Common use of Certain Affiliate Transactions Clause in Contracts

Certain Affiliate Transactions. EXHIBITS: A-1 Funding Notice A-2 Issuance Notice B Conversion/Continuation Notice C Compliance Certificate D Assignment Agreement E‑1 U.S. Tax Compliance Certificate E‑2 U.S. Tax Compliance Certificate E‑3 U.S. Tax Compliance Certificate E‑4 U.S. Tax Compliance Certificate F‑1 Closing Date Certificate F‑2 Solvency Certificate G Counterpart Agreement H Intercompany Note and Subordination I Wind-Down Budget CREDIT AND GUARANTY AGREEMENT This CREDIT AND GUARANTY AGREEMENT, dated as of October 4, 2019, is entered into by and among THE ONE GROUP HOSPITALITY, INC., a Delaware corporation (“Holdings”), THE ONE GROUP, LLC, a Delaware limited liability company (the “Company”), and certain of their respective Subsidiaries, as Guarantors, the Lenders party hereto from time to time, and XXXXXXX XXXXX BANK USA (“GSB”), as administrative agent (in such capacity, “Administrative Agent”) and collateral agent (in such capacity, “Collateral Agent”) for the Lenders.

Certain Affiliate Transactions. EXHIBITS: A-1 A‑1 Funding Notice A-2 Issuance Notice B A‑2 Conversion/Continuation Notice B Form of Note C Compliance Certificate D Assignment Agreement E‑1 E-1 Form of U.S. Tax Compliance Certificate E‑2 E-2 Form of U.S. Tax Compliance Certificate E‑3 E-3 Form of U.S. Tax Compliance Certificate E‑4 E-4 Form of U.S. Tax Compliance Certificate F‑1 Closing Date Certificate F‑2 Solvency Certificate G Counterpart Agreement H Security Agreement I Mortgage J Landlord Waiver and Personal Property Collateral Access Agreement K Intercompany Note and Subordination I Wind-Down Budget CREDIT AND GUARANTY AGREEMENT This CREDIT AND GUARANTY AGREEMENT, dated as of October 4April 13, 20192018, is entered into by and among THE ONE GROUP HOSPITALITY, BLUELINX HOLDINGS INC., a Delaware corporation (the “HoldingsBorrower”), THE ONE GROUP, LLC, a Delaware limited liability company (the “Company”), and certain of their respective SubsidiariesCERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders party hereto from time to time, and XXXXXXX XXXXX BANK USA HPS INVESTMENT PARTNERS, LLC (“GSBHPS”), as administrative agent Administrative Agent (together with its permitted successors in such capacity, the “Administrative Agent”) and collateral agent as the Collateral Agent (together with its permitted successor in such capacity, the “Collateral Agent”) for the Lenders).

Certain Affiliate Transactions. EXHIBITS: A-1 Funding Notice A-2 Issuance Notice B Conversion/Continuation Notice C Compliance Certificate D Assignment Agreement E‑1 E-1 U.S. Tax Compliance Certificate E‑2 E-2 U.S. Tax Compliance Certificate E‑3 E-3 U.S. Tax Compliance Certificate E‑4 E-4 U.S. Tax Compliance Certificate F‑1 F-1 Closing Date Certificate F‑2 F-2 Solvency Certificate G Counterpart Agreement H Intercompany Note and Subordination I Wind-Down Budget CREDIT AND GUARANTY AGREEMENT This CREDIT AND GUARANTY AGREEMENT, dated as of October 4, 2019, is entered into by and among THE ONE GROUP HOSPITALITY, INC., a Delaware corporation (“Holdings”), THE ONE GROUP, LLC, a Delaware limited liability company (the “Company”), and certain of their respective Subsidiaries, as Guarantors, the Lenders party hereto from time to time, and XXXXXXX XXXXX BANK USA GXXXXXX SXXXX SPECIALTY LENDING GROUP, L.P. (“GSBGSSLG”), as administrative agent (in such capacity, “Administrative Agent”) and GXXXXXX SXXXX BANK USA (“GSB”), as collateral agent (in such capacity, “Collateral Agent”) for the Lenders.

Certain Affiliate Transactions. EXHIBITS: A-1 A B C D E-1 E-2 E-3 E-4 F G H I Funding Notice A-2 Issuance Notice B Conversion/Continuation Notice C Note Compliance Certificate D Assignment Agreement E‑1 U.S. Tax Compliance Certificate E‑2 U.S. Tax Compliance Certificate E‑3 U.S. Tax Compliance Certificate E‑4 U.S. Tax Compliance Certificate F‑1 Closing Date Certificate F‑2 Solvency Certificate G Counterpart Joinder Agreement H Intercompany Note Pledge and Subordination I Wind-Down Budget Security Agreement Landlord Collateral Access Agreement CREDIT AND GUARANTY AGREEMENT This CREDIT AND GUARANTY AGREEMENT, dated as of October 4November 15, 20192018, (as amended on January 17, 2019 by Amendment No.1 (as defined below)), is entered into by and among THE ONE GROUP HOSPITALITY, WAITR INC., a Delaware corporation (“HoldingsBorrower”), THE ONE GROUPWAITR INTERMEDIATE HOLDINGS, LLC, a Delaware limited liability company (the “CompanyHoldings”), ) and certain of their respective SubsidiariesCERTAIN SUBSIDIARIES OF BORROWER, as Guarantors, the Lenders LENDERS party hereto from time to time, and XXXXXXX XXXXX BANK USA LUXOR CAPITAL GROUP, LP (“GSBLuxor Capital”), as administrative agent Administrative Agent (in such capacity, “Administrative Agent”) and collateral agent ), Collateral Agent (in such capacity, “Collateral Agent”) for the Lendersand Lead Arranger.