Common use of Sourcing Clause in Contracts

Sourcing. From the date of this Agreement until the earlier of (i) the date of termination of this Agreement and (ii) the Effective Time, the Company will not, and will cause of each of its Subsidiaries not to, commit or agree to purchase any apparel finished goods, or place any orders to have apparel finished goods manufactured on the Company’s behalf, unless (A) such commitment or agreement to purchase or order has been approved by Purchaser or (B) the Company has indicated its intent to make such commitment or agreement or order (with reasonable detail of the terms thereof, including the type of goods, number of units, price per unit and payment terms) to Purchaser (a “Sourcing Indication”), and the Company has not received a Qualified Sourcing Proposal from Purchaser prior to the Counter Sourcing Expiration Date with respect to such Sourcing Indication.