Exhibit 10.1 NINTH AMENDMENT TO FIRST AMENDED AND RESTATED CREDIT AGREEMENT This ninth amendment to first amended and restated credit agreement ("Amendment") is made and entered into as of September 17, 1998, by and between U. S. BANK NATIONAL...Credit Agreement • November 13th, 1998 • Gargoyles Inc • Ophthalmic goods
GUARANTYGuaranty • November 13th, 1998 • Gargoyles Inc • Ophthalmic goods • New York
Exhibit 10.7 Termination and Release This Termination and Release dated as of September 15, 1998 is entered into by and among The Timberland Company ("Timberland"), Gargoyles, Inc. ("Gargoyles") and the kindling company, formerly known as The D.W....Termination and Release • November 13th, 1998 • Gargoyles Inc • Ophthalmic goods
Exhibit 10.8 LICENSE AGREEMENT This License Agreement (the "Agreement") is made this 20th day of October, 1998, between Gargoyles, Inc. ("Gargoyles" or "Licensor"), a Washington corporation having a principal place of business at 5866 South 194th...License Agreement • November 13th, 1998 • Gargoyles Inc • Ophthalmic goods
R E C I T A L S:Credit Agreement • November 13th, 1998 • Gargoyles Inc • Ophthalmic goods
Exhibit 10.2 RENEWAL TERM NOTE IGargoyles Inc • November 13th, 1998 • Ophthalmic goods
For value received, the undersigned, GARGOYLES, INC. ("Borrower"), promises to pay to the order of U. S. BANK NATIONAL ASSOCIATION ("U. S. Bank"), at its principal place of business, 1420 Fifth Avenue, Seattle, Washington 98101, or such other place or places as the holder hereof may designate in writing, the principal sum of Thirteen Million Dollars ($13,000,000) in lawful immediately available money of the United States of America, in accordance with the terms and conditions of that certain first amended and restated credit agreement dated as of April 7, 1997, by and between Borrower and U. S. Bank (together with all supplements, exhibits, amendments, and modifications thereto, the "Credit Agreement") and that certain ninth amendment to first amended and restated credit agreement of even date herewith (the "Ninth Amendment"). Borrower also promises to pay interest on the unpaid principal balance hereof, in like money in accordance with the terms and conditions and at the rate or rates
Exhibit 10.3 RENEWAL TERM NOTE IIGargoyles Inc • November 13th, 1998 • Ophthalmic goods
For value received, the undersigned, GARGOYLES, INC. ("Borrower"), promises to pay to the order of U. S. BANK NATIONAL ASSOCIATION ("U. S. Bank"), at its principal place of business, 1420 Fifth Avenue, Seattle, Washington 98101, or such other place or places as the holder hereof may designate in writing, the principal sum of Three Million Four Hundred Seventy Thousand Dollars ($3,470,000) in lawful immediately available money of the United States of America, in accordance with the terms and conditions of that certain first amended and restated credit agreement dated as of April 7, 1997, by and between Borrower and U. S. Bank (together with all supplements, exhibits, amendments, and modifications thereto, the "Credit Agreement") and that certain ninth amendment to first amended and restated credit agreement of even date herewith (the "Ninth Amendment"). Borrower also promises to pay interest on the unpaid principal balance hereof, in like money in accordance with the terms and condition
As of September 8, 1998 Gargoyles, Inc. 5866 South 194th Street Kent, Washington 98032 Attn: Mr. Leo Rosenberger Mr. Douglas B. Hauff Ladies and Gentlemen: Reference is made to that certain License Agreement between Ellen Tracy, Inc. ("Ellen Tracy")...Gargoyles Inc • November 13th, 1998 • Ophthalmic goods
This shall confirm that, by mutual agreement of Ellen Tracy and Licensee, the Agreement shall terminate as of September 8, 1998 (the "Termination Date"). All accrued but unpaid Guaranteed Minimum Royalties in the amount of $214,375.00 shall be paid to Ellen Tracy by delivery concurrently with the execution hereof of (i) a Promissory Note made by Licensee, and (ii) a Guaranty, made by Gargoyles, guaranteeing Licensee's obligations under such Promissory Note. On the Termination Date, all rights granted to Licensee pursuant to the Agreement shall revert to Ellen Tracy. Pursuant to Section 20(a) of the Agreement, Licensee agrees that, following the Termination Date, Licensee shall cease all manufacturing, by itself or by any third party with whom it has contracted, of any Licensed Articles, other than Licensed Articles which are part of the August line which are to be delivered in October and November of 1998, and shall destroy or efface any items used to reproduce Licensed Properties. Fur
