Standard Contracts
FIRST WATCH RESTAURANT GROUP, INC. (a Delaware corporation) 9,459,000 Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • September 22nd, 2021 • First Watch Restaurant Group, Inc. • Retail-eating places • New York
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • March 7th, 2023 • First Watch Restaurant Group, Inc. • Retail-eating places • New York
CREDIT AGREEMENT, dated as of October 6, 2021 (this “Agreement”), by and among FWR Holding Corporation, a Delaware corporation (the “Borrower”), AI Fresh Parent, Inc., a Delaware corporation (“Holdings”), the Lenders from time to time party hereto, the Issuing Banks from time to time party hereto and Bank of America, N.A. (including its branches and correspondents) (“Bank of America”), in its capacities as administrative agent for the Lenders and collateral agent for the Secured Parties (in such capacities and together with its permitted successors and assigns, the “Administrative Agent”) and as an Issuing Bank and the Swingline Lender.
FIRST WATCH RESTAURANT GROUP, INC. (a Delaware corporation) [4,500,000] Shares of Common Stock FORM OF UNDERWRITING AGREEMENTUnderwriting Agreement • September 12th, 2022 • First Watch Restaurant Group, Inc. • Retail-eating places • New York
ContractRegistration Rights Agreement • March 23rd, 2022 • First Watch Restaurant Group, Inc. • Retail-eating places • Delaware
FIRST WATCH RESTAURANT GROUP, INC. (a Delaware corporation) 8,000,000 Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • November 13th, 2024 • First Watch Restaurant Group, Inc. • Retail-eating places • New York
Certain stockholders named in Schedule B hereto (the “Selling Shareholders”) of First Watch Restaurant Group, Inc., a Delaware corporation (the “Company”), confirm their respective agreements with the Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof, and to the extent there is only a single underwriter, the term “Underwriters” shall be deemed to refer to the single Underwriter, mutatis mutandis), with respect to (i) the sale by the Selling Shareholders, acting severally and not jointly, and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock, par value $0.01 per share, of the Company (“Common Stock”) set forth in Schedule A and B hereto and (ii) the grant by the Selling Shareholders to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purcha
FORM OF DIRECTOR AND OFFICER INDEMNIFICATION AGREEMENTIndemnification & Liability • September 7th, 2021 • First Watch Restaurant Group, Inc. • Retail-eating places • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of [•], 2021, between First Watch Restaurant Group, Inc., a Delaware corporation (the “Company”), and [•] (“Indemnitee”). Capitalized terms not defined elsewhere in this Agreement are used as defined in Section 13.
EMPLOYMENT AGREEMENTEmployment Agreement • September 7th, 2021 • First Watch Restaurant Group, Inc. • Retail-eating places • Florida
This EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of August 21, 2017 (the “Effective Date”) between First Watch Restaurants, Inc., a Delaware corporation (together with its successors and assigns permitted hereunder, the “Company”), and Christopher Tomasso (the “Executive”).
FIRST WATCH RESTAURANT GROUP, INC. Restricted Stock Unit Award AgreementRestricted Stock Unit Award Agreement • March 5th, 2024 • First Watch Restaurant Group, Inc. • Retail-eating places • Delaware
This Restricted Stock Unit Award Agreement (this “Agreement”) is made by and between First Watch Restaurant Group, Inc., a Delaware corporation (the “Company”), and [•] (the “Participant”), effective as of [•] (the “Date of Grant”).
AMENDMENT NO. 2 TO CREDIT AGREEMENTCredit Agreement • January 8th, 2024 • First Watch Restaurant Group, Inc. • Retail-eating places • New York
CREDIT AGREEMENT, dated as of October 6, 2021 (this “Agreement”), by and among FWR Holding Corporation, a Delaware corporation (the “Borrower”), AI Fresh Parent, Inc., a Delaware corporation (“Holdings”), the Lenders from time to time party hereto, the Issuing Banks from time to time party hereto and Bank of America, N.A. (including its branches and correspondents) (“Bank of America”), in its capacities as administrative agent for the Lenders and collateral agent for the Secured Parties (in such capacities and together with its permitted successors and assigns, the “Administrative Agent”) and as an Issuing Bank and the Swingline Lender.
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 7th, 2021 • First Watch Restaurant Group, Inc. • Retail-eating places • New York
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of December 20, 2019 by and among FWR Holding Corporation, a Delaware corporation (the “Borrower”), AI Fresh Parent, Inc., a Delaware corporation (“Holdings”), the other Loan Parties party hereto, the lenders holding the New Delayed Draw Term Commitments (as defined below) party hereto (the “New Delayed Draw Term Lenders”), the other Lenders party hereto and Golub Capital Markets LLC (“Golub Capital”), in its capacities as administrative agent and collateral agent for the Secured Parties (in such capacities and together with its successors and assigns, the “Administrative Agent”).
February 1, 2021Employment Agreement • September 7th, 2021 • First Watch Restaurant Group, Inc. • Retail-eating places
This letter agreement confirms the details of your continuing employment relationship with First Watch Restaurants, Inc. (the “Company”).
THIRD AMENDMENT AND WAIVER TO CREDIT AGREEMENTCredit Agreement • September 7th, 2021 • First Watch Restaurant Group, Inc. • Retail-eating places • New York
THIS THIRD AMENDMENT AND WAIVER TO CREDIT AGREEMENT (this “Amendment”) is entered into as of April 27, 2020 by and among FWR Holding Corporation, a Delaware corporation (the “Borrower”), AI Fresh Parent, Inc., a Delaware corporation (“Holdings”), the other Loan Parties party hereto, the other Lenders (as defined in the Credit Agreement referred to below) party hereto that constitute the Required Lenders (as defined in the Credit Agreement), the Lenders party hereto that constitute each Initial Delayed Draw Term Lender (as defined in the Credit Agreement) holding Initial Delayed Draw Term Loan Commitments (as defined in the Credit Agreement) and Golub Capital Markets LLC (“Golub Capital”), in its capacities as administrative agent and collateral agent for the Secured Parties (in such capacities and together with its successors and assigns, the “Administrative Agent”).
WEIL:\96647809\2\11623.0394 start with the Company to cover first year temporary housing costs, $50,000 will be paid at the onset of your move from Atlanta to Sarasota and the remaining $50,000 will be paid upon completion of your relocation. This...Employment Agreement • March 23rd, 2022 • First Watch Restaurant Group, Inc. • Retail-eating places • Florida
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 7th, 2021 • First Watch Restaurant Group, Inc. • Retail-eating places • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is entered into as of February 28, 2019 by and among FWR Holding Corporation, a Delaware corporation (the “Borrower”), AI Fresh Parent, Inc., a Delaware corporation (“Holdings”), the other Loan Parties party hereto, the lenders holding the New Delayed Draw Term Commitments (as defined below) party hereto (the “New Delayed Draw Term Lenders”), the other Lenders party hereto and Golub Capital Markets LLC (“Golub Capital”), in its capacities as administrative agent and collateral agent for the Secured Parties (in such capacities and together with its successors and assigns, the “Administrative Agent”).
FIRST WATCH RESTAURANT GROUP, INC. Stock Option Award AgreementStock Option Award Agreement • March 23rd, 2022 • First Watch Restaurant Group, Inc. • Retail-eating places • Delaware
This Stock Option Award Agreement (this “Agreement”) is made by and between First Watch Restaurant Group, Inc., a Delaware corporation (the “Company”), and [●] (the “Participant”), effective as of [●], 2022 (the “Date of Grant”).
ContractAsset Purchase Agreement • January 8th, 2024 • First Watch Restaurant Group, Inc. • Retail-eating places • Florida
*Note: Disclosure schedules and exhibits omitted pursuant to Item 601(b)(2) of Regulation S-K because the information contained therein is both not material and is the type that the registrant treats as private or confidential.
FIRST WATCH RESTAURANT GROUP, INC. Restricted Stock Unit Award AgreementRestricted Stock Unit Award Agreement • March 7th, 2023 • First Watch Restaurant Group, Inc. • Retail-eating places • Delaware
This Restricted Stock Unit Award Agreement (this “Agreement”) is made by and between First Watch Restaurant Group, Inc., a Delaware corporation (the “Company”), and [•] (the “Participant”), effective as of [•] (the “Date of Grant”).
