ARTICLE 1 DEFINITIONS AND INCORPORATION BY REFERENCE Section 1.01. Definitions 1 Section 1.02. Other Definitions 13 Section 1.03. Incorporation by Reference of Trust Indenture Act 13 Section 1.04. Rules of Construction 14 ARTICLE 2 THE NOTESIndenture • September 25th, 1997 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton • New York
TABLE OF CONTENTS SECTION 1 DEFINITIONS 1 1.1 Definitions. 1 1.2 Computation of Time Periods. 26 1.3 Accounting Terms. 26 SECTION 2 CREDIT FACILITIES 27 2.1 Revolving Loans. 27 2.2 Letter of Credit Subfacility. 29 2.3 Swingline Loan Subfacility. 34...Credit Agreement • September 25th, 1997 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton • North Carolina
LEASELease • September 30th, 1999 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton
CREDIT AGREEMENT Dated as of August 25, 1997 among DELTA WOODSIDE INDUSTRIES, INC., as Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER FROM TIME TO TIME PARTY HERETO, as Guarantors, THE SEVERAL LENDERS FROM TIME TO TIME PARTY HERETO AND NATIONSBANK,...Credit Agreement • September 25th, 1997 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton • North Carolina
PART I DEFINITIONS Subpart 1.1 General Definitions. Unless otherwise defined herein or the context otherwise requires, terms used in this Amendment, including the preamble and recitals, have the meanings provided in the Existing Credit Agreement.Credit Agreement • September 25th, 1998 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton
AMENDMENT AGREEMENTAmendment Agreement • September 29th, 1995 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton
ASSET PURCHASE AGREEMENT This Asset Purchase Agreement ("AGREEMENT") is made as of January 27, 2005, by and between Delta Mills, Inc., a Delaware corporation ("SELLER"), and Gibbs International, Inc., a South Carolina corporation ("BUYER"). RECITALS....Asset Purchase Agreement • February 15th, 2005 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton • South Carolina
AMENDMENT TO ------------ PURCHASE AND SALE AGREEMENT ---------------------------Purchase and Sale Agreement • February 20th, 2007 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton
EXHIBIT 10.17.2 AMENDMENT TO TAX SHARING AGREEMENT THIS AMENDMENT TO TAX SHARING AGREEMENT (this "Amendment") is made and entered into as of August 6, 2001, by and among DELTA WOODSIDE INDUSTRIES, INC., a South Carolina corporation (together with its...Tax Sharing Agreement • September 27th, 2001 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton • Delta
September 30, 2005 DELTA MILLS, INC. 700 North Woods Drive Fountain Inn, SC 29644 Re: Waiver and Amendments Gentlemen: Reference is made to the Revolving Credit and Security Agreement, dated as of March 31, 2000 (as the same now exists or may...Revolving Credit and Security Agreement • September 30th, 2005 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton • New York
As of September 27, 2003 DELTA MILLS, INC. 100 Augusta Street Greenville, South Carolina 29601 Re: Wavier Gentlemen: Reference is made to the evolving Credit and Security Agreement dated as of March 31, 2003 (as the same now exists or may hereafter be...Waiver • November 12th, 2003 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton • New York
PART II AMENDMENTS TO EXISTING CREDIT AGREEMENTCredit Agreement • May 18th, 1998 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton
as of March 20, 2003 DELTA MILLS, INC. 100 Augusta Street Greenville, South Carolina 29601 Re: Consent and Amendment to Credit Agreement and Other Documents Gentlemen: Reference is made to the Revolving Credit and Security Agreement dated as of March...Credit Agreement • May 13th, 2003 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton
GENERAL SECURITY AGREEMENT This General Security Agreement ("Agreement"), dated as of March 31, 2000 is by DELTA MILLS MARKETING, INC., a Delaware corporation, having an office at 100 Augusta Street, Greenville, South Carolina 29601 ("Obligor"), in...General Security Agreement • April 13th, 2000 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton • New York
AMENDMENT NO. 1 TO SHAREHOLDER RIGHTS AGREEMENTShareholder Rights Agreement • April 3rd, 2000 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton • South Carolina
STOCK PLEDGE AND SECURITY AGREEMENT ----------------------------------- Stock Pledge and Security Agreement (this "Pledge Agreement"), dated as of May 11, 2000, by DELTA WOODSIDE INDUSTRIES, INC., having a place of business at 100 Augusta Street,...Stock Pledge and Security Agreement • September 29th, 2000 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton • New York
as of August 18, 2004 DELTA MILLS, INC. 100 Augusta Street Greenville, South Carolina 29601 Re: Amendment to Credit Agreement Gentlemen: Reference is made to the Revolving Credit and Security Agreement dated as of March 31, 2000 (as amended, restated,...Credit Agreement • October 19th, 2004 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton
andShareholder Rights Agreement • December 16th, 1999 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton • South Carolina
233 N. MAIN STREET GREENVILLE, SC 29601 June 14, 2000 BY FIRST CLASS MAIL ---------------------- The Rainsford Development Corporation P. O. Box 388 Edgefield, SC 29824 Re: Termination of Lease Agreement (the "Lease") by and between Delta Woodside...Termination of Lease Agreement • September 29th, 2000 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton
Exhibit 4.3.1.2Credit Agreement • May 14th, 2002 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton
THE DUCK HEAD DISTRIBUTION PARTIES TO THE DISTRIBUTION AGREEMENT Delta Woodside --------------- Delta Woodside is a South Carolina corporation with its principal executive offices located at 233 North Main Street, Suite 200, Greenville, South Carolina...Distribution Agreement • June 12th, 2000 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton
Exhibit 10.1 RATIFICATION AND AMENDMENT AGREEMENT ------------------------------------ This RATIFICATION AND AMENDMENT AGREEMENT ("Ratification Agreement") dated as of October 13, 2006, is by and among DELTA MILLS, INC., a Delaware corporation, as...Ratification and Amendment Agreement • October 19th, 2006 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton • New York
April 19, 2004 DELTA MILLS, INC. 100 Augusta Street Greenville, South Carolina 29601 Re: Waiver and Amendment to Credit Agreement and Other Documents Gentlemen: Reference is made to the Revolving Credit and Security Agreement dated as of March 31,...Credit Agreement • May 11th, 2004 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton
Re: WaiverWaiver • May 17th, 2005 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton • New York
October 18, 2004 DELTA MILLS, INC. 100 Augusta Street Greenville, South Carolina 29601 Re: Amendment to Credit Agreement Gentlemen: Reference is made to the Revolving Credit and Security Agreement dated as of March 31, 2000 (as amended, restated,...Credit Agreement • October 19th, 2004 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton
2. NO ADJUSTMENT FOR REORGANIZATION; LOSS OF ABILITY TO RECEIVE DELTA APPAREL AND DUCK HEAD STOCK. Notwithstanding any stock option grant letter or agreement, the terms of the Delta Woodside Industries, Inc. Stock Option Plan, or the terms of any...Amendment of Certain Rights and Benefits Relating to Stock Options and Deferred Compensation • September 29th, 2000 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton • South Carolina
STATE OF SOUTH CAROLINA ) TERMINATION OF ) STOCK TRANSFER RESTRICTIONS COUNTY OF GREENVILLE ) AND RIGHT OF FIRST REFUSAL This Termination of Stock Transfer Restrictions and Right of First Refusal ("Termination Agreement") is made as of this 14th day...Termination of Stock Transfer Restrictions and Right of First Refusal • September 29th, 2000 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton
SETTLEMENT AGREEMENT AND RELEASESettlement Agreement • July 19th, 2007 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton • Delaware
This Settlement Agreement and Release (hereinafter, the “Agreement”) is made and entered into by and between the above-captioned debtors and debtors-in-possession (the “Debtors”) and the Official Committee of Unsecured Creditors appointed in the Debtors’ cases (the “Committee”) on the one hand, and William F. Garrett, William H. Hardman, Jr., and Donald C. Walker (collectively, the “Executives”) on the other hand.
February 12, 1996 Delta Woodside Industries, Inc. 233 North Main Street Suite 200 Hammond Square Greenville, South Carolina 29601 Attention: President RE: Credit Agreement dated as of September 7, 1994 (the "Credit Agreement") by and among Delta...Credit Agreement • February 13th, 1996 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton
ContractAssignment • September 13th, 2007 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton
Exhibit 99.1 ASSIGNMENT This assignment ("Assignment") is effective as of August 29, 2007 ("Effective Date") by and between Gibbs International, Inc., a South Carolina corporation ("Assignor"), and DelWood LLC, a South Carolina limited liability company ("Assignee"). Recitals. Assignor entered into a Purchase and Sale Agreement dated June 27, 2007 with Delta Mills, Inc. (as amended, "PSA"), whereby Assignor obtained the right to purchase approximately 98.0 acres of real property located at 700 North Woods Drive, Fountain Inn, South Carolina 29644, which property is commonly known as the Beattie Plan property and is more particularly described in the PSA and all buildings, structures, facilities, fixtures and other improvements to that real property ("Property"). Pursuant to Section 1.1(a) of the PSA, Assignor may assign the right to purchase the Property to Assignor's designee. Assignor wishes to assign to Assignee all of its rights under the PSA. Now, Therefore, Assignor and Assignee
SECOND AMENDMENT AND WAIVER AGREEMENT THIS SECOND AMENDMENT AND WAIVER AGREEMENT (this "Agreement" or the Second Amendment and Waiver), dated as of December 20, 1996, is entered into by and among Delta Woodside Industries, Inc. (the "Borrower"), the...Amendment and Waiver Agreement • February 11th, 1997 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton
AGREEMENT RESPECTING DELTA WOODSIDE INDUSTRIES, INC. LONG TERM INCENTIVE PLAN This Agreement is entered into this _____ day of June, 2000 by and between Delta Woodside Industries, Inc. (the "Company") and the undersigned individual ("Participant")....Long Term Incentive Plan Agreement • September 29th, 2000 • Delta Woodside Industries Inc /Sc/ • Broadwoven fabric mills, cotton • South Carolina
