Current Report/Significant Event)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 11, 2016 NEW YORK & COMPANY, INC.

New York 8-K (Current Report/Significant Event)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 5, 2016 NEW YORK & COMPANY, INC.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the quarterly period ended October 31, 2015 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the transition period from to .

New York 8-K (Current Report/Significant Event)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 2, 2015 NEW YORK & COMPANY, INC.

NEW YORK & COMPANY, INC. ANNOUNCES THIRD QUARTER 2015 RESULTS ~ 3rd Consecutive Quarter of Positive Comparable Store Sales Growth ~ ~ Comparable Store Sales Increased 4.9%; Highest Q3 Comp Since 2004 ~ ~ Introduces Q4 Guidance with Comparable Store S

Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES THIRD QUARTER 2015 RESULTS ~ 3rd Consecutive Quarter of Positive Comparable Store Sales Growth ~ ~ Comparable Store Sales Increased 4.9%; Highest Q3 Comp Since 2004 ~ ~ Introduces Q4 Guidance with Comparable Store Sales Increase and Improved Operating Results ~ New York, New York ? December 2, 2015 ? New York & Company, Inc. [NYSE:

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the quarterly period ended August 1, 2015 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the transition period from to .

New York 8-K (Current Report/Significant Event)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 20, 2015 NEW YORK & COMPANY, INC.

NEW YORK & COMPANY, INC. ANNOUNCES SECOND QUARTER 2015 RESULTS ~ Comparable Store Sales Increased 3.8% and Total Sales Increased 4.3%~ ~ Adjusted Operating Income Exceeds High End of Previous Guidance ~ ~ Introduces Q3 Guidance with Comparable Store

Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES SECOND QUARTER 2015 RESULTS ~ Comparable Store Sales Increased 3.8% and Total Sales Increased 4.3%~ ~ Adjusted Operating Income Exceeds High End of Previous Guidance ~ ~ Introduces Q3 Guidance with Comparable Store Sales Increase and Improved Operating Results ~ New York, New York ? August 20, 2015 ? New York & Company, Inc. [NYSE:

New York 8-K (Current Report/Significant Event)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 18, 2015 NEW YORK & COMPANY, INC.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the quarterly period ended May 2, 2015 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the transition period from to .

New York SD

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM SD Specialized Disclosure Report NEW YORK & COMPANY, INC. (Exact name of registrant as specified in its charter) Delaware 1-32315 33-1031445 (State or other jurisdiction of incorporation or organization) (Commission File Number) (I.R.S. Employer Identification No.) 330 West 34th Street, 9th Floor, New York, New York 10001

New York 8-K (Current Report/Significant Event)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 21, 2015 NEW YORK & COMPANY, INC.

NEW YORK & COMPANY, INC. ANNOUNCES FIRST QUARTER 2015 RESULTS ~ Comparable Store Sales Increased 1.8% ~ ~ Omni-Channel Drives Significant eCommerce Growth ~ ~ Introduces Q2 Guidance with Comparable Store Sales Increase and Earnings Growth ~

Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES FIRST QUARTER 2015 RESULTS ~ Comparable Store Sales Increased 1.8% ~ ~ Omni-Channel Drives Significant eCommerce Growth ~ ~ Introduces Q2 Guidance with Comparable Store Sales Increase and Earnings Growth ~ New York, New York ? May 21, 2015 ? New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 504 retail stores, toda

EX-24.TXT

POWER OF ATTORNEY For Executing and Filing Forms 3, 4 and 5 KNOW ALL BY THESE PRESENTS, that the undersigned hereby constitutes and appoints each of Linda Gormezano, Faeth Bradley, and Sheamus Toal and any present or future Secretary or Assistant Secretary of New York & Company, Inc.

New York DEF 14A

Use these links to rapidly review the document TABLE OF CONTENTS UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

New York 8-K (Current Report/Significant Event)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): May 4, 2015 NEW YORK & COMPANY, INC.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

Use these links to rapidly review the document TABLE OF CONTENTS Index to Financial Statements Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.

NEW YORK & COMPANY, INC. ANNOUNCES FOURTH QUARTER AND FISCAL YEAR 2014 RESULTS FOURTH QUARTER RESULTS CONSISTENT WITH GUIDANCE ~ Company Introduces Q1 FY15 Guidance ~

Exhibit 99.1 FINAL: For Release NEW YORK & COMPANY, INC. ANNOUNCES FOURTH QUARTER AND FISCAL YEAR 2014 RESULTS FOURTH QUARTER RESULTS CONSISTENT WITH GUIDANCE ~ Company Introduces Q1 FY15 Guidance ~ New York, New York ? March 19, 2015 ? New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 504 retail stores, today announced results for the fourth quarter and fiscal year ended January

New York 8-K (Current Report/Significant Event)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): March 19, 2015 NEW YORK & COMPANY, INC.

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): February 20, 2015 NEW YORK & COMPANY, INC.

NWY / New York & Company, Inc. S-8 - - S-8

S-8 1 a15-41302s8.htm S-8 As filed with the Securities and Exchange Commission on February 12, 2015 Registration No. 333- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Form S-8 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 NEW YORK & COMPANY, INC. (Exact Name of Registrant as Specified in Its Charter) Delaware 33-1031445 (State or Other Jurisdiction of (I.R.S. E

Form of Amended and Restated 2006 Long-Term Incentive Plan, as amended and restated on June 21, 2014, approved by the Company's Stockholders on June 21, 2014.***

Exhibit 4.1 New York & Company, Inc. Amended and Restated 2006 Long-Term Incentive Plan, as amended and restated on June 16, 2014 NEW YORK & COMPANY, INC. AMENDED AND RESTATED 2006 LONG-TERM INCENTIVE PLAN, AS AMENDED AND RESTATED ON JUNE 16, 2014 ARTICLE I ESTABLISHMENT, PURPOSE AND TERM 1.1 Establishment. The New York & Company, Inc. Amended and Restated 2006 Long-Term Incentive Plan, as amended

NWY / New York & Company, Inc. / Crystal Richard P - SC 13G/A Passive Investment

SC 13G/A 1 a15-41301sc13ga.htm SC 13G/A UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G (Rule 13d-102) Under the Securities Exchange Act of 1934 (Amendment No. 10)* New York & Company, Inc. (Name of Issuer) Common Stock, par value $0.001 per share (Title of Class of Securities) 649295102 (CUSIP Number) December 31, 2014 (Date of Event Which Requires Filing of t

NEW YORK & COMPANY, INC. COMMENTS ON HOLIDAY PERFORMANCE AND FOURTH QUARTER OUTLOOK

Exhibit 99.1 Final: For Release NEW YORK & COMPANY, INC. COMMENTS ON HOLIDAY PERFORMANCE AND FOURTH QUARTER OUTLOOK New York, New York — January 12, 2015 — New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 512 retail stores, today commented on its holiday performance and fourth quarter fiscal year 2014 outlook ahead of its presentation at the ICR XChange Conference. Comparable st

Regulation FD Disclosure, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 12, 2015 NEW YORK & COMPANY, INC.

Offer Letter and Employment Letter, dated as of October 24, 2014, between New York & Company, Inc. and John Worthington.(e)

Exhibit 10.1 October 15, 2014 Mr. John Worthington Dear John: It is with a great deal of pleasure that we write this letter to formalize our invitation for you to join us as a senior executive at New York & Company in the position of President, COO. We are also inviting you to serve as a member of our Executive Committee. We are pleased and excited at the prospect of having you as our partner. The

Fourth Amended and Restated Loan and Security Agreement made by and among Lerner New York, Inc., Lernco, Inc. and Lerner New York Outlet, Inc., wholly-owned indirect subsidiaries of New York & Company, Inc., and Wells Fargo Bank, N.A., as Agent and Sole Lender, dated as of October 24, 2014.(e)

Exhibit 10.2 [Execution] FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT by and among LERNER NEW YORK, INC., LERNCO, INC. and LERNER NEW YORK OUTLET, INC., as Borrowers, NEW YORK & COMPANY, INC., NEVADA RECEIVABLE FACTORING, INC., LERNER NEW YORK HOLDING, INC., LERNER NEW YORK GC, LLC and NEW YORK & COMPANY STORES, INC., as Guarantors, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrat

Amendment No. 1 to Second Amended and Restated Collateral Assignment of Trademarks made among Lernco, Inc. and Lerner New York Outlet, Inc. in favor of Wells Fargo Bank, N.A., as Agent for itself and Sole Lender named in the Fourth Amended and Restated Loan and Security Agreement, dated as of October 24, 2014.(e)

EX-10.4 5 a2222427zex-104.htm EX-10.4 Exhibit 10.4 [Execution] AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED COLLATERAL ASSIGNMENT OF TRADEMARKS (SECURITY AGREEMENT) This AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED COLLATERAL ASSIGNMENT OF TRADEMARKS (SECURITY AGREEMENT) (this “Amendment”), dated October 24, 2014, is made among LERNCO, INC., a Delaware corporation (“Lernco”), and LERNER NEW YO

Copyright Collateral Assignment and Security Agreement made by and among Lernco Inc. and New York & Company, Inc., and Wells Fargo Bank, N.A., as Agent for itself and Sole Lender named in the Fourth Amended and Restated Loan and Security Agreement, dated October 24, 2014.(e)

Exhibit 10.6 [Execution] COPYRIGHT COLLATERAL ASSIGNMENT AND SECURITY AGREEMENT THIS AGREEMENT (?Agreement?), dated as of October 24, 2014, is by and among Lernco, Inc., a Delaware corporation (?Lernco?), New York & Company, Inc., a Delaware corporation (?NY&Co? and together with Lernco, collectively, ?Debtor?), with the chief executive offices at 1105 North Market Street, Suite 1056, Wilmington,

Amendment No. 1 to Amended and Restated Collateral Assignment of Trademarks made among Lerner New York, Inc. in favor of Wells Fargo Bank, N.A., as Agent for itself and Sole Lender named in the Fourth Amended and Restated Loan and Security Agreement, dated as of October 24, 2014.(e)

Exhibit 10.5 [Execution] AMENDMENT NO. 1 TO AMENDED AND RESTATED COLLATERAL ASSIGNMENT OF TRADEMARKS (SECURITY AGREEMENT) This AMENDMENT NO. 1 TO AMENDED AND RESTATED COLLATERAL ASSIGNMENT OF TRADEMARKS (SECURITY AGREEMENT) (this ?Amendment?), dated October 24, 2014, is made among LERNER NEW YORK, INC., a Delaware corporation (?Pledgor?), with an office at 450 West 33rd Street, New York, New York

Post-Closing Letter to the Fourth Amended and Restated Loan and Security Agreement made by and among Lerner New York, Inc., Lernco, Inc. and Lerner New York Outlet, Inc., wholly-owned indirect subsidiaries of New York & Company, Inc., and Wells Fargo Bank, N.A., as Agent and Sole Lender, dated as of October 24, 2014.(e)

Exhibit 10.3 [Execution] POST-CLOSING LETTER October 24, 2014 Wells Fargo Bank, National Association as Agent One Boston Place, 19th Floor Boston, Massachusetts 02108 Attention: Ms. Danielle Baldinelli Ladies and Gentlemen: Wells Fargo Bank, National Association, in its capacity as agent pursuant to the Loan Agreement (as hereinafter defined) acting for and on behalf of the parties thereto as lend

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q

Use these links to rapidly review the document TABLE OF CONTENTS UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the quarterly period ended November 1, 2014 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the transition period from to .

Patent Collateral Assignment and Security Agreement made by and among Lerner New York, Inc. and New York & Company, Inc., and Wells Fargo Bank, N.A. as Agent for itself and Sole Lender named in the Fourth Amended and Restated Loan and Security Agreement, dated October 24, 2014.(e)

Exhibit 10.7 [Execution] PATENT COLLATERAL ASSIGNMENT AND SECURITY AGREEMENT THIS AGREEMENT (“Agreement”), dated as of October 24, 2014, is by and among Lerner New York, Inc., a Delaware corporation (“Lerner”), New York & Company, Inc., a Delaware corporation (“NY&Co” and together with Lerner, collectively, “Debtor”), with the chief executive offices at 450 West 33rd Street, New York, New York 100

NEW YORK & COMPANY, INC. ANNOUNCES THIRD QUARTER 2014 RESULTS ~ Company Introduces Q4 FY14 Guidance ~ ~ Company Announces Organizational Restructuring Reducing $9M-$10M in Expense ~

Exhibit 99.1 Final: For Release NEW YORK & COMPANY, INC. ANNOUNCES THIRD QUARTER 2014 RESULTS ~ Company Introduces Q4 FY14 Guidance ~ ~ Company Announces Organizational Restructuring Reducing $9M-$10M in Expense ~ New York, New York — December 3, 2014 — New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 512 retail stores, today announced results for the third quarter ended Novembe

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 3, 2014 NEW YORK & COMPANY, INC.

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K 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 4, 2014 NEW YORK & COMPANY, INC.

NEW YORK & COMPANY, INC. REPORTS PRELIMINARY THIRD QUARTER SALES AND UPDATES THIRD QUARTER GUIDANCE ~ Amended Credit Facility with More Favorable Terms and Secured Term Loan Financing ~

Exhibit 99.1 NEW YORK & COMPANY, INC. REPORTS PRELIMINARY THIRD QUARTER SALES AND UPDATES THIRD QUARTER GUIDANCE ~ Amended Credit Facility with More Favorable Terms and Secured Term Loan Financing ~ New York, New York — November 4, 2014 — New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 512 retail stores, today provided preliminary third quarter sales and updated its outlook for

Regulation FD Disclosure, Financial Statements and Exhibits

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K 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 4, 2014 NEW YORK & COMPANY, INC.

JOHN WORTHINGTON JOINS NEW YORK & COMPANY AS PRESIDENT & CHIEF OPERATING OFFICER

Exhibit 99.1 Final: For Release JOHN WORTHINGTON JOINS NEW YORK & COMPANY AS PRESIDENT & CHIEF OPERATING OFFICER New York, New York — November 4, 2014 — New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 512 retail stores, today announced that John Worthington has joined the Company, as President and Chief Operating Officer, effective immediately. Mr. Worthington will report to Gr

Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 24, 2014 NEW YORK & COMPANY, INC.

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): September 27, 2014 NEW YORK & COMPANY, INC.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q

Use these links to rapidly review the document TABLE OF CONTENTS Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q ? QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the quarterly period ended August 2, 2014 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 for the transition period from to .

Financial Statements and Exhibits, Results of Operations and Financial Condition

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 21, 2014 NEW YORK & COMPANY, INC.

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 18, 2014 NEW YORK & COMPANY, INC.

NEW YORK & COMPANY, INC. ANNOUNCES POSITIVE COMPARABLE STORE SALES AND BREAKEVEN OPERATING RESULTS FOR SECOND QUARTER FISCAL YEAR 2014 ~ Comparable Store Sales Increase 2.3% ~ ~ Operating Results Improve by $2.4M ~ ~ Company Introduces Q3 FY14 Guidan

EX-99.1 2 a14-195342ex99d1.htm EX-99.1 Exhibit 99.1 FINAL: FOR RELEASE NEW YORK & COMPANY, INC. ANNOUNCES POSITIVE COMPARABLE STORE SALES AND BREAKEVEN OPERATING RESULTS FOR SECOND QUARTER FISCAL YEAR 2014 ~ Comparable Store Sales Increase 2.3% ~ ~ Operating Results Improve by $2.4M ~ ~ Company Introduces Q3 FY14 Guidance ~ New York, New York — August 21, 2014 — New York & Company, Inc. [NYSE:NWY]

Submission of Matters to a Vote of Security Holders - 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 16, 2014 NEW YORK & COMPANY, INC.