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
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 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
Exhibit 99.3 GUARANTY OF PROMISSORY NOTE WHEREAS, ASHWORTH, INC., a Delaware corporation (hereinafter referred to as the "Guarantor"), agrees to guarantee that certain Promissory Note, dated July 6, 2004, between its subsidiary, ASHWORTH ACQUISITION...Ashworth Inc • July 21st, 2004 • Men's & boys' furnishgs, work clothg, & allied garments • Georgia
Exhibit 99.5 GUARANTY OF LEASE PAYMENTS WHEREAS, ASHWORTH ACQUISITION CORP., a Delaware corporation and wholly owned subsidiary of ASHWORTH, INC., a Delaware corporation (Ashworth, Inc. is hereinafter referred to as the "Guarantor"), acquired all of...Ashworth Inc • July 21st, 2004 • Men's & boys' furnishgs, work clothg, & allied garments
