AGREEMENT DAVCO RESTAURANTS, INC. December 18, 1997Agreement • June 7th, 2004 • Friendco Restaurants Inc • Retail-eating places
This Agreement (the “Agreement”) between DavCo Restaurants, Inc. (“DRI”) and Coca-Cola USA Fountain (“CCF”), an operating unit of The Coca-Cola Company, sets forth the terms and conditions of certain programs related to the availability and marketing of CCF’s Fountain Beverages in restaurants and other outlets owned or operated by DRI or its subsidiaries.
DISTRIBUTOR SERVICE AGREEMENTDistributor Service Agreement • June 7th, 2004 • Friendco Restaurants Inc • Retail-eating places • New York
THIS DISTRIBUTOR SERVICE AGREEMENT, effective as of 15th Day of September, 2002 (“Effective Date”) by and between DavCo Restaurants, Inc., a Delaware corporation (“Company”); and MAINES PAPER & FOOD SERVICE, INC., a New York corporation (“Distributor”).
FORM OF WENDY'S INTERNATIONAL, INC. UNIT FRANCHISE AGREEMENTUnit Franchise Agreement • June 7th, 2004 • Friendco Restaurants Inc • Retail-eating places • Ohio
THIS UNIT FRANCHISE AGREEMENT (the "Agreement") is made and entered into , 2003, between WENDY'S INTERNATIONAL, INC., an Ohio corporation with offices at 4288 West Dublin-Granville Road, Dublin, Ohio 43017 ("Franchisor"), and DAVCO RESTAURANTS, INC., a Delaware corporation, and DAVCO ACQUISITION HOLDING, INC., a Delaware corporation ("Franchisee").
FRANCHISE ADDENDUM AGREEMENTFranchise Addendum Agreement • June 7th, 2004 • Friendco Restaurants Inc • Retail-eating places
This Franchise Addendum Agreement (the "Addendum") is made in Dublin, Ohio, as of the date set forth below, by and between Wendy's International, Inc., an Ohio corporation (hereinafter "Wendy's"), DavCo Restaurants, Inc., a Delaware corporation (hereinafter "Davco"), and Davco Acquisition Holding Inc., a Delaware corporation ("Davco Holding").
LOAN AGREEMENT between WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, f/k/a NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, as Indenture Trustee under that certain Indenture dated November 1, 1999 and FRIENDCO RESTAURANTS, INC., a Maryland...Loan Agreement • June 7th, 2004 • Friendco Restaurants Inc • Retail-eating places • Maryland
THIS LOAN AGREEMENT (the “Agreement”) is made as of July 12, 2001 between FRIENDCO RESTAURANTS, INC., a Maryland corporation, DAVCO RESTAURANTS, INC., a Delaware corporation, and DAVCO ACQUISITION HOLDING INC., a Delaware corporation, each of whose address is 1657 Crofton Boulevard, Crofton, Maryland 21114 (herein, collectively, “Borrower”) and WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION f/k/a NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, as Indenture Trustee under that certain Indenture dated November 1, 1999, whose address is c/o Corporate Trust Services, 1015 10th Avenue SE, Minneapolis, MN 55414 (herein “Lender”).
AGREEMENT MODIFYING LOAN TERMSAgreement Modifying Loan Terms • June 7th, 2004 • Friendco Restaurants Inc • Retail-eating places • Florida
This AGREEMENT MODIFYING LOAN TERMS (“Agreement”) dated as of the 12th day of July, 2001, by and among WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, f/k/a Norwest Bank N.A., as Indenture Trustee under that certain Indenture dated as of November 1, 1999 (“Lender”), and DAVCO RESTAURANTS, INC., a Delaware corporation (“DavCo”), DAVCO ACQUISITION HOLDING INC., a Delaware corporation (“Holdings”), FRIENDCO RESTAURANTS, INC., a Maryland corporation (“FriendCo”), and HERON REALTY CORPORATION, a Maryland corporation (“Heron”) (DavCo and Holdings are hereinafter referred to individually as “Borrower” and collectively as “Borrowers”; Borrowers, FriendCo and Heron are hereinafter collectively referred to as “Loan Parties”).
AMENDED AND RESTATED AGREEMENT AND CONSENT TO ASSIGNMENT by and among WENDY’S INTERNATIONAL, INC., DAVCO ACQUISITION HOLDING INC., DAVCO RESTAURANTS, INC. and Others April 16, 2004Friendco Restaurants Inc • June 7th, 2004 • Retail-eating places • Ohio
This AMENDED AND RESTATED AGREEMENT AND CONSENT TO ASSIGNMENT (this “Amended Consent to Assignment” or this “Agreement”) is made in Dublin, Ohio, effective as of April 16, 2004, by and among WENDY’S INTERNATIONAL, INC., an Ohio corporation (“Wendy’s”); DAVCO ACQUISITION HOLDING INC., a Delaware corporation (“DavCo Restaurants”); DAVCO RESTAURANTS, INC., a Delaware corporation (“DavCo Operations”); HARVEY ROTHSTEIN, individually (“Rothstein”); RONALD D. KIRSTIEN, individually (“Kirstien”); DAVID J. NORMAN, individually (“Norman”); JOSEPH F. CUNNANE, III, individually (“Cunnane”); RICHARD H. BORCHERS, individually (“Borchers”); HARVEY ROTHSTEIN, in his capacity as sole trustee of each of the JONATHAN ROTHSTEIN TRUST, the PATRICK DREWS TRUST and the SEAN DREWS TRUST (individually and collectively, the “Rothstein Trusts”); RONALD D. KIRSTIEN, in his capacity as sole trustee of the KIRSTIEN FAMILY TRUST (the “Kirstien Trust” and collectively with the Rothstein Trusts, the “Trusts”); and CIT
