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

Exhibit A

Case 2:15-cv-00352-JRG Document 3-1 Filed 03/13/15 Page 2 of 7 PageID #: 498

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
SAMMY D. YORK, et al.,
Plaintiffs,
v.
TEXAS A&M UNIVERSITY 12th MAN
FOUNDATION a/k/a THE 12th MAN
FOUNDATION,
Defendant.

No. 2:15-CV-00352

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

53625142

Case 2:15-cv-00352-JRG Document 3-1 Filed 03/13/15 Page 3 of 7 PageID #: 499

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.

53625142

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

Exhibit A

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

July17,2013

Dear
,

TheRedevelopmentofKyleFieldisunderwayanditistimeforyoutopickyourseatingareainthegreatestcollegiate
athleticfacilityintheworld.Wearecommittedtohonoringthesupportyouhavegiventothe12thManFoundationand
part of that commitment is an exclusive opportunity, afforded only to endowed seat holders like you, to be the first
peopletoselectseatingareasinKyleField.Youwillgetthischancetoselectyourseatingareaaheadofallotherdonor
groups.Asanendowedseatholder,thisisaspecialbenefitwearegivingyouthatisoverandabovethebenefitsyou
receiveaspartofyourendowment.

Inaddition,asanotherextrabenefit,asyouareselectingyourendowedseatingquantityof4,youwillreceiveaspecial
$2,000perseatallowancebeginningin2015tobeappliedtoyourseatingchoice.Thisistheequivalentofasubstantial
cashdiscounttothenewticketpricesthatwillapplytoeveryoneelsewhopurchasesticketsintheRedevelopedKyle
Field,anditisbeingaffordedonlytoendowedseatholders.Beyondthose4seats,additionalseatsmaybechosenin
AugustbasedonyourprioritypointtotalasofAugust1,2013.

Asanadditionalbenefit,ifyourchosenseatingareadoesnotmaximizethe$2,000perseatallowance,thedifference
willreceiveprioritypointcredittobuildyourpriorityinselectingvaluable12thManFoundationbenefits.

Enclosedwiththisletteryouwillfindaformtomakeyourseatingselectionalongwithaseatingmapforyourreference.
IaskthatyoupleasecompletetheformandreturntousintheenclosedenvelopebyJuly31,2013.

IfyoudecidethatyounolongerwantseatsintheRedevelopedKyleField,wearealsoofferingyoutheopportunityto
obtainacompleterefundofyourendowment,eventhoughyouhaveenjoyedthebenefitsoftheendowmentforyears.
YoumayrequesttheFoundationtobuybackyourendowmentattheoriginalgiftamountpriortoDecember31,2014.
TheFoundationwillgrantsuchrequestsolongasitistimelyreceivedbytheFoundation.Youmayalsoterminateyour
endowed seat rights without a monetary buyback by exchanging the endowed seat rights for Priority Points. If the
endowedseatholderchoosesthisoption,thePriorityPointsreceivedwillbeequaltotheoriginalgiftamountmultiplied
by.05.Ifyouwouldliketopursueeitheroftheseoptionspleaseemailusatkylefield@12thmanfoundation.com.

Ifyouhaveanyquestionsorconcerns,pleasecontactusatyourconvenienceat(979)2607999.

ThankyouforyourcontinuedcommitmenttoAggieAthleticsthroughthe12thManFoundation!

Sincerely,

SkipWagner
12thManFoundation

Case 2:15-cv-00352-JRG Document 3-1 Filed 03/13/15 Page 6 of 7 PageID #: 502

Donor#

Tosuccessfullycompletethisform,pleasenotethefollowingsteps:
IdentifyyourpreferredseatingareaontheaccompanyingseatingchartandplaceacheckmarkorXinthebox
underthecolumnCHECKONEandtotheleftoftheidentifiedseatingarea.
Placeforminprovidedenvelopeandreturntoouroffice.
PLEASENOTE:Intherareinstancethatdemandexceedssupply,prioritypointtotalsasofAugust1,2013willbe
usedtodetermineseatingbetweenendowedseatholders.Ifweareunabletofillyourrequest,wewillcallyou
withavailableoptions.
Ifthisformisnotreturned,yourendowedseatingareamaybechosenduringtheseatingoptionselection
appointmentthatwillbeassignedtoyoubasedonyourAugust1,2013prioritypointtotal.

SEATINGOPTIONSTHATDONOTREQUIREADDITIONALGIVING

IacknowledgethatIhavechosenaseatingareaintheRedevelopedKyleFieldandunderstandthatIwillchooseseats
withinthisareainthespringof2015basedonprioritypointtotalsasofJanuary15,2015.

_____________________________________
________________________________________________
PrintName
Signature
Date

SEATINGOPTIONSTHATREQUIREADDITIONALGIVING

IacknowledgethatIhavechosenaseatingareaintheRedevelopedKyleFieldandunderstandthatIwillchooseseats
withinthisareainthespringof2015basedonprioritypointtotalsasofJanuary15,2015.Iunderstandthatonefifthof
theCapitalCampaigngiftwillbeduebyDecember31,2013.

_____________________________________
________________________________________________
PrintName
Signature
Date

Case 2:15-cv-00352-JRG Document 3-1 Filed 03/13/15 Page 7 of 7 PageID #: 503