PARTY HERETO IRREVOCABLY CONSENTS TO SERVICE OF
PROCESS IN THE MANNER PROVIDED FOR NOTICES IN SECTION 10.5 [NOTICES;
EFFECTIVENESS; ELECTRONIC COMMUNICATION]. NOTHING IN THIS AGREEMENT WILL AFFECT
THE RIGHT OF ANY PARTY HERETO TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY
APPLICABLE LAW.
10.11.5 WAIVER OF JURY TRIAL. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL
BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR
RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS
CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER
THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, ADMINISTRATIVE
AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE,
THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE
THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO
HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY,
AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
10.12 USA Patriot Act Notice. Each Lender that is subject to the USA Patriot Act
and the Administrative Agent (for itself and not on behalf of any Lender) hereby
notifies Loan Parties that pursuant to the requirements of the USA Patriot Act,
it is required to obtain, verify and record information that identifies the Loan
Parties, which information includes the name and address of Loan Parties and
other information that will allow such Lender or Administrative Agent, as
applicable, to identify the Loan Parties in accordance with the USA Patriot Act.
The remainder of this page is left blank intentionally.
Signatures follow on next page.
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[SIGNATURE PAGE TO CREDIT AGREEMENT]
IN WITNESS WHEREOF, the parties hereto, by their officers thereunto duly
authorized, have executed this Agreement as of the day and year first above
written.
ATTEST:
UNDER ARMOUR, INC.,
a Maryland corporation /s/ John P. Stanton
By:
/s/ Brad Dickerson
Printed: Brad Dickerson
Title: CFO
UA
COMBINE TRAINING CENTER, LLC,
a Maryland limited liability company
By:
Under Armour, Inc., a Maryland corporation,
its sole member /s/ John P.
Stanton
By:
/s/ David Bergman
Printed: David Bergman
Title:
Controller
UNDER ARMOUR MANUFACTURING, LLC,
a Maryland limited liability
company
By: Under Armour Holdings, Inc., a Maryland
corporation, its sole member
/s/ John P. Stanton
By:
/s/ David Bergman
Printed: David Bergman
Title: Treasurer
UNDER ARMOUR RETAIL, INC.,
a Maryland corporation /s/
John P. Stanton
By:
/s/ David Bergman
Printed: David Bergman
Title: Assistant Treasurer
[SIGNATURE PAGE TO CREDIT AGREEMENT]
UNDER ARMOUR HOLDINGS, INC.,
a Maryland corporation /s/ John P. Stanton
By:
/s/ David Bergman
Printed: David Bergman
Title: Treasurer
[SIGNATURE PAGE TO CREDIT AGREEMENT]
ATTEST:
UNDER ARMOUR RETAIL OF MARYLAND, L.L.C.
UNDER ARMOUR RETAIL OF
FLORIDA, LLC
UNDER ARMOUR RETAIL OF OHIO, LLC
UNDER ARMOUR RETAIL OF
CALIFORNIA, LLC
UNDER ARMOUR RETAIL OF TEXAS, LLC
UNDER ARMOUR RETAIL OF
WISCONSIN, LLC
UNDER ARMOUR RETAIL