EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • October 12th, 2005 • Under Armour, Inc. • Apparel & other finishd prods of fabrics & similar matl • Maryland
This Executive Employment Agreement (this “Agreement”) is made effective September 30, 2003, by and between KP Sports, Inc., a Maryland corporation doing business as Under Armour Performance Apparel (hereinafter, the “Company”), and Kevin A. Plank (hereinafter, the “Executive”). For purposes hereof, the Company and the Executive are referred to collectively as the “Parties” and, individually, as a “Party.”
BUY-SELL AGREEMENTBuy-Sell Agreement • October 12th, 2005 • Under Armour, Inc. • Apparel & other finishd prods of fabrics & similar matl • Maryland
THIS BUY-SELL AGREEMENT (hereinafter referred to as the “Agreement”) is made this 30th day of September, 2003, by and between Kevin A. Plank (the “Employee”) and KP SPORTS, INC., a Maryland corporation (the “Company”).
PLEDGE AGREEMENT (Under Armour, Inc.)Pledge Agreement • October 12th, 2005 • Under Armour, Inc. • Apparel & other finishd prods of fabrics & similar matl • New York
THIS PLEDGE AGREEMENT (this “Agreement”) is made and entered into as of this 28th day of September, 2005, by and between UNDER ARMOUR, INC., a Maryland corporation (“Pledgor”); and THE CIT GROUP/COMMERCIAL SERVICES, INC., a New York corporation, in its capacity as agent (in such capacity, the “Agent”) for the Lenders (as hereinafter defined) under the Financing Agreement (as hereinafter defined).
SECOND AMENDED AND RESTATED FINANCING AGREEMENTFinancing Agreement • October 12th, 2005 • Under Armour, Inc. • Apparel & other finishd prods of fabrics & similar matl • New York
THE CIT GROUP/ COMMERCIAL SERVICES, INC., a New York corporation, with an office located at Two Wachovia Center, 301 South Tryon Street, 25th Floor, Charlotte, North Carolina 28202 (“CIT” and, together with the lenders listed on the signature pages hereof and any other entity becoming a Lender hereunder pursuant to Section 13.4(b) of this Second Amended and Restated Financing Agreement, being herein collectively referred to as the “Lenders” and individually as a “Lender”); CIT, as the Agent for the Lenders (in such capacity, the “Agent”); WACHOVIA BANK, NATIONAL ASSOCIATION (“Wachovia”), as the Documentation Agent for the Lenders (in such capacity, the “Documentation Agent”); and SUNTRUST BANK (“SunTrust”), as the Syndication Agent for the Lenders (in such capacity, the “Syndication Agent”), are pleased to confirm the terms and conditions under which the Lenders, acting through the Agent, shall make a term loan, revolving loans and other financial accommodations to UNDER ARMOUR, INC.,
AMENDED AND RESTATED SECURITY AGREEMENT - INTELLECTUAL PROPERTYSecurity Agreement • October 12th, 2005 • Under Armour, Inc. • Apparel & other finishd prods of fabrics & similar matl • New York
THIS AMENDED AND RESTATED SECURITY AGREEMENT - INTELLECTUAL PROPERTY (this “Agreement”), is made and entered into as of this 28th day of September, 2005, between UNDER ARMOUR, INC. (f/k/a KP Sports, Inc.), a Maryland corporation (the “Grantor”), and THE CIT GROUP/COMMERCIAL SERVICES, INC., a New York corporation (“CIT”).
Credit Approved Receivables Purchasing Agreement (the “Agreement”)Under Armour, Inc. • October 12th, 2005 • Apparel & other finishd prods of fabrics & similar matl • North Carolina
This letter will confirm your and our agreement concerning our performance of certain services and our purchases of certain of your accounts receivable as described herein in connection with your inventory or service sales upon the following terms and conditions:
AMENDED AND RESTATED BUY-SELL AGREEMENTBuy-Sell Agreement • October 12th, 2005 • Under Armour, Inc. • Apparel & other finishd prods of fabrics & similar matl • Maryland
THIS AMENDED AND RESTATED BUY-SELL AGREEMENT (hereinafter referred to as the “Agreement”) is made this 30th day of September, 2003, by and between Ryan Wood (the “Employee”) and KP SPORTS, INC., a Maryland corporation (the “Company”).
SECOND AMENDMENT TO CREDIT APPROVED RECEIVABLES PURCHASING AGREEMENTReceivables Purchasing Agreement • October 12th, 2005 • Under Armour, Inc. • Apparel & other finishd prods of fabrics & similar matl
Reference is hereby made to the Credit Approved Receivables Purchasing Agreement, dated December 21, 2001, as amended (the “Agreement”), between KP Sports, Inc., a Maryland corporation, and The CIT Group/Commercial Services, Inc., a New York corporation. The Agreement shall be amended as follows:
AMENDED AND RESTATED ACCOUNTS RECEIVABLE FINANCING AGREEMENTAccounts Receivable Financing Agreement • October 12th, 2005 • Under Armour, Inc. • Apparel & other finishd prods of fabrics & similar matl • North Carolina
You and we are parties to that certain Accounts Receivable Financing Agreement, dated as of June 21, 2001, as amended and supplemented (as amended, modified, restated or supplemented from time to time, the “Existing Financing Agreement”), pursuant to which we have extended to you a revolving credit facility, all upon the terms and subject to the conditions contained therein. Effective on the date hereof, this accounts receivable financing agreement between us, as supplemented by the Inventory Security Agreement and Letter of Credit Agreement (as each term is defined below) (as the same may be amended, modified, restated or supplemented from time to time, the “Agreement”) shall amend and restate in its entirety the Existing Financing Agreement and shall represent the entire agreement between you and us with respect to the terms and conditions upon which we shall extend to you a revolving credit facility from and after the date hereof. This Agreement shall in no way be construed to, nor
BUSINESS PROTECTION AGREEMENTBusiness Protection Agreement • October 12th, 2005 • Under Armour, Inc. • Apparel & other finishd prods of fabrics & similar matl • Maryland
THIS BUSINESS PROTECTION AGREEMENT (“Agreement”) is entered into this day of , 20 , by and between KP SPORTS, INC. dba UNDER ARMOUR PERFORMANCE APPAREL (“Under Armour” or the “Company”) and (“Employee”).
The CIT Group/Commercial Services, Inc.Additional Terms and Conditions • October 12th, 2005 • Under Armour, Inc. • Apparel & other finishd prods of fabrics & similar matl • New York
NON-COMPETE AND SEVERANCE AGREEMENTNon-Compete and Severance Agreement • October 12th, 2005 • Under Armour, Inc. • Apparel & other finishd prods of fabrics & similar matl • Maryland
This Non-Compete and Severance Agreement (“Agreement”) is entered into this day of , , by and between KP SPORTS, INC. dba UNDER ARMOUR PERFORMANCE APPAREL (“Under Armour” or the “Company”) and (“Employee”).
FIRST AMENDMENT TO CREDIT APPROVED RECEIVABLES PURCHASING AGREEMENTReceivables Purchasing Agreement • October 12th, 2005 • Under Armour, Inc. • Apparel & other finishd prods of fabrics & similar matl
Reference is hereby made to the Credit Approved Receivables Purchasing Agreement, dated December 21, 2001 (the “Agreement”), between KP Sports, Inc.. a Maryland corporation, and The CIT Group/Commercial Services, Inc., a New York corporation. The Agreement shall be amended as follows:
