Common use of Reaffirmation of Documents Clause in Contracts

Reaffirmation of Documents. Except as herein expressly modified, the parties hereto ratify and confirm all of the terms, conditions warranties and covenants of the Agreement, and all security agreements, pledge agreements, mortgage deeds, assignments, subordination agreements, or other instruments or documents executed in connection with the Agreement, including provisions for the payment of the Notes pursuant to the terms of the Agreement. This Amendment No. 2 does not constitute the extinguishment of any obligation or indebtedness previously incurred, nor does it in any manner affect or impair any security interest granted to the Bank, all of such security interests to be continued in full force and effect until the indebtedness described herein is fully satisfied. The Borrower and the Bank have executed this Amendment No. 2 as of the date first above written. BANK ONE, COLUMBUS, NA By: Name: Elizxxxxx X. Xxxxxxxxxxx Its: Vice President WARNING - BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. DRUG EMPORIUM, INC. By: Name: Its: EXHIBIT A FORM OF LANDLORD'S WAIVER AND CONSENT EXHIBIT B FIRST AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT NOTE EXHIBIT C ASSIGNMENT OF INDEMNIFICATION RIGHT EXHIBIT D ESTOPPEL LETTER AMENDMENT NO. 3 TO THIRD AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT DATED AS OF NOVEMBER 13, 1995 THIS AMENDMENT NO. 3 ("Amendment") is dated as of December 13, 1996, between DRUG EMPORIUM, INC. (the "Borrower") and BANK ONE, COLUMBUS, NA (the "Bank").

Reaffirmation of Documents. Except as herein expressly modified, the parties hereto ratify and confirm all of the terms, conditions conditions, warranties and covenants of the Agreement, and all security agreements, pledge agreements, mortgage deeds, assignments, subordination agreements, or other instruments or documents executed in connection with the Agreement, including provisions for the payment of the Notes pursuant to the terms of the Agreement. This The parties hereto agree that this Amendment No. 2 4 does not constitute the extinguishment of any obligation or indebtedness previously incurred, incurred nor does it in any manner affect or impair any security interest granted to the Bank, all of such security interests to be continued in full force and effect until the indebtedness described herein is fully satisfied. The Borrower and the Bank parties have executed this Amendment No. 2 4 as of the date first above written. BANK ONE, COLUMBUS, NA By: Name: Elizxxxxx X. Xxxxxxxxxxx Its: Vice President WARNING - BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. DRUG EMPORIUMMAX & ERMA'S RESTAURANTS, INC. By: Name: Its: EXHIBIT A FORM OF LANDLORD'S WAIVER AND CONSENT EXHIBIT B FIRST AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT NOTE EXHIBIT C ASSIGNMENT OF INDEMNIFICATION RIGHT EXHIBIT D ESTOPPEL LETTER AMENDMENT NO. 3 TO THIRD AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT DATED AS OF NOVEMBER 13, 1995 THIS AMENDMENT NO. 3 ("Amendment") is dated as of December 13, 1996, between DRUG EMPORIUM, INC. (the "Borrower") and BANK ONE, COLUMBUS, NA (the "Bank").THE PROVIDENT BANK

Reaffirmation of Documents. Except as herein expressly modified, the parties hereto ratify and confirm all of the terms, conditions conditions, warranties and covenants of the Agreement, and all security agreements, pledge agreements, mortgage deeds, assignments, subordination agreements, or other instruments or documents executed in connection with the Agreement, including provisions for the payment of the Notes pursuant to the terms of the Agreement. This The parties hereto agree that this Amendment No. 2 3 does not constitute the extinguishment of any obligation or indebtedness previously incurred, incurred nor does it in any manner affect or impair any security interest granted to the Bank, all of such security interests to be continued in full force and effect until the indebtedness described herein is fully satisfied. The Borrower and the Bank parties have executed this Amendment No. 2 3 as of the date first above written. BANK ONE, COLUMBUS, NA By: Name: Elizxxxxx X. Xxxxxxxxxxx Its: Vice President WARNING - BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. DRUG EMPORIUMMAX & ERMA'S RESTAURANTS, INC. THE PROVIDENT BANK By: Name/s/ Xxxxxxx X. Xxxxxxx, Xx. By: Its: EXHIBIT A FORM OF LANDLORD'S WAIVER AND CONSENT EXHIBIT B FIRST AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT NOTE EXHIBIT C ASSIGNMENT OF INDEMNIFICATION RIGHT EXHIBIT D ESTOPPEL LETTER AMENDMENT NO. 3 TO THIRD AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT DATED AS OF NOVEMBER 13, 1995 THIS AMENDMENT NO. 3 ("Amendment") is dated as of December 13, 1996, between DRUG EMPORIUM, INC. (the "Borrower") and BANK ONE, COLUMBUS, NA (the "Bank")./s/ Xxxxxxx X. Xxxxxx _________________________________ _________________________________

Reaffirmation of Documents. Except as herein expressly modified, the parties hereto ratify and confirm all of the terms, conditions conditions, warranties and covenants of the Agreement, and all security agreements, pledge agreements, mortgage deeds, assignments, subordination agreements, or other instruments or documents executed in connection with the Agreement, including provisions for the payment of the Notes pursuant to the terms of the Agreement. This Amendment No. 2 3 does not constitute the extinguishment of any obligation or indebtedness previously incurred, nor does it in any manner affect or impair any security interest granted to the Bank, all of such security interests to be continued in full force and effect until the indebtedness described herein is fully satisfied. The Borrower and the Bank have executed this Amendment No. 2 3 as of the date first above written. BANK ONE, COLUMBUS, NA By: /s/ ELIZXXXXX X. XXXXXXXXXXX ------------------------------------ Name: Elizxxxxx X. Xxxxxxxxxxx Its: Vice President WARNING - BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. DRUG EMPORIUM, INC. By: /s/ DAVIX X. XXXXXXX ------------------------------------ Name: Davix X. Xxxxxxx, Its: Chief Executive Officer EXHIBIT A FORM OF LANDLORD'S WAIVER AND CONSENT EXHIBIT B FIRST SECOND AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT NOTE EXHIBIT C ASSIGNMENT OF INDEMNIFICATION RIGHT EXHIBIT D ESTOPPEL LETTER AMENDMENT NO. 3 TO THIRD AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT DATED AS OF NOVEMBER 13NOTE $5,000,000 Powell, 1995 THIS AMENDMENT NO. 3 Ohio April 18, 1997 On or before May 30, 1997, (the "AmendmentMaturity Date") is dated as of December 13for value received, 1996the undersigned, between DRUG EMPORIUM, INC. ., a Delaware corporation (the "BorrowerCompany") and ), hereby promises to pay to the order of BANK ONE, COLUMBUS, NA (the "BankLender") or its assigns, as further provided in this promissory note ("Note"), the principal amount of Five Million Dollars ($5,000,000), together with interest on the unpaid principal balance from time to time outstanding hereunder until paid in full, at the rates determined and payable at the times as herein specified. Both principal and interest are payable in federal funds or other immediately available money of the United States of America at the Main Office of the Lender, Bank One, Columbus, NA, 100 Xxxx Xxxxx Xxxxxx, Xxxxxxxx, Xxxx.

Reaffirmation of Documents. Except as herein expressly modified, the parties hereto ratify and confirm all of the terms, conditions conditions, warranties and covenants of the Agreement, and all security agreements, pledge agreements, mortgage deeds, assignments, subordination agreements, or other instruments or documents executed in connection with the Agreement, including provisions for the payment of the Notes pursuant to the terms of the Agreement. This The parties hereto agree that this Amendment No. 2 6 does not constitute the extinguishment of any obligation or indebtedness previously incurred, incurred nor does it in any manner affect or impair any security interest granted to the Bank, all of such security interests to be continued in full force and effect until the indebtedness described herein is fully satisfied. The Borrower and the Bank parties have executed this Amendment No. 2 6 as of the date first above written. BANK ONE, COLUMBUS, NA By: Name: Elizxxxxx X. Xxxxxxxxxxx Its: Vice President WARNING - BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. DRUG EMPORIUMMAX & ERMA'S RESTAURANTS, INC. By: Name: Its: EXHIBIT A FORM OF LANDLORD'S WAIVER AND CONSENT EXHIBIT B FIRST AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT NOTE EXHIBIT C ASSIGNMENT OF INDEMNIFICATION RIGHT EXHIBIT D ESTOPPEL LETTER AMENDMENT NO. 3 TO THIRD AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT DATED AS OF NOVEMBER 13, 1995 THIS AMENDMENT NO. 3 ("Amendment") is dated as of December 13, 1996, between DRUG EMPORIUM, INC. (the "Borrower") and BANK ONE, COLUMBUS, NA (the "Bank").NATIONAL CITY BANK

Reaffirmation of Documents. Except as herein expressly modified, the parties hereto ratify and confirm all of the terms, conditions conditions, warranties and covenants of the Agreement, and all security agreements, pledge agreements, mortgage deeds, assignments, subordination agreements, or other instruments or documents executed in connection with the Agreement, including provisions for the payment of the Notes pursuant to the terms of the Agreement. This The parties hereto agree that this Amendment No. 2 5 does not constitute the extinguishment of any obligation or indebtedness previously incurred, incurred nor does it in any manner affect or impair any security interest granted to the Bank, all of such security interests to be continued in full force and effect until the indebtedness described herein is fully satisfied. The Borrower and the Bank parties have executed this Amendment No. 2 5 as of the date first above written. BANK ONE, COLUMBUS, NA By: Name: Elizxxxxx X. Xxxxxxxxxxx Its: Vice President WARNING - BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. DRUG EMPORIUMMAX & ERMA'S RESTAURANTS, INC. By: Name: Its: EXHIBIT A FORM OF LANDLORD'S WAIVER AND CONSENT EXHIBIT B FIRST AMENDMENT TO THIRD AMENDED AND RESTATED REVOLVING CREDIT NOTE EXHIBIT C ASSIGNMENT OF INDEMNIFICATION RIGHT EXHIBIT D ESTOPPEL LETTER AMENDMENT NO. 3 TO THIRD AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT DATED AS OF NOVEMBER 13, 1995 THIS AMENDMENT NO. 3 ("Amendment") is dated as of December 13, 1996, between DRUG EMPORIUM, INC. (the "Borrower") and BANK ONE, COLUMBUS, NA (the "Bank").NATIONAL CITY BANK

Reaffirmation of Documents. Except as herein expressly modified, the parties hereto ratify and confirm all of the terms, conditions conditions, warranties and covenants of the Agreement, and all security agreements, pledge agreements, mortgage deeds, assignments, subordination agreements, or other instruments or documents executed in connection with the Agreement, including provisions for the payment of the Notes pursuant to the terms of the Agreement. This The parties hereto agree that this Amendment No. 2 1 does not constitute the extinguishment of any obligation or indebtedness previously incurred, incurred nor does it in any manner affect or impair any security interest granted to the Bank, all of such security interests to be continued in full force and effect until the indebtedness described herein is fully satisfied. The Borrower and the Bank parties have executed this Amendment No. 2 1 as of the date first above written. BANK ONE, COLUMBUS, NA By: Name: Elizxxxxx X. Xxxxxxxxxxx Its: Vice President WARNING - BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. DRUG EMPORIUMMAX & ERMA'S RESTAURANTS, INC. THE PROVIDENT BANK By: By: ------------------------------- ---------------------------------- Name: William C. Niegsch, Jr. Name: Michael D. Davis Its: EXHIBIT A FORM OF LANDLORD'S WAIVER AND CONSENT EXHIBIT B FIRST AMENDMENT TO THIRD AMENDED AND RESTATED Cxxxx Xxxxxxxxx Xxxxxxx Its: Vxxx Xxxxxxxxx Address for Notices: Address for Notices: 4849 Evanswood Drive 10 West Broad Street Colxxxxx, XX 00000 Colxxxxx, XX 00000 Xxxx: Xxxxxxx X. Xxxxxxh, Jr. Attenxxxx: Xxxxxxx X. Xavis Texxxxxxx Xx.: 000-000-0000 Telephoxx Xx.: 000-000-0388 Telecopy No.: 000-000-0875 REVOLVING CREDIT NOTE EXHIBIT C ASSIGNMENT OF INDEMNIFICATION RIGHT EXHIBIT D ESTOPPEL LETTER AMENDMENT NO. 3 TO THIRD AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT DATED AS OF NOVEMBER 13================================================================================ $12,800,000 Columbus, 1995 THIS AMENDMENT NO. 3 ("Amendment") is dated as Ohio April 30, 2002 ================================================================================ On or before the later to occur of December 13the Revolving Credit Maturity Date or the Extended Maturity Date, 1996for value received, between DRUG EMPORIUMthe undersigned, MAX & ERMA'S RESTAURANTS, INC. ., a Delaware corporation (the "BorrowerCompany") and BANK ONE), COLUMBUShereby promises to pay to the order of THE PROVIDENT BANK, NA an Ohio banking association (the "Bank")) or its assigns, as further provided herein, the principal amount of Twelve Million Eight Hundred Thousand Dollars ($12,800,000) or, if such principal is less, the aggregate unpaid principal amount of all loans made by the Bank to the Company pursuant to this Revolving Credit Note under the Agreement referred to in Section 1 hereof, together with interest on the unpaid principal balance from time to time outstanding hereunder until paid in full at the rates determined in accordance with the provisions of Section 1.4 of the Agreement, payable quarterly on the last day of each January, April, July, and October, commencing on the first such date following the date hereof. Both principal and interest are payable in federal funds or other immediately available money of the United States of America at the Main Office of the Bank, One East Fourth Street, Columbus, Ohio 45202.