Exhibit A

Case 2:15-cv-00352-JRG Document 3-1 Filed 03/13/15 Page 1 of 7 PageID #: 497

53625142

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

SAMMY D. YORK, et al., Plaintiffs, v. No. 2:15-CV-00352 TEXAS A&M UNIVERSITY 12th MAN FOUNDATION a/k/a THE 12th MAN FOUNDATION, Defendant.

DECLARATION OF IRVEN E. SKIP WAGNER

I, Irven E. Skip Wagner, make the following declaration under 28 U.S.C. 1746.

1. My name is Skip Wagner. I am over the age of twenty-one (21) years and am competent to complete this declaration.. The facts stated in this declaration are true and correct, and I have personal knowledge of these facts.

2. I am a resident of College Station, Brazos County, Texas. I am currently the President of the Texas A&M University 12th Man Foundation. The Texas A&M University 12th Man Foundation (the Foundation) is a Texas nonprofit corporation with its principal place of business in College Station, Texas.

3. In preparing this affidavit, I have referred to the business records of the Foundation, of which I am a custodian. I have personal knowledge about how the Foundations business records are collected and maintained. The records to which I have referred (a) were made at or near the time of the events they record, (b) were made by or from information transmitted by a person with knowledge of the events they record, and (c) were kept in the ordinary course of the Foundations business. It as the regular practice of the Foundations business to make those records.

4. Foundation records show that on July 17, 2013, the Foundation mailed a letter enclosing an Endowed Selection Packet to 494 persons with what the plaintiffs describe as Permanently Endowed Scholarship Program contracts, representing 1760 football tickets. Forty-four of those persons elected to have the Foundation buy back their endowments and they

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53625142 2

relinquished their benefits under the Permanently Endowed Scholarship Program. Those 44 persons no longer participate in the Permanently Endowed Scholarship Program. The Endowed Selection Packet was due back to the Foundation on July 31, 2013. [A true and correct copy of one of the Endowed Selection Packets is attached as Exhibit to this declaration.] The Foundation received 453 Endowed Selection Packets were from endowed donors choosing to continue to participate in the Permanently Endowed Scholarship Program, accounting for 1556 seats. Of these, fewer than 20 provided any written reservation of rights, and three of those are the named plaintiffs in this action.

5. Foundation records show that there are currently 440 persons with what the plaintiffs describe as Permanently Endowed Scholarship Program contracts (excluding those individuals who have filed state court action to address their individual claims). Of those 440 persons, Foundation records show that 426 have provided the Foundation with Texas addresses as their primary contact address (including the named plaintiffs in this action), leaving 14 of those 440 persons who have provided out-of-state addresses.

6. During the three-year period preceding the filing of the captioned case, no other class action has been filed asserting the same or similar factual allegations against Texas A&M University 12th Man Foundation a/k/a The 12th Man Foundation on behalf of the same or other persons.

I declare under penalty of perjury that the foregoing is true and correct.

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Exhibit A

Case 2:15-cv-00352-JRG Document 3-1 Filed 03/13/15 Page 4 of 7 PageID #: 500

July17,2013

Dear ,TheRedevelopmentofKyleField isunderwayand it istimeforyoutopickyourseatingarea inthegreatestcollegiateathleticfacilityintheworld.Wearecommittedtohonoringthesupportyouhavegiventothe12thManFoundationandpartof thatcommitment isanexclusiveopportunity,affordedonly toendowed seatholders likeyou, tobe the firstpeopletoselectseatingareasinKyleField.Youwillgetthischancetoselectyourseatingareaaheadofallotherdonorgroups.Asanendowedseatholder,this isaspecialbenefitwearegivingyouthat isoverandabovethebenefitsyoureceiveaspartofyourendowment.Inaddition,asanotherextrabenefit,asyouareselectingyourendowedseatingquantityof4,youwillreceiveaspecial$2,000perseatallowancebeginningin2015tobeappliedtoyourseatingchoice.Thisistheequivalentofasubstantialcashdiscounttothenewticketpricesthatwillapplytoeveryoneelsewhopurchasestickets intheRedevelopedKyleField,and it isbeingaffordedonlytoendowedseatholders.Beyondthose4seats,additionalseatsmaybechosen inAugustbasedonyourprioritypointtotalasofAugust1,2013.Asanadditionalbenefit, ifyourchosenseatingareadoesnotmaximizethe$2,000perseatallowance,thedifferencewillreceiveprioritypointcredittobuildyourpriorityinselectingvaluable12thManFoundationbenefits.Enclosedwiththisletteryouwillfindaformtomakeyourseatingselectionalongwithaseatingmapforyourreference.IaskthatyoupleasecompletetheformandreturntousintheenclosedenvelopebyJuly31,2013.Ifyoudecidethatyouno longerwantseatsintheRedevelopedKyleField,wearealsoofferingyoutheopportunitytoobtainacompleterefundofyourendowment,eventhoughyouhaveenjoyedthebenefitsoftheendowmentforyears.YoumayrequesttheFoundationtobuybackyourendowmentattheoriginalgiftamountpriortoDecember31,2014.TheFoundationwillgrantsuchrequestsolongasitistimelyreceivedbytheFoundation.Youmayalsoterminateyourendowed seat rightswithoutamonetarybuybackbyexchanging theendowed seat rights forPriorityPoints. If theendowedseatholderchoosesthisoption,thePriorityPointsreceivedwillbeequaltotheoriginalgiftamountmultipliedby.05.Ifyouwouldliketopursueeitheroftheseoptionspleaseemailusatkylefield@12thmanfoundation.com.Ifyouhaveanyquestionsorconcerns,pleasecontactusatyourconvenienceat(979)2607999.ThankyouforyourcontinuedcommitmenttoAggieAthleticsthroughthe12thManFoundation!Sincerely,SkipWagner12thManFoundation

Case 2:15-cv-00352-JRG Document 3-1 Filed 03/13/15 Page 5 of 7 PageID #: 501

Donor# Tosuccessfullycompletethisform,pleasenotethefollowingsteps:

IdentifyyourpreferredseatingareaontheaccompanyingseatingchartandplaceacheckmarkorXintheboxunderthecolumnCHECKONEandtotheleftoftheidentifiedseatingarea.

Placeforminprovidedenvelopeandreturntoouroffice. PLEASENOTE:Intherareinstancethatdemandexceedssupply,prioritypointtotalsasofAugust1,2013willbe

usedtodetermineseatingbetweenendowedseatholders.Ifweareunabletofillyourrequest,wewillcallyouwithavailableoptions.

Ifthisformisnotreturned,yourendowedseatingareamaybechosenduringtheseatingoptionselectionappointmentthatwillbeassignedtoyoubasedonyourAugust1,2013prioritypointtotal.

SEATINGOPTIONSTHATDONOTREQUIREADDITIONALGIVING

IacknowledgethatIhavechosenaseatingareaintheRedevelopedKyleFieldandunderstandthatIwillchooseseatswithinthisareainthespringof2015basedonprioritypointtotalsasofJanuary15,2015._____________________________________ ________________________________________________PrintName Signature DateSEATINGOPTIONSTHATREQUIREADDITIONALGIVING

IacknowledgethatIhavechosenaseatingareaintheRedevelopedKyleFieldandunderstandthatIwillchooseseatswithinthisareainthespringof2015basedonprioritypointtotalsasofJanuary15,2015.IunderstandthatonefifthoftheCapitalCampaigngiftwillbeduebyDecember31,2013._____________________________________ ________________________________________________PrintName Signature Date

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