Standard Contracts
CREDIT AGREEMENT among BRAVO BRIO RESTAURANT GROUP, INC. as Borrower, THE DOMESTIC SUBSIDIARIES OF THE BORROWER FROM TIME TO TIME PARTIES HERETO, as Guarantors, THE LENDERS PARTIES HERETO, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative...Credit Agreement • October 27th, 2010 • Bravo Brio Restaurant Group, Inc. • Retail-eating places • New York
CREDIT AGREEMENT, dated as of October 26, 2010, among BRAVO BRIO RESTAURANT GROUP, INC., an Ohio corporation (the “Borrower”), each of those Domestic Subsidiaries of the Borrower identified as a “Guarantor” on the signature pages hereto and such other Domestic Subsidiaries of the Borrower as may from time to time become a party hereto (collectively the “Guarantors” and individually a “Guarantor”), the several banks and other financial institutions from time to time parties to this Credit Agreement (collectively the “Lenders” and individually a “Lender”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent” or the “Agent”).
Bravo Brio Restaurant Group, Inc. Common Shares UNDERWRITING AGREEMENTUnderwriting Agreement • March 30th, 2011 • Bravo Brio Restaurant Group, Inc. • Retail-eating places • New York
JEFFERIES & COMPANY, INC. PIPER JAFFRAY & CO. WELLS FARGO SECURITIES, LLC As Representatives of the several Underwriters c/o JEFFERIES & COMPANY, INC. 520 Madison Avenue New York, New York 10022
EMPLOYMENT AGREEMENTEmployment Agreement • March 3rd, 2014 • Bravo Brio Restaurant Group, Inc. • Retail-eating places • Ohio
THIS EMPLOYMENT AGREEMENT (this “Agreement”), dated as of February 25, 2014 (the “Effective Date”), is made by and between Bravo Brio Restaurant Group, Inc., an Ohio corporation (the “Employer”) and Saed Mohseni (“Executive”).
Bravo Brio Restaurant Group, Inc. Common Shares UNDERWRITING AGREEMENTUnderwriting Agreement • October 19th, 2010 • Bravo Brio Restaurant Group, Inc. • Retail-eating places • New York
JEFFERIES & COMPANY, INC. PIPER JAFFRAY & CO. WELLS FARGO SECURITIES, LLC As Representatives of the several Underwriters c/o JEFFERIES & COMPANY, INC. 520 Madison Avenue New York, New York 10022
FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVERCredit Agreement • November 2nd, 2016 • Bravo Brio Restaurant Group, Inc. • Retail-eating places • New York
CREDIT AGREEMENT, dated as of November 5, 2014 (as amended in its entirety by that certain First Amendment to Credit Agreement and Waiver dated as of October 31, 2016), among BRAVO BRIO RESTAURANT GROUP, INC., an Ohio corporation (the “Borrower”), each of the Domestic Subsidiaries of the Borrower (other than Immaterial Subsidiaries) from time to time party hereto (collectively the “Guarantors” and individually a “Guarantor”), the several banks and other financial institutions from time to time parties to this Credit Agreement (collectively the “Lenders” and individually a “Lender”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent” or the “Agent”).
EXECUTION VERSION AGREEMENT AND PLAN OF MERGER by and among BUGATTI PARENT, INC., BUGATTI MERGER SUB, INC. and BRAVO BRIO RESTAURANT GROUP, INC. Dated as of March 7, 2018Merger Agreement • March 8th, 2018 • Bravo Brio Restaurant Group, Inc. • Retail-eating places • Ohio
EMPLOYMENT AGREEMENTEmployment Agreement • October 2nd, 2017 • Bravo Brio Restaurant Group, Inc. • Retail-eating places • New York
THIS EMPLOYMENT AGREEMENT (this “Agreement”), dated as of October 2, 2017 (the “Effective Date”), is made by and between Bravo Brio Restaurant Group, Inc., an Ohio corporation (the “Employer”) and Diane D. Reed (“Executive”).
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 15th, 2018 • Bravo Brio Restaurant Group, Inc. • Retail-eating places • New York
This FOURTH AMENDMENT TO CREDIT AGREEMENT, dated as of March 14, 2018 (this “Agreement”), is by and among BRAVO BRIO RESTAURANT GROUP, INC., an Ohio corporation (the “Borrower”), the Lenders party hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent to the Lenders (in such capacity, the “Administrative Agent”). All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).
AMENDED AND RESTATED WAIVER AGREEMENTWaiver Agreement • July 17th, 2017 • Bravo Brio Restaurant Group, Inc. • Retail-eating places • New York
THIS AMENDED AND RESTATED WAIVER AGREEMENT dated as of July 13, 2017 (the “Agreement”) is entered into among Bravo Brio Restaurant Group, Inc., an Ohio corporation (the “Borrower”), the Guarantors party hereto, the Lenders party hereto and Wells Fargo Bank, National Association, as Administrative Agent. All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).
SECURITIES HOLDERS AGREEMENT by and among BRAVO DEVELOPMENT, INC., BRAVO DEVELOPMENT HOLDINGS LLC, ALTON F. DOODY, III, JOHN C. DOODY, and THE OTHER INVESTORS AND PARTIES NAMED HEREIN Dated as of June 29, 2006Securities Holders Agreement • July 2nd, 2010 • Bravo Brio Restaurant Group, Inc. • New York
THIS IS A SECURITIES HOLDERS AGREEMENT, dated as of June 29, 2006 (the “Agreement”), by and among Bravo Development, Inc., an Ohio corporation (the “Company”), Bravo Development Holdings LLC, a Delaware limited liability company (“Holdings”), Alton F. Doody, III (“Rick”), John C. Doody (“Chris”), and the other individuals designated as Founding Investors on the signature pages hereto (collectively with Rick and Chris, the “Founding Investors”). Holdings, each of the Founding Investors and any other investor in the Company who becomes a party to or agrees to be bound by this Agreement are sometimes referred to herein individually as an “Investor” and collectively as the “Investors.”
FIRST AMENDMENT TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • July 2nd, 2010 • Bravo Brio Restaurant Group, Inc. • New York
THIS FIRST AMENDMENT TO NOTE PURCHASE AGREEMENT dated as of March 17, 2008 (the “Amendment”), by and among Bravo Development, Inc., an Ohio corporation (the “Borrower”), Bravo Development Holdings, LLC, a Delaware limited liability company (“Holdings”), the Guarantors, the Purchasers and Golub Capital Incorporated, as Administrative Agent for the Purchasers. All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Note Purchase Agreement (as defined below).
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 12th, 2018 • Bravo Brio Restaurant Group, Inc. • Retail-eating places • New York
This THIRD AMENDMENT TO CREDIT AGREEMENT, dated as of February 9, 2018 (this “Agreement”), is by and among BRAVO BRIO RESTAURANT GROUP, INC., an Ohio corporation (the “Borrower”), the Lenders party hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent to the Lenders (in such capacity, the “Administrative Agent”). All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).
WAIVER AGREEMENTWaiver Agreement • June 8th, 2017 • Bravo Brio Restaurant Group, Inc. • Retail-eating places • New York
THIS WAIVER AGREEMENT dated as of June 8, 2017 (the “Agreement”) is entered into among Bravo Brio Restaurant Group, Inc., an Ohio corporation (the “Borrower”), the Guarantors party hereto, the Lenders party hereto and Wells Fargo Bank, National Association, as Administrative Agent. All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).
Bravo Brio Restaurant Group, Inc. Foodservice Distribution Agreement ScheduleFoodservice Distribution Agreement • March 3rd, 2014 • Bravo Brio Restaurant Group, Inc. • Retail-eating places
Units: See attached exhibit entitled Units under Bravo Brio Restaurant Group, Inc, Foodservice Distribution Agreement
WAIVER AND SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 4th, 2017 • Bravo Brio Restaurant Group, Inc. • Retail-eating places • New York
This WAIVER AND SECOND AMENDMENT TO CREDIT AGREEMENT, dated as of August 1, 2017 (this “Agreement”), is by and among BRAVO BRIO RESTAURANT GROUP, INC., an Ohio corporation (the “Borrower”), the Lenders party hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent to the Lenders (in such capacity, the “Administrative Agent”). All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).
REGISTRATION RIGHTS AGREEMENT by and among BRAVO DEVELOPMENT, INC., BRAVO DEVELOPMENT HOLDINGS LLC, and THE OTHER INVESTORS NAMED HEREIN Dated as of June 29, 2006Registration Rights Agreement • July 2nd, 2010 • Bravo Brio Restaurant Group, Inc. • New York
THIS IS A REGISTRATION RIGHTS AGREEMENT, dated as of June 29, 2006 (the “Agreement”), by and among Bravo Development, Inc., an Ohio corporation (the “Company”), Bravo Development Holdings LLC, a Delaware limited liability company (“Holdings”), and the individuals designated as Management Investors on the signature pages hereto (the “Management Investors”). Holdings and each of the Management Investors are sometimes referred to herein individually as an “Investor” and collectively as the “Investors.”
NEW INVESTORS SECURITIES HOLDERS AGREEMENT by and among BRAVO DEVELOPMENT, INC., BRAVO DEVELOPMENT HOLDINGS LLC, and THE OTHER INVESTORS AND PARTIES NAMED HEREIN Dated as of June 29, 2006New Investors Securities Holders Agreement • July 2nd, 2010 • Bravo Brio Restaurant Group, Inc. • New York
THIS IS A NEW INVESTORS SECURITIES HOLDERS AGREEMENT, dated as of June 29, 2006 (the “Agreement”), by and among Bravo Development, Inc., an Ohio corporation (the “Company”), Bravo Development Holdings LLC, a Delaware limited liability company (“Holdings”), and the individuals designated as Management Investors on the signature pages hereto (the “Management Investors”). Holdings, each of the Management Investors and any other investor in the Company who becomes a party to or agrees to be bound by this Agreement are sometimes referred to herein individually as an “Investor” and collectively as the “Investors.”
EXCHANGE AGREEMENT dated as of __________, 2010 by and among BRAVO BRIO RESTAURANT GROUP, INC., BRAVO DEVELOPMENT HOLDINGS LLC and THE INDIVIDUAL SHAREHOLDERS OF BRAVO BRIO RESTAURANT GROUP, INC.Exchange Agreement • September 3rd, 2010 • Bravo Brio Restaurant Group, Inc. • Retail-eating places • Ohio
Bravo Brio Restaurant Group, Inc. Foodservice Distribution Agreement ScheduleFoodservice Distribution Agreement • February 17th, 2011 • Bravo Brio Restaurant Group, Inc. • Retail-eating places
Term: February 1, 2011 — January 31, 2014 at 5 p.m. Chicago time. The Term will automatically renew for 2 successive one-year periods thereafter, unless you or DMA give notice of non-renewal to the other at least 90 days prior to the end of the Term specified in the Schedule or any successive one-year period.
COMPANY LETTERHEAD]Employment Agreement • August 4th, 2017 • Bravo Brio Restaurant Group, Inc. • Retail-eating places
Bravo! Development, Inc. Foodservice Distribution Agreement ScheduleFoodservice Distribution Agreement • August 13th, 2010 • Bravo Brio Restaurant Group, Inc. • Retail-eating places
DMA and Distributors (“we” or “us”) agree to furnish foodservice distribution of the Products and related services to Customer (“you”) for the Restaurant Concepts located at the Units during the Term of this Agreement as follows. Capitalized terms are defined either in the Schedule or in the section where first used.
EXCHANGE AGREEMENT dated as of October ____, 2010 by and among BRAVO BRIO RESTAURANT GROUP, INC., BRAVO DEVELOPMENT HOLDINGS LLC and ALL OTHER SHAREHOLDERS OF BRAVO BRIO RESTAURANT GROUP, INC.Exchange Agreement • October 19th, 2010 • Bravo Brio Restaurant Group, Inc. • Retail-eating places • Ohio
This is an Exchange Agreement (this “Agreement”) dated as of October __ 2010, by and among Bravo Brio Restaurant Group, Inc., an Ohio corporation (the “Company”), Bravo Development Holdings LLC, a Delaware limited liability company and majority shareholder of the Company (“Holdings”), and all other shareholders of the Company (which shareholders are listed on the signature pages hereto) (together with Holdings, the “Shareholders”).
COMPANY LETTERHEAD]Employment Agreement • August 4th, 2017 • Bravo Brio Restaurant Group, Inc. • Retail-eating places
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 5th, 2013 • Bravo Brio Restaurant Group, Inc. • Retail-eating places • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of October 10, 2012, is by and among BRAVO BRIO RESTAURANT GROUP, INC., an Ohio corporation (the “Borrower”), the Domestic Subsidiaries of the Borrower as may from time to time become a party hereto (the “Guarantors”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent on behalf of the Lenders under the Credit Agreement (as hereinafter defined) (in such capacity, the “Administrative Agent”) and each Lender party hereto. Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement.
INDEMNIFICATION AGREEMENTIndemnification Agreement • March 5th, 2013 • Bravo Brio Restaurant Group, Inc. • Retail-eating places • Ohio
This Indemnification Agreement (the “Agreement”) is made and entered into this [—] day of [—], 2013, by and between Bravo Brio Restaurant Group, Inc., an Ohio corporation (the “Company,” which term shall include, where appropriate, any Entity (as hereinafter defined) controlled directly or indirectly by the Company), and [—] (the “Indemnitee”).
MANAGEMENT AGREEMENTManagement Agreement • July 2nd, 2010 • Bravo Brio Restaurant Group, Inc. • New York
MANAGEMENT AGREEMENT (this “Agreement’) made as of this 29th day of June, 2006 by and among Bruckmann, Rosser, Sherrill & Co., Inc., a Delaware corporation (“BRS”), Castle Harlan, Inc., a Delaware corporation (“CHI”) and Bravo Development, Inc., an Ohio corporation (the “Company”).
MANAGEMENT AGREEMENTManagement Agreement • July 2nd, 2010 • Bravo Brio Restaurant Group, Inc. • New York
MANAGEMENT AGREEMENT (this “Agreement’) made as of this 29th day of June, 2006 by and among Castle Harlan, Inc., a Delaware corporation (“CHI”), Bruckmann, Rosser, Sherrill & Co., Inc., a Delaware corporation (“BRS”) and Bravo Development, Inc., an Ohio corporation (the “Company”).
NOTE PURCHASE AGREEMENT among BRAVO DEVELOPMENT, INC. as Borrower, BRAVO DEVELOPMENT HOLDINGS LLC, and THE DOMESTIC SUBSIDIARIES OF THE BORROWER FROM TIME TO TIME PARTIES HERETO, as Guarantors, THE PURCHASERS PARTIES HERETO, and GOLUB CAPITAL...Note Purchase Agreement • July 2nd, 2010 • Bravo Brio Restaurant Group, Inc. • New York
NOTE PURCHASE AGREEMENT, dated as of June 29, 2006, among BRAVO DEVELOPMENT, INC., an Ohio corporation (the “Borrower”), BRAVO DEVELOPMENT HOLDINGS LLC (“Holdings”), a Delaware limited liability company, and each of those Domestic Subsidiaries of the Borrower identified as a “Guarantor” on the signature pages hereto and such other Domestic Subsidiaries of the Borrower as may from time to time become a party hereto (together with Holdings, collectively the “Guarantors” and individually a “Guarantor”), the purchasers from time to time parties to this Note Purchase Agreement (collectively the “Purchasers” and individually a “Purchaser”), and GOLUB CAPITAL INCORPORATED, a New York corporation, as administrative agent for the Purchasers hereunder (in such capacity, the “Administrative Agent” or the “Agent”).
AGREEMENT AND PLAN OF REORGANIZATIONAgreement and Plan of Reorganization • September 3rd, 2010 • Bravo Brio Restaurant Group, Inc. • Retail-eating places
This is an Agreement and Plan of Reorganization dated as of _____________, 2010, by Bravo Development Holdings LLC, a Delaware limited liability company (“BDH”), and Bravo Brio Restaurant Group, Inc., an Ohio corporation (“BBRG”).
