ASSET PURCHASE AGREEMENT among TO THE GAME, LLC, SALT LIFE HOLDINGS, LLC, ROGER L. COMBS, SR., DONALD R. COMBS, RICHARD THOMPSON & MICHAEL T. HUTTO Dated as of August 27, 2013Asset Purchase Agreement • August 29th, 2013 • Delta Apparel, Inc • Wholesale-apparel, piece goods & notions • Georgia
This Asset Purchase Agreement (the “Agreement”) is entered into as of August 27, 2013 (the "Effective Date"), by and among To The Game, LLC, a Georgia limited liability company, ( the “Purchaser”), Salt Life Holdings, LLC, a Florida limited liability company (the “Company”), Roger L. Combs, Sr., an individual resident of the state of Florida, Donald R. Combs, an individual resident of the state of Florida, Richard Thompson, an individual resident of the state of Florida, and Michael T. Hutto, an individual resident of the state of Florida. Roger L. Combs, Sr., Donald R. Combs, Richard Thompson, and Michael T. Hutto are sometimes referred to in this Agreement as the “Owners.” The Company and the Owners are sometimes referred to in this Agreement individually as a “Seller” and collectively as the “Sellers.”
CONSENT AND FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 29th, 2013 • Delta Apparel, Inc • Wholesale-apparel, piece goods & notions • Georgia
THIS CONSENT AND FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment") is made and entered into this 27th day of August, 2013, by and among DELTA APPAREL, INC., a Georgia corporation ("Delta"), M. J. SOFFE, LLC, a North Carolina limited liability company and successor-by-merger to TCX, LLC, a North Carolina limited liability company ("Soffe"), JUNKFOOD CLOTHING COMPANY, a Georgia corporation ("Junkfood"), TO THE GAME, LLC, a Georgia limited liability company ("TTG"), ART GUN, LLC, a Georgia limited liability company ("Art Gun"; Delta, Soffe, Junkfood, TTG and Art Gun being hereinafter collectively called "Borrowers" and individually a "Borrower"); the parties to the Loan Agreement (as defined below) from time to time as Lenders (each individually, a "Lender" and collectively, "Lenders"); and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo"), in its capacity as agent for Lenders (together with its successors in
