EQUITABLE MORTGAGE OVER SECURITIESAshworth Inc • June 13th, 2003 • Men's & boys' furnishgs, work clothg, & allied garments
EXHIBIT 10(o)(8) LEASE AGREEMENTLease Agreement • January 29th, 1996 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • March 15th, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments
SECURITY AGREEMENT (GUARANTORS)Security Agreement • September 14th, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
Exhibit 10(x)(1) ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT ("ASSIGNMENT"), effective on April 1, 2004 ("EFFECTIVE DATE"), is executed by INNOVATIVE DEVELOPMENT ENTERPRISES, INC., a California corporation...Assignment and Assumption Agreement • June 14th, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
RECITALSLoan Agreement • March 17th, 2003 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments
SERVICING NO. 3180114 LOAN AGREEMENT Dated as of April 2, 2004Loan Agreement • June 14th, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments
and -Ashworth Inc • September 12th, 2003 • Men's & boys' furnishgs, work clothg, & allied garments
Exhibit 10(w)(1) PURCHASE AND SALE AGREEMENT by and between ASHWORTH, INC., a Delaware corporationPurchase and Sale Agreement • March 15th, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
BACKGROUNDAgreement • January 29th, 2001 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
EXHIBIT 10(f) EMPLOYMENT AGREEMENT This Employment Agreement (the "Agreement") is effective as of December 15, 2000 (the "Effective Date"), and is entered into by and between Terence W. Tsang ("Tsang") and Ashworth, Inc., a Delaware corporation (the...Employment Agreement • March 16th, 2001 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
Exhibit 10(z)(5) DEED OF HYPOTHEC ON THE UNIVERSALITY OF MOVABLE PROPERTY BETWEEN: ASHWORTH, INC., a Delaware corporation, having its head office at 2765 Loker Avenue West, Carlsbad, California, 92008, U.S.A. (the "GRANTOR") AND: UNION BANK OF...Ashworth Inc • September 14th, 2004 • Men's & boys' furnishgs, work clothg, & allied garments • Quebec
RECITALSBusiness Loan Agreement • March 17th, 2003 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments
EXHIBIT 99.1 RIGHTS AGREEMENT ASHWORTH, INC. and AMERICAN SECURITIES TRANSFER & TRUST, INC. as Rights Agent RIGHTS AGREEMENT dated as of October 6, 1998 TABLE OF CONTENTS 1. Certain Definitions. . 1 2. Appointment of Rights Agent. . . . . . . . . . ....Rights Agreement • October 9th, 1998 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • Delaware
Exhibit 10(i)(3) SECURITY AGREEMENT 1. THE SECURITY. The undersigned, Ashworth, Inc. (the "Pledgor") hereby assigns and grants to Bank of America, N.A. as Administrative Agent (the "Agent") on behalf of the Lenders as defined in the Credit Agreement...Security Agreement • June 13th, 2003 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
PROMISSORY NOTEAshworth Inc • July 21st, 2004 • Men's & boys' furnishgs, work clothg, & allied garments • Georgia
THIS PROMISSORY NOTE IS SUBJECT TO THE PROVISIONS OF THAT CERTAIN SUBORDINATION AGREEMENT DATED JULY 6, 2004 BY AND BETWEEN W.C. BRADLEY CO. AND UNION BANK OF CALIFORNIA, N.A. ("AGENT"), AS ADMINISTRATIVE AGENT AND A LENDER, FOR ITSELF AND ON BEHALF OF CERTAIN LENDERS (COLLECTIVELY, THE "LENDERS") FROM TIME TO TIME PARTY TO THAT CERTAIN REVOLVING/TERM LOAN CREDIT AGREEMENT DATED AS OF JULY 6, 2004 BY AND BETWEEN AGENT, THE LENDERS AND ASHWORTH, INC.
WITNESSETH THATExecutive Employment Agreement • July 21st, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • Georgia
FIRST AMENDMENT TO REVOLVING/TERM LOAN CREDIT AGREEMENTCredit Agreement • September 14th, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments
Exhibit 10(z)(1) REVOLVING/TERM LOAN CREDIT AGREEMENT Dated as of July 6, 2004Assignment and Assumption Agreement • September 14th, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
I. DEFINITIONSPromotion Agreement • March 17th, 2003 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
EQUITABLE MORTGAGE OVER SECURITIESAshworth Inc • September 14th, 2004 • Men's & boys' furnishgs, work clothg, & allied garments
RECITALSLicense Agreement • January 29th, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
Exhibit 10(w)(3) ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT (this " Assignment"), dated for reference purposes only as of February 24, 2004, is entered into by and between LBA...Assignment and Assumption of Purchase and Sale Agreement • March 15th, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
BACKGROUNDPersonal Services Agreement • January 29th, 1999 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
Letter of Credit Number Amount 1029608 $ 13,665.01 1030173 $ 173,234.25 1031946 $ 2,609.85 1032019 $ 52,947.37 1032592 $ 68,961.35 1032752 $ 270,417.60 1032952 $ 165,207.00 1032955 $ 131,839.20 1032951 $ 24,827.44 1032953 $ 1,122,265.94 1032954 $...Business Agreement • June 12th, 1998 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
EXHIBIT 99.1 MEMBERSHIP INTERESTS PURCHASE AGREEMENTMembership Interests Purchase Agreement • July 21st, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • Delaware
SECURITY AGREEMENT (BORROWER)Security Agreement • September 14th, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
Exhibit 10(s) May 1, 2003Agreement for Lease • June 13th, 2003 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments
AGREEMENT RE: CHANGE IN CONTROLAgreement Re: Change in Control • January 16th, 2007 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
This AGREEMENT RE: CHANGE IN CONTROL (this “Agreement”) is dated as of February 9, 2006 and is entered into by and between Greg Slack (“Executive”) and Ashworth, Inc., a Delaware corporation (the “Company”).
GUARANTYAshworth Inc • September 14th, 2004 • Men's & boys' furnishgs, work clothg, & allied garments • California
GEKKO BRANDS, LLC EMPLOYMENT AND NON-COMPETITION AGREEMENTEmployment and Non-Competition Agreement • June 12th, 2007 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • Delaware
THIS AGREEMENT (this “Agreement”) is made and entered into this 31st day of May, 2007 and is effective as of March 1, 2007 (the “Effective Date”), by and between GEKKO BRANDS, LLC (the “Company”), an Alabama limited liability company and a wholly-owned subsidiary of Ashworth Inc., a Delaware corporation (“Ashworth”), and Thomas Patrick Allison, Jr. (“Employee”). Company and Employee are sometimes referred to hereinafter as a “Party” or, collectively, the “Parties.”
BACKGROUNDChange in Control • January 29th, 2001 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
RECITALS:Environmental Indemnity Agreement • June 14th, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments
Exhibit 10(u) C#: 136825 L#: 136826 (KEY GRAPHIC) MASTER EQUIPMENT LEASE AGREEMENT --------------------------------------------------------------------- ----------- THIS MASTER EQUIPMENT LEASE AGREEMENT dated as of June 23, 2003 ("Master Lease") is...Master Equipment Lease Agreement • September 12th, 2003 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • New York
Exhibit 99.4 STATE OF ALABAMA COUNTY OF RUSSELL AMENDED AND RESTATED LEASE THIS AMENDED AND RESTATED LEASE is made and entered into this 6th day of July, 2004 (the "Commencement Date"), by and between 16 DOWNING, LLC, as Lessor, and GEKKO BRANDS, LLC,...Lease • July 21st, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments
