Amendment to Section 8.6. Section 8.6 of the Credit Agreement is hereby amended by inserting the following new clause (c) at the end thereof:
Amendment to Section 8.6. Section 8.6 of the Note Purchase Agreement is hereby deleted in its entirety.
Amendment to Section 8.6. The parties acknowledge that the last restaurant to become subject to payment of royalties under the Royalty Agreement opened on August 31, 2009. Notwithstanding the provisions of Section 8.6 (or any other provision of the Royalty Agreement), the parties acknowledge and agree that CIGI shall be deemed in full compliance with Section 8.6 and CIGI’s rights to the System shall remain exclusive so long as:
Amendment to Section 8.6. Section 8.6 of the Merger Agreement is hereby deleted and replaced in its entirety with the following:
Amendment to Section 8.6. Section 8.6 of the Credit Agreement is amended by deleting the phrase “liability to the Parent, the Borrower and its Subsidiaries in excess of $5,000,000” therein and substituting the phrase “a Material Adverse Effect” in place thereof.
Amendment to Section 8.6. Section 8.6 of the Credit Agreement is hereby amended by:
Amendment to Section 8.6. Section 8.6 of the Credit Agreement is hereby amended by (i) deleting the word “and” after paragraph (j) thereof, (ii) replacing the period after paragraph (k) thereof with a semicolon and (iii) adding the following new paragraphs (l) and (m):
Amendment to Section 8.6. Section 8.6(i) is hereby replaced in its entirety with the following:
Amendment to Section 8.6. The definition of “Reinvestment Yield” contained in Section 8.6 of the Agreement is amended by deleting the reference to “yields” in clause (i) thereof and replacing it with “‘Ask Yield(s)’”.
