WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE
PARTIES HERETO OR ANY OF THEM WITH RESPECT TO ANY LOAN DOCUMENT, OR THE
TRANSACTIONS RELATED THERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER
ARISING, AND WHETHER FOUNDED IN CONTRACT OR TORT OR OTHERWISE; AND EACH PARTY
HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF
ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY TO
THIS AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH
ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE SIGNATORIES HERETO TO THE
WAIVER OF THEIR RIGHT TO TRIAL BY JURY.
If any action or proceeding is filed in a court of the State of California by or
against any party hereto in connection with any of the transactions contemplated
by this Agreement or any other Loan Document, the court shall, and is hereby
directed to, make a general reference pursuant to California Code of Civil
Procedure Section 638 to a referee (who shall be a single active or retired
judge) to hear and determine all of the issues in such action or proceeding
(whether of fact or of law) and to report a statement of decision, provided that
at the option of any party to such proceeding, any such issues pertaining to a
"provisional remedy" as defined in California Code of Civil Procedure Section
1281.8 shall be heard and determined by the court.
IN WITNESS WHEREOF, this Agreement has been duly executed as of the day and year
first above written.
DECKERS OUTDOOR CORPORATION,
a Delaware corporation, as a Grantor
By:
Name:
Title:
DECKERS CONSUMER DIRECT CORPORATION,
an Arizona corporation, as a Grantor
By:
Name:
Title:
DECKERS RETAIL, LLC,
a California limited liability company, as a Grantor
By:
Name:
Title:
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
as Administrative Agent for the Lenders
By:
Name:
Title:
SCHEDULE I
TO SECURITY AGREEMENT
Grantor's federal employment identification number:
[]
Grantor's state identification number:
[]
Grantor's state of incorporation/organization:
[]
Grantor's true and correct name as registered in its
state of incorporation/organization:
[]
Grantor's chief executive office:
[]
Grantor's principal place of business:
[]
SCHEDULE II
TO SECURITY AGREEMENT
ADDRESSES OF ALL LOCATIONS AT WHICH GOODS ARE KEPT
SCHEDULE III
TO SECURITY AGREEMENT
TRADE NAMES
SCHEDULE IV
TO SECURITY AGREEMENT
LIST OF INTELLECTUAL PROPERTY
ANNEX I
to Security Agreement
SUPPLEMENT TO
SECURITY AGREEMENT
This SUPPLEMENT, dated as of ____________ ___, _____ (this "Supplement"), is to
the Second Amended and Restated Security Agreement, dated as of November 13,
2014 (as amended, supplemented, amended and restated or otherwise modified from
time to time, the "Security Agreement"), among Deckers Outdoor Corporation (the
"Company"), the other Grantors (such term, and other terms used in this
Supplement, to have the meanings set forth in Article I of the Security
Agreement) from time to time party thereto, in favor of JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION, as the administrative agent (together with its