ContractCommercial Lease Agreement • March 8th, 2004 • Adams Golf Inc • Sporting & athletic goods, nec • Texas
SECOND AMENDMENT TO COMMERCIAL LEASE AGREEMENT THIS SECOND AMENDMENT TO COMMERCIAL LEASE AGREEMENT (this “Amendment”) is entered on and to be effective as of September 1, 2003, by and between CABOT INDUSTRIAL PROPERTIES, L.P., a Delaware limited partnership, as landlord (“Landlord”), and ADAMS GOLF, LTD., a Texas limited partnership, as tenant (“Tenant”). R E C I T A L S WHEREAS, Jackson-Shaw Technology Center II, Ltd. (“Original Landlord”) and Adams Golf, Inc. (“Original Tenant”), predecessor in interest to Tenant, entered into that certain Commercial Lease Agreement dated December 8, 1997, as amended by that certain Correction and Ratification Agreement dated August 11, 1998, between Arshaw Partners II, successor in interest to Original Landlord and predecessor in interest to Landlord, and Original Tenant (as amended, the “Lease”), pursuant to which Tenant leases from Landlord certain industrial space known as 2801 East Plano Parkway, Plano, Texas (the “leased Premises”); and WHEREAS
ContractCredit Agreement • March 8th, 2004 • Adams Golf Inc • Sporting & athletic goods, nec • Texas
CREDIT AGREEMENT This Credit Agreement (the “Agreement”) is entered into as of February 13, 2004, by and among ADAMS GOLF, INC., a Delaware corporation; ADAMS GOLF HOLDING CORP, a Delaware corporation; ADAMS GOLF GP CORP, a Delaware corporation; ADAMS GOLF, LTD., a Texas limited partnership; ADAMS GOLF IP, LP, a Delaware limited partnership; and ADAMS GOLF MANAGEMENT CORP, a Delaware corporation (the “Borrowers”), whose address is 2801 E. Plano Parkway, Plano, Texas, 75074 and BANK OF TEXAS, N.A. (“Lender”) whose address is 5956 Sherry Lane, Suite 1100, Dallas, Texas 75225. In consideration of Lender’s making the following described loans, the mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by each of the parties to this Agreement, Borrowers and Lender agree as follows: ARTICLE 1. DEFINED TERMS. “Affiliate” means, as to any Person, any other Person (a) that directly or indirectly, through one
ContractAdams Golf Inc • March 8th, 2004 • Sporting & athletic goods, nec
Exhibit 10.13 MUTUAL RELEASE THIS MUTUAL RELEASE is made this 24th day of February, 2004 by and between FIRST COMMUNITY FINANCIAL CORPORATION, an Arizona corporation (“FCFC”), and ADAMS GOLF, LTD., a Texas limited partnership (“Borrower”). RECITALS: A. Borrower and FCFC entered into that certain Accounts Receivable Security Agreement dated March 26, 2003 (“the Security Agreement”), evidencing a lending relationship between Borrower and FCFC. B. Such lending relationship arising under the Security Agreement between the parties has terminated, by expiration, cancellation, or otherwise, and the parties are desirous of documenting the termination and release from further rights or obligations of the parties under the Security Agreement or any instruments relating thereto. AGREEMENTS: NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Borrower and FCFC here
