Ashworth Inc Sample Contracts
EXHIBIT 10(o)(8) LEASE AGREEMENTLease Agreement • January 29th, 1996 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments
Standard Contracts
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
SECURITY AGREEMENT (GUARANTORS)Security Agreement • September 14th, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
and -Lease • September 12th, 2003 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments
PROMISSORY NOTEPromissory Note • July 21st, 2004 • Ashworth Inc • 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.
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
GUARANTYGuaranty • September 14th, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
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
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
RECITALSExchange Agreement • March 15th, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
EXHIBIT 10(o)(7) LEASE ASHWORTH STORE I, INC., A DELAWARE CORPORATION DBA ASHWORTHLease • January 29th, 1996 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments
Exhibit 10(s) May 1, 2003Lease Agreement • June 13th, 2003 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments
WITNESSETH THATExecutive Employment Agreement • July 21st, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • Georgia
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
BUSINESS LOAN AGREEMENT THIS AGREEMENT DATED AS OF JUNE 1, 2000, IS AMONG BANK OF AMERICA, N.A. (THE "BANK"), ASHWORTH, INC. ("ASHWORTH"), ASHWORTH STORE I, INC. ("ASHWORTH STORE 1"), ASHWORTH STORE II, INC. ("ASHWORTH STORE II"), ASHWORTH...Business Loan Agreement • June 14th, 2000 • 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
amongCredit Agreement • June 13th, 2003 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
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
BACKGROUNDChange in Control Agreement • January 29th, 2001 • 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
EXHIBIT 10(b) ASHWORTH, INC. AND A. JOHN NEWMAN PERSONAL SERVICES AGREEMENT AND ACKNOWLEDGMENT OF TERMINATION OF EXECUTIVE EMPLOYMENT THIS AGREEMENT (the "Agreement") effective May 31, 1999, is made and entered into by and between ASHWORTH, INC. (the...Personal Services Agreement • June 14th, 1999 • 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
SECURITY AGREEMENT (BORROWER)Security Agreement • September 14th, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • March 15th, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments
RECITALSBusiness Loan Agreement • March 17th, 2003 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments
EXHIBIT 10(a) ASHWORTH, INC. FIRST AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT OF RANDALL L. HERREL This First Amended and Restated Executive Employment Agreement ("Agreement") is effective as of February 22, 1999, and amends and restates the...Executive Employment Agreement • June 14th, 1999 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • California
FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • December 15th, 2006 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • Delaware
This Indemnification Agreement (this “Agreement”) is made as of the [ ] day of December, 2006, by and between Ashworth, Inc., a Delaware corporation (the “ Company ”) and (“ Indemnitee ”).
EXHIBIT 99.1 MEMBERSHIP INTERESTS PURCHASE AGREEMENTMembership Interests Purchase Agreement • July 21st, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • Delaware
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...Deed of Hypothec • September 14th, 2004 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments • Quebec
AGREEMENT RE: CHANGE IN CONTROLChange in Control Agreement • 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”).
BACKGROUNDChange in Control Agreement • January 29th, 2001 • Ashworth Inc • 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 Phil R. Stillwell (“Employee”). Company and Employee are sometimes referred to hereinafter as a “Party” or, collectively, the “Parties.”
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 10(j)(1) EARLY POSSESSION AGREEMENT Reference is made to that Lease dated August 17, 1995 between Pacific GulfProperties, Inc., A Maryland Corporation, as Landlord and Ashworth, Inc., A Delaware Corporation, as Tenant at 1211 Park Center...Early Possession Agreement • January 29th, 1996 • Ashworth Inc • Men's & boys' furnishgs, work clothg, & allied garments
