STIPULATED ORDER CONVERTING TEMPORARY RESTRAINING ORDER TO PRELIMINARY INJUNCTION

MICHAEL W. MOSMAN, District Judge.

THIS MATTER previously came before the Honorable Michael W. Mossman on August 21, 2015 on Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction ("Application"), against Defendant Riddell Farms, Inc. ("Defendant" or "Riddell"). Subsequent to the entry of the temporary restraining order ("TRO"), the parties now further agree that the TRO may be converted to a preliminary injunction ("Injunction").

Therefore, Plaintiff Northwest Bank ("NWB") and Riddell stipulate, pursuant to Fed. R. Civ. P. 65 for immediate entry of a preliminary injunction against Riddell on the following terms:

IT IS ORDERED AND ADJUDGED that the Injunction is hereby GRANTED as follows:

1. Riddell, their officers, directors, employees, agents, subsidiaries, distributors, and all persons in active concert or participation with Riddell having prior actual notice of the TRO or of this Order are hereby enjoined from the sale or other disposal of the 2014 Radish Seed1. The 2014 Radish Seed is in and is to remain in Riddell's possession, properly insured at all times, until further order of the Court and/or stipulation of the parties;

2. Riddell, their officers, directors, employees, agents, subsidiaries, distributors, and all persons in active concert or participation with Riddell having prior actual notice of the TRO or of this Order are hereby enjoined from taking any additional seed from either of the warehouses owned by McKee Family Farms, LLC located at 11640 Elkins Road, Monmouth, OR 97361 and 22450 SW McKee Road, Amity, OR 97101;

3. Riddell, their officers, directors, employees, agents, subsidiaries, distributors, and all persons in active concert or participation with Riddell having prior actual notice of the TRO or of this Order shall provide an accounting to NWB of any proceeds from the sale of the 2014 Radish Seed that has occurred to date within fourteen (14) days of entry of this Order, and either: (1) tender such amounts to the Court pending the outcome of this matter or (2) hold such sale proceeds in escrow pending issuance of final judgment by this Court on the priority of liens set forth in the Complaint; by the parties;

5. Pursuant to Fed. R. Civ. P. 65(c), NWB has posted an irrevocable letter of credit issued by NWB in the amount of Five Thousand Dollars and Zero Cents ($5,000.00) as payment of damages to which Riddell may be entitled for a wrongful injunction or restraint, during the pendency of this action, or until further Order of the Court;

6. Based on the above stipulation to convert the TRO to the Injunction, the parties request that the Court strike the hearing on NWB's Motion for Preliminary Injunction scheduled for the 31st day of August, 2015, at 4:00 PM, Courtroom 16, of the U.S. District Courthouse, 1000 SW Third Avenue, Portland, Oregon.

7. SERVICE. A copy of this Order and of the Complaint filed in the above matter, together with all supporting papers, shall be served by NWB upon Riddell by hand delivery, regular mail, or electronic mail within two business days following NWB's receipt thereof; Riddell's counsel has agreed to accept service of the Order as well.

DONE AND ORDERED.