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Finders Agreement
Finders Agreement (9K)
Doc #116307: Click preview link for longer preview.
CHEROKEE-MOSSIMO FINDERS AGREEMENT
This Cherokee-Mossimo Finders Agreement ("Agreement") is made and
entered into this 27 day of March 2000 (the "Effective Date") by and between
Cherokee Inc., a Delaware corporation ("Cherokee"), and Mossimo, Inc., a
Delaware corporation ("Mossimo").
Whereas, Mossimo owns the various Mossimo trademark applications and
registrations listed on Exhibit "A" hereto (the "Mossimo Trademarks"); and
Whereas, Mossimo and Cherokee have entered into that certain Letter of
Intent dated February 22, 2000 (the "LOI"); and
Whereas, pursuant to the LOI, Cherokee has introduced Mossimo to such
executives at Target Corporation ("Target") to enable Mossimo to negotiate a
licensing agreement with Target with respect to the Mossimo Trademarks; and
Whereas, Mossimo and Cherokee desire to extinguish the obligations of
each of the parties set forth in the LOI and to substitute this Agreement as a
novation for the LOI;
Now, therefore, in consideration of the foregoing and for other good and
valuable consideration, the parties hereto agree as follows:
1. PRIOR AGREEMENTS. This Agreement is intended by the parties to
supercede and replace all prior agreements or understandings of any type between
the parties (the "Prior Agreements"), including without limitation the letter
agreement dated February 18, 2000 and the LOI, and all such Prior Agreements
shall terminate and be of no further force or effect upon execution of this
Agreement.
(a) Mossimo and Cherokee (the "Parties") each hereby releases
the other Party and its officers, directors, shareholders, agents,
representatives, servants and employees past, present and future, and each of
them, from any and all obligations, debts, claims, demands and causes of action
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J.C. Penney
As referenced in this Finders Agreement:
J.C. Penney Co – or set-offs, received directly or indirectly by or
on behalf of Mossimo and its affiliates, successors and assigns from Target
Corporation or J.C. Penney Co mpany, Inc., and their respective affiliates,
successors and assigns (collectively, "Prospective Licensees"), from and after
the Effective Date with respect to or by
_____________
dt 130659
;
Mossimo
As referenced in this Finders Agreement:
Mossimo, Inc – made and
entered into this 27 day of March 2000 (the "Effective Date") by and between
Cherokee Inc., a Delaware corporation ("Cherokee"), and Mossimo, Inc ., a
Delaware corporation ("Mossimo").
Whereas, Mossimo owns the various Mossimo trademark applications and
registrations listed on Exhibit "A" hereto (the "Mossimo Trademarks");
_____________
MOSSIMO, INC – are
illegal agreements.
In witness whereof, the undersigned have executed this Agreement as of
the day and year first above written.
CHEROKEE INC. MOSSIMO, INC .
/s/ Robert Margolis /s/ Mossimo Giannulli
---------------------------------- ----------------------------------
Robert Margolis Name: Mossimo Giannulli
Chairman and CEO Chairman
-3-
_____________
dt 220985
;
Target
As referenced in this Finders Agreement:
Target Corp – Letter of
Intent dated February 22, 2000 (the "LOI"); and
Whereas, pursuant to the LOI, Cherokee has introduced Mossimo to such
executives at Target Corp oration ("Target") to enable Mossimo to negotiate a
licensing agreement with Target with respect to the Mossimo Trademarks; and
Whereas, Mossimo and Cherokee
_____________
Target
Corp – kind, without deductions or set-offs, received directly or indirectly by or
on behalf of Mossimo and its affiliates, successors and assigns from Target
Corp oration or J.C. Penney Company, Inc., and their respective affiliates,
successors and assigns (collectively, "Prospective Licensees"), from and after
the Effective Date
_____________
dt 151865
;
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Target
As referenced in this Finders Agreement:
Target Corp – Letter of
Intent dated February 22, 2000 (the "LOI"); and
Whereas, pursuant to the LOI, Cherokee has introduced Mossimo to such
executives at Target Corp oration ("Target") to enable Mossimo to negotiate a
licensing agreement with Target with respect to the Mossimo Trademarks; and
Whereas, Mossimo and Cherokee
_____________
Target
Corp – kind, without deductions or set-offs, received directly or indirectly by or
on behalf of Mossimo and its affiliates, successors and assigns from Target
Corp oration or J.C. Penney Company, Inc., and their respective affiliates,
successors and assigns (collectively, "Prospective Licensees"), from and after
the Effective Date
_____________
dt 151865
;
 Cherokee
As referenced in this Finders Agreement:
Cherokee Inc – This Cherokee-Mossimo Finders Agreement ("Agreement") is made and
entered into this 27 day of March 2000 (the "Effective Date") by and between
Cherokee Inc ., a Delaware corporation ("Cherokee"), and Mossimo, Inc., a
Delaware corporation ("Mossimo").
Whereas, Mossimo owns the various Mossimo trademark applications and
registrations listed
_____________
CHEROKEE INC – Prior Agreements are
illegal agreements.
In witness whereof, the undersigned have executed this Agreement as of
the day and year first above written.
CHEROKEE INC . MOSSIMO, INC.
/s/ Robert Margolis /s/ Mossimo Giannulli
---------------------------------- ----------------------------------
Robert Margolis Name: Mossimo Giannulli
Chairman and CEO Chairman
-3-
_____________
dt 234944
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