ANY COURT OF COMPETENT JURISDICTION IN DALLAS COUNTY, TEXAS
TO THE EXTENT SUCH DISPUTE IS NOT RESOLVED BY BINDING ARBITRATION PURSUANT TO
PLEDGEE'S CURRENT ARBITRATION PROGRAM DESCRIBED IN SECTION 22 BELOW.
21.
LOAN AGREEMENT.
THIS AGREEMENT IS EXECUTED
IN CONNECTION WITH THE LOAN AGREEMENT AND PLEDGEE IS ENTITLED TO ALL THE
BENEFITS PROVIDED THEREIN AND IN THE OTHER AGREEMENTS, DOCUMENTS, INSTRUMENTS
AND CERTIFICATES ENTERED INTO IN CONNECTION WITH THE LOAN AGREEMENT.
22.
AGREEMENT FOR BINDING ARBITRATION.
THE
PARTIES AGREE TO BE BOUND BY THE TERMS AND PROVISIONS OF PLEDGEE'S CURRENT
ARBITRATION PROGRAM WHICH IS INCORPORATED BY REFERENCE HEREIN AND IS
ACKNOWLEDGED AS RECEIVED BY THE PARTIES PURSUANT TO WHICH ANY AND ALL DISPUTES
SHALL BE RESOLVED BY MANDATORY BINDING ARBITRATION UPON THE REQUEST OF ANY
PARTY.
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IN WITNESS WHEREOF, Pledgor and Pledgee have executed this Agreement as of the
date first above written.
PLEDGOR:
FOSSIL, INC.
By:
/s/ Mike L. Kovar
Name:
Mike L. Kovar
Title:
Executive Vice President, Chief Financial
Officer and Treasurer
PLEDGEE:
WELLS FARGO BANK, NATIONAL
ASSOCIATION
By:
/s/ Marguerite C. Burtzlaff
Name:
Marguerite C. Burtzlaff
Title:
Vice President
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SCHEDULE I
(to Amended and Restated Stock Pledge Agreement)
Issuer of Pledged Capital Stock
Jurisdiction of Organization of Issuer
Fossil Europe B.V.
Netherlands
Fossil Holdings (Gibraltar) Ltd.
Gibraltar
Swiss Technology Holding GmbH
Switzerland
Class or Other Description of
Pledged Capital Stock
Number of Shares or
Units of Capital Stock
Issued and Outstanding
Number of Shares or
Units of Capital Stock
Pledged
Stock Certificate No. evidencing
Capital Stock Pledged
9