SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 12, 2016 among KONA GRILL, INC., as Borrower, THE LENDING INSTITUTIONS NAMED HEREIN, as Lenders, and keybank national association, as an LC Issuer, Swing Line Lender, as the...Credit Agreement • October 18th, 2016 • Kona Grill Inc • Retail-eating places • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of October 12, 2016 among the following: (i) Kona Grill, Inc., a Delaware corporation (the “Borrower”); (ii) the lenders from time to time party hereto (each a “Lender” and collectively, the “Lenders”); and (iii) KeyBank National Association, as the administrative agent (the “Administrative Agent”), as the Swing Line Lender (as hereinafter defined), an LC Issuer (as hereinafter defined), and as the sole lead arranger and sole bookrunner (in such capacity, the “Arranger”).
AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT dated as of October 12, 2016 Among KONA GRILL, INC. KONA RESTAURANT HOLDINGS, INC. KONA SUSHI, INC. KONA MACADAMIA, INC. KONA TEXAS RESTAURANTS, INC. KONA BALTIMORE, INC., KONA GRILL PUERTO RICO,...Pledge and Security Agreement • October 18th, 2016 • Kona Grill Inc • Retail-eating places • New York
THIS AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT, dated as of October 12, 2016 (as the same may be amended, restated or otherwise modified from time to time, this “Agreement”), among: (i) Kona Grill, Inc., a Delaware corporation (the “Borrower”); (ii) each of the Subsidiaries (as defined in the Credit Agreement referred to below) of the Borrower that is a signatory hereto (each such Subsidiary, together with each Additional Grantor (defined below) that becomes a party hereto pursuant to Section 9.14 hereof and together with the Borrower, collectively, the “Grantors” and, individually, each a “Grantor”); and (iii) KeyBank, National Association, as administrative agent (the “Administrative Agent”), for the benefit of the Secured Creditors (as defined below):
AMENDED AND RESTATED SUBSIDIARY GUARANTYSubsidiary Guaranty • October 18th, 2016 • Kona Grill Inc • Retail-eating places • New York
THIS AMENDED AND RESTATED SUBSIDIARY GUARANTY, dated as of October 12, 2016 (as the same may be amended, restated or otherwise modified from time to time, this “Guaranty”), made by (i) each of the undersigned (each, a “Guarantor” and collectively, the “Guarantors” and such terms shall include an Additional Guarantor that becomes a party to this Guaranty pursuant to Section 16 hereof), with (ii) KeyBank National Association, as Administrative Agent (herein, together with its successors and assigns in such capacity, the “Administrative Agent”), for the benefit of the Creditors (as defined below):
