FIRST AMENDMENT TO YARN SUPPLY AGREEMENT

Requirements Supplier Agreement

You are currently viewing:

This Requirements Supplier Agreement involves

DELTA APPAREL INC | Delta Apparel, Inc | Parkdale America, LLC | Parkdale Mills, Inc

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.

Title: FIRST AMENDMENT TO YARN SUPPLY AGREEMENT
Governing Law: North Carolina Date: 8/28/2009
Industry: Apparel/Accessories Sector: Consumer Cyclical

EXHIBIT 10.7.1

FIRST AMENDMENT TO YARN SUPPLY AGREEMENT

This First Amendment to Yarn Supply Agreement (this “First Amendment”) is made as of the 26th day of June, 2009, by and between Parkdale Mills, Inc., a North Carolina corporation, and Parkdale America, LLC, a North Carolina limited liability company (collectively, “Parkdale”), and Delta Apparel, Inc., a Georgia corporation (“Delta”).

WHEREAS, Parkdale and Delta entered into that certain Yarn Supply Agreement dated as of January 5, 2005 with respect to the supply of yarn by Parkdale to Delta (the “Agreement”); and

WHEREAS, Parkdale and Delta desire to amend the Agreement as set forth in this First Amendment;

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Capitalized terms not otherwise defined in this First Amendment shall have the meanings ascribed thereto in the Agreement;

2. The Term of the Agreement is hereby extended until December 31, 2011.

3. Effective as of July 1, 2009, Exhibits B and C to the Agreement are amended and replaced in their entirety by Exhibits B and C attached to this First Amendment.

4. Except as expressly set forth in this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. In the event of any conflict between the terms and conditions of this First Amendment and any of the terms and conditions of the Agreement, the terms and conditions of this First Amendment shall control.

5. This First Amendment shall be governed and controlled as to validity, enforcement, interpretation, construction, and effect, and in all other respects, by the laws of the State of North Carolina, without regard to principles of conflict of law.

6. This First Amendment may be executed in multiple counterparts, each of which shall be deemed to be an original, and all such counterparts shall constitute but one instrument.

IN WITNESS WHEREOF , the parties have caused this Agreement to be duly executed by their respective duly authorized officers as of the day and year first above written.


		PARKDALE MILLS, INC.

		By: Name:		/s/ Charles S. Heilig III Charles S. Heilig III
		Title:		Executive Vice President

		PARKDALE AMERICA LLC

		By: Name:		/s/ Charles S. Heilig III Charles S. Heilig III
		Title:		Executive Vice President

		DELTA APPAREL, INC.

		By: Name:		/s/ Robert W. Humphreys Robert W. Humphreys
		Title:		Chairman and CEO

Exhibit B

Purchase Price of Yarn :

The purchase price for each pound of Yarn delivered shall be calculated in accordance with the following formula: Purchase Price = [(A + B) ÷ C] + D


Where:		A = Cost Price
		B = Basis, as set forth in the table below
		C = 1.00 — applicable waste factor set forth in the table below (in decimal format)
		D = Applicable conversion price set forth in the table below

Basis, Waste Factors, and Conversion Prices


			Conversion
			$ per
Polyester / Cotton	Basis	Waste	pound
8/1 50/50 (OES Backing)	*	*	*
10/1 50/50 (OES Backing)	*	*	*
15/1 50/50 (OES Backing)	*	*	*
14/1 50/50 (OES)	*	*	*
16/1 50/50(OES)	*	*	*
18/1 50/50(OES)	*	*	*
20/1 50/50(OES)	*	*	*
22/1 50/50(OES)	*	*	*
26/1 50/50 (OES)	*	*	*
Air Jet
20/1 100% AJ	*	*	*
16/1 50/50 AJ	*	*	*
26/1 50/50 AJ	*	*	*
28/1 50/50 AJ	*	*	*
100% Open End
14/1 100% KPOE	*	*	*
16/1 100% KPOE	*	*	*
17/1 100% KPOE	*	*	*
17.5/1 100% KPOE	*	*	*
18/1 100% KPOE	*	*	*
19/1 100% KPOE	*	*	*
20/1 100% KPOE	*	*	*
22/1 100% KPOE	*	*	*
24/1 100% KPOE	*	*	*
26/1 100% KPOE	*	*	*
28/1 100% KPOE	*	*	*
30/1 100% KPOE	*	*	*


*		Portions of this exhibit have been omitted pursuant to a request for confidential information and have been filed separately with the Securities and Exchange Commission.


			Conversion
			$ per
Polyester / Cotton	Basis	Waste	pound
Open End Heather
14/1 90/10 KPOE	*	*	*
16/1 90/10 KPOE	*	*	*
17/1 90/10 KPOE	*	*	*
18/1 90/10 KPOE	*	*	*
20/1 90/10 KPOE	*	*	*
22/1 90/10 KPOE	*	*	*
24/1 90/10 KPOE	*	*	*
28/1 90/10 KPOE	*	*	*
30/1 90/10 KPOE	*	*	*
14/1 99/1 KPOE	*	*	*
16/1 99/1 KPOE	*	*	*
17/1 99/1 KPOE	*	*	*
18/1 99/1 KPOE	*	*	*
20/1 99/1 KPOE	*	*	*
22/1 99/1 KPOE	*	*	*
Tri-Blend
14/1 50/40/10 Open End	*	*	*
16/1 50/40/10 Open End	*	*	*
18/1 50/40/10 Open End	*	*	*
22/1 50/40/10 Open End	*	*	*
26/1 50/40/10 Open End	*	*	*
14/1 50/49/1 Open End	*	*	*
16/1 50/49/1 Open End	*	*	*
18/1 50/49/1 Open End	*	*	*
22/1 50/49/1 Open End	*	*	*
26/1 50/49/1 Open End	*	*	*
Ring Spun
16/1 100% KPRS	*	*	*
17/1 100% KPRS	*	*	*
18/1 100% KPRS	*	*	*
19/1 100% KPRS	*	*	*
20/1 100% KPRS	*	*	*
22/1 100% KPRS	*	*	*
26/1 100% KPRS	*	*	*
28/1 100% KPRS	*	*	*
16/1 100% CPRS	*	*	*
18/1 100% CPRS	*	*	*
20/1 100% CPRS	*	*

SITE SEARCH

AGREEMENTS / CONTRACTS

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

Get Email Updates