EXHIBIT 99 JOINT FILING AGREEMENT The undersigned hereby agree that the Statement on Schedule 13D, dated September 19, 2008 (the "Schedule 13D"), with respect to the common stock, par value $0.01 per share, of BUCA, Inc. is, and any amendments...Joint Filing Agreement • September 19th, 2008 • Buca Financing LLC • Retail-eating places
The undersigned hereby agree that the Statement on Schedule 13D, dated September 19, 2008 (the "Schedule 13D"), with respect to the common stock, par value $0.01 per share, of BUCA, Inc. is, and any amendments executed by us shall be, filed on behalf of each of us pursuant to and in accordance with the provisions of Rule 13d-1(k) under the Securities Exchange Act of 1934, as amended, and that this Agreement shall be included as an exhibit to the Schedule 13D and each such amendment. Each of the undersigned agrees to be responsible for the timely filing of the Schedule 13D and any amendments thereto, and for the completeness and accuracy of the information concerning itself contained therein. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument.
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • August 12th, 2008 • Buca Financing LLC • Retail-eating places • New York
This INTERCREDITOR AND SUBORDINATION AGREEMENT is entered into as of August 5, 2008, between WELLS FARGO FOOTHILL, INC., a California corporation, as agent for the Senior Lenders (“Senior Agent”), and BUCA FINANCING, LLC, as agent for the Subordinated Lenders (“Subordinated Agent”), in light of the following:
BAY HARBOUR MANAGEMENT, L.C. New York, NY 10022 August 5, 2008Buca Financing LLC • August 12th, 2008 • Retail-eating places • New York
Bay Harbour Management, L.C. (the “Fund”) is pleased to offer this commitment, subject to the terms and conditions contained herein, to provide financing to you, Planet Hollywood International, Inc. (“Planet Hollywood”), for the sole purpose of acquiring, directly or indirectly, all of the equity interests of BUCA, Inc. (the “Target”) at a price per share of $0.45 (the “Acquisition”).
