EXHIBIT 10.15 FIFTH AMENDED AND RESTATED CREDIT AGREEMENT, dated as of the 12th day of February, 2003, by and between ARK RESTAURANTS CORP., a New York corporation (the "Company") and BANK LEUMI USA, a New York banking corporation (the "Bank"). A....Credit Agreement • May 13th, 2003 • Ark Restaurants Corp • Retail-eating places • New York
JOINT FILING AGREEMENT PURSUANT TO RULE 13d-1(k)(1) ----------------------------Joint Filing Agreement • September 4th, 2003 • Ark Restaurants Corp • Retail-eating places
The undersigned acknowledge and agree that the foregoing statement on Schedule 13G is filed on behalf of each of the undersigned and that all subsequent amendments to this statement on Schedule 13G shall be filed on behalf of each of the undersigned without the necessity of filing additional joint filing agreements. The undersigned acknowledge that each shall be responsible for the timely filing of such amendments, and for the completeness and accuracy of the information concerning it contained therein, but shall not be responsible for the completeness and accuracy of the information concerning the others, except to the extent that it knows or has reason to believe that such information is inaccurate. This Agreement may be executed in any number of counterparts and all of such counterparts taken together shall constitute one and the same instrument.
EXHIBIT 10.11Credit Agreement • December 28th, 2001 • Ark Restaurants Corp • Retail-eating places
ARTICLE 1 DESCRIPTION AND LOCATION OF PREMISESLease Agreement • December 18th, 1998 • Ark Restaurants Corp • Retail-eating places • Nevada
EXHIBIT 10.4Credit Agreement • December 29th, 1999 • Ark Restaurants Corp • Retail-eating places • New York
AGREEMENTLicensing Agreement • December 28th, 1995 • Ark Restaurants Corp • Retail-eating places • New York
FIRST AMENDMENT OF LEASE This First Amendment of Lease, dated as of the 13th day of July, 1994, by and between MEGA REALTY, L.L.C., having offices c/o CPL New York, 145 West 30th Street, New York, New York 10001 ("Landlord"), and CONIS REALTY CORP.,...Lease • December 28th, 1995 • Ark Restaurants Corp • Retail-eating places
W I T N E S S E T H:Lease Amendment • December 28th, 1995 • Ark Restaurants Corp • Retail-eating places
THIRD AMENDED AND RESTATED CREDIT AGREEMENT AGREEMENT dated as of the 28th day of May, 1998 by and between ARK RESTAURANTS CORP., a New York corporation (the "Company") and BANK LEUMI USA F/K/A BANK LEUMI TRUST COMPANY OF NEW YORK, a New York banking...Credit Agreement • August 11th, 1998 • Ark Restaurants Corp • Retail-eating places • New York
EXHIBIT 10.12Credit Agreement • December 28th, 2001 • Ark Restaurants Corp • Retail-eating places
EXHIBIT 99.1 AGREEMENT OF JOINT FILING Bonanza Master Fund, Ltd., Bonanza Capital, Ltd. Bernay Box & Co., Inc. and Bernay Box agree that the Schedule 13G to which this Agreement is attached, and all future amendments to such Schedule 13G, shall be...Joint Filing Agreement • March 8th, 2004 • Ark Restaurants Corp • Retail-eating places
Bonanza Master Fund, Ltd., Bonanza Capital, Ltd. Bernay Box & Co., Inc. and Bernay Box agree that the Schedule 13G to which this Agreement is attached, and all future amendments to such Schedule 13G, shall be filed on behalf of each of them. This Agreement is intended to satisfy the requirements of Rule 13d-l (k)(l) under the Securities Exchange Act of 1934, as amended. This agreement may be executed in any number of counterparts, each of which shall be deemed to be in original, but all of which together shall constitute one and the same instrument.
FORM OF DIRECTOR AND OFFICER INDEMNIFICATION AGREEMENTIndemnification & Liability • July 5th, 2022 • Ark Restaurants Corp • Retail-eating places • Delaware
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of __________ between Ark Restaurants Corp., a Delaware corporation (the “Company”), and each respective Director and Officer of the Company (“Indemnitee”). Capitalized terms not defined elsewhere in this Agreement are used as defined in Section 13.
SECOND AMENDED AND RESTATED CREDIT AGREEMENT (REVOLVING FACILITY) between ARK RESTAURANTS CORP. and BANK HAPOALIM B.M. dated as of March 30, 2023Credit Agreement • April 5th, 2023 • Ark Restaurants Corp • Retail-eating places • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (REVOLVING FACILITY) is made and entered into as of the date set forth above by and between ARK RESTAURANTS CORP., a New York corporation (“Borrower”), and BANK HAPOALIM B.M. (“Bank”) and amends and restates the Prior Agreement (as hereinafter defined). For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Borrower and Bank hereby agree as follows:
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • November 16th, 2016 • Ark Restaurants Corp • Retail-eating places • Alabama
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is entered into as of the _____ day of October, 2016 (the “Effective Date”) by and among Premium Properties, Inc., an Alabama corporation, (“Real Estate Seller”), Ark Gulf Shores Real Estate, LLC, a Delaware limited liability company (“Real Estate Buyer”), Original Oyster House, Inc., an Alabama corporation (“Asset Seller”), and Ark Oyster House Gulf Shores I, LLC, a Delaware limited liability company (“Asset Buyer”).
NON-STATUTORY STOCK OPTION AGREEMENTNon-Statutory Stock Option Agreement • October 12th, 2018 • Ark Restaurants Corp • Retail-eating places • New York
THIS NON-STATUTORY STOCK OPTION AGREEMENT is made as of _______, 2010, by and between Ark Restaurants Corp., a New York corporation having its principal executive offices at 85 Fifth Avenue, New York, NY 10003 (the “Grantor”), and _______________ an individual residing at [___________________________] (the “Optionee”).
EXHIBIT 10.14 As of January 22, 2002 Ark Restaurants Corp. 85 Fifth Avenue New York, New York 10003 Gentlemen: Reference is made to that certain Fourth Amended and Restated Credit Agreement, dated as of December 27, 1999 by and between Bank Leumi USA...Credit Agreement • May 13th, 2003 • Ark Restaurants Corp • Retail-eating places
RESTAURANT ASSET PURCHASE AGREEMENTRestaurant Asset Purchase Agreement • October 28th, 2015 • Ark Restaurants Corp • Retail-eating places • Florida
THIS RESTAURANT ASSET PURCHASE AGREEMENT (this “Agreement”) is entered into as of the 10th day of August, 2015 (the “Effective Date”) by and among OCEAN ENTERPRISES, INC., a Florida corporation (“Restaurant Asset Seller”), and ARK SHUCKERS, LLC, a Delaware limited liability company (“Restaurant Asset Buyer”). Restaurant Asset Seller is sometimes herein referred to as “Seller” and Restaurant Asset Buyer is sometimes herein referred to herein as “Buyer”.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • December 15th, 2011 • Ark Restaurants Corp • Retail-eating places • New York
THIS SECURITIES PURCHASE AGREEMENT, dated as of December 9, 2011 (this “Agreement”) is by and among Ark Restaurants Corp., a New York corporation (the “Company”), and the Estate of Irving Hershkowitz (the “Seller”). The Company and the Seller are collectively referred to herein as the “Parties,” and each is a “Party.”
TERMINATION AND CONSULTING AGREEMENTTermination and Consulting Agreement • January 6th, 2012 • Ark Restaurants Corp • Retail-eating places • New York
This Termination and Consulting Agreement (the “Agreement”) is made this 5th day of January, 2012, by and between Robert Towers (“Towers”), residing at 37 Marbourne Drive, Mamaroneck, New York 10543 and ARK Restaurants Corp. (“ARK”), a New York corporation with offices at 85 Fifth Avenue, 14th Floor, New York, New York 10003-3019.
CREDIT AGREEMENT (TERM FACILITY)Credit Agreement • October 28th, 2015 • Ark Restaurants Corp • Retail-eating places • New York
THIS CREDIT AGREEMENT (TERM FACILITY) is made and entered into as of the date set forth above by and between ARK RESTAURANTS CORP., a New York corporation (“Borrower”), and BANK HAPOALIM B.M. (“Bank”). For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Borrower and Bank hereby agree as follows:
INCENTIVE STOCK OPTION AGREEMENTIncentive Stock Option Agreement • October 12th, 2018 • Ark Restaurants Corp • Retail-eating places • New York
THIS INCENTIVE STOCK OPTION AGREEMENT is made as of _______, 2018, by and between Ark Restaurants Corp., a New York corporation having its principal executive offices at 85 Fifth Avenue, New York, NY 10003 (the “Grantor”), and _______________ an individual residing at [___________________________] (the “Optionee”).
EXTENSION AND MODIFICATION OF LEASE ----------------------------------- AGREEMENT made as of this ______ day of September, 1995. W I T N E S S E T H: WHEREAS by lease ("Lease") dated as of June 9, 1982, REBAK REALTY CO. ("Landlord"), having an office...Lease Extension and Modification Agreement • December 28th, 1995 • Ark Restaurants Corp • Retail-eating places
PURCHASE AGREEMENTPurchase Agreement • October 28th, 2015 • Ark Restaurants Corp • Retail-eating places • Florida
THIS PURCHASE AGREEMENT (this “Agreement”) is entered into as of the 10th day of August, 2015 (the “Effective Date”) by and among ISLAND BEACH RESORT, INC., a Florida corporation (“Property Management Seller”), and ARK ISLAND BEACH RESORT, LLC, a Delaware limited liability company (“Property Management Buyer”). Property Management Seller is sometimes herein referred to as “Seller” and Property Management Buyer is sometimes herein referred to herein as “Buyer”.
TERM PROMISSORY NOTETerm Promissory Note • October 28th, 2015 • Ark Restaurants Corp • Retail-eating places
FOR VALUE RECEIVED, the undersigned, ARK RESTAURANTS CORP., a New York corporation, (“Borrower”) hereby absolutely and unconditionally promises to pay to the order of BANK HAPOALIM B.M. (“Bank”):
RIDER TO COMMERCIAL CONTRACTRider to Commercial Contract • October 28th, 2015 • Ark Restaurants Corp • Retail-eating places
This Rider to Commercial Contract (“Rider”) has been executed by Ark Shuckers Real Estate, LLC, a Delaware limited liability company (“Buyer”) and D.C. Holding Company, Inc., a Florida corporation (“Seller”) and shall amend and/or supplement that certain Commercial Contract executed by Buyer and Seller of even date herewith relating to the Property described therein (the “Contract”).
ROFR PURCHASE AND SALE AGREEMENTRofr Purchase and Sale Agreement • November 16th, 2016 • Ark Restaurants Corp • Retail-eating places
THIS ROFR PURCHASE AND SALE AGREEMENT (this “Agreement”) is made and entered into as of October 13, 2016 (the “ROFR PSA Effective Date”), by and between SCFRC- HW-G, LLC, a Delaware limited liability company (“Seller”), and ARK JUPITER RI, LLC, a Delaware limited liability company (“Purchaser”).
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • November 26th, 2013 • Ark Restaurants Corp • Retail-eating places • Florida
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is entered into as of November 22, 2013 (the “Effective Date”) by and among W AND O, Inc., a Florida corporation (“Seller”), and Ark Rustic Inn LLC, a Delaware limited liability company, or its designee or assignee (“Buyer”) with reference to the following:
SECOND AMENDMENT TO CREDIT AGREEMENT (REVOLVING FACILITY) Dated as of: November 30, 2016Credit Agreement (Revolving Facility) • January 27th, 2017 • Ark Restaurants Corp • Retail-eating places • New York
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (REVOLVING FACILITY) (“this Amendment”) is made and entered into as of the date set forth above (the “date hereof”) by and between ARK RESTAURANTS CORP., a New York corporation (“Borrower”), and BANK HAPOALIM B.M. (“Bank”).
AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (REVOLVING FACILITY) Dated as of: May 15, 2019Credit Agreement • December 17th, 2019 • Ark Restaurants Corp • Retail-eating places
This AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (REVOLVING FACILITY) (“this Amendment”) is made and entered as of the date set forth above (the “date hereof”) by and between ARK RESTAURANTS CORP., a New York corporation, (“Borrower”) and BANK HAPOALIM B.M. (“Bank”) and amends that certain Amended and Restated Credit Agreement (Revolving Facility), dated as of June 1, 2018, between Borrower and Bank (the “Credit Agreement”, the capitalized terms used but not otherwise defined herein being used herein as therein defined). For good and valuable consideration (the receipt and adequacy of which are hereby acknowledged), Borrower and Bank hereby agree as follows:
September 4, 2018 Anthony J. Sirica 51-01 Redfield Street Douglaston, NY 11362 Dear Anthony:Severance Agreement • September 7th, 2018 • Ark Restaurants Corp • Retail-eating places • New York
This letter agreement (the “Agreement”) is entered into between Ark Restaurants Corp. (the “Company” or “Ark”) and Anthony J. Sirica (“Employee”. “you” or “your”). This Agreement is effective as of September 4, 2018 (“Effective Date”). The purpose of this Agreement is to specify your treatment upon certain terminations of employment.
SECOND AMENDED AND RESTATED SECURITY AGREEMENT Dated as of: March 30, 2023Security Agreement • April 5th, 2023 • Ark Restaurants Corp • Retail-eating places • New York
This SECOND AMENDED AND RESTATED SECURITY AGREEMENT (“this Agreement”) is made, as of the date set forth above (the “date hereof”), by ARK RESTAURANTS CORP., a New York corporation (“Borrower” or “Grantor”), having an address at 85 Fifth Avenue, New York, New York 10036, in favor of BANK HAPOALIM B.M. (“Bank”), having an address at 1120 Avenue of the Americas, New York, New York 10036-2079.
NON-STATUTORY STOCK OPTION AGREEMENTNon-Statutory Stock Option Agreement • March 9th, 2010 • Ark Restaurants Corp • Retail-eating places • New York
THIS NON-STATUTORY STOCK OPTION AGREEMENT is made as of _______, 2010, by and between Ark Restaurants Corp., a New York corporation having its principal executive offices at 85 Fifth Avenue, New York, NY 10003 (the “Grantor”), and ________ _______ an individual residing at [___________________________] (the “Optionee”).
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • November 16th, 2016 • Ark Restaurants Corp • Retail-eating places
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made and entered into as of ____October ___, 2016 (the “Effective Date”), by and between ARK JUPITER RI, LLC, a Delaware limited liability company (“Seller”), and 1065 A1A, LLC, a Florida limited liability company (“Purchaser”). Except as otherwise expressly defined herein, capitalized terms will have the meanings set forth on Exhibit A attached hereto and incorporated herein by this reference. The Seller is sometimes referred to herein as “Tenant”.
MORTGAGE AND SECURITY AGREEMENT (ALABAMA)Mortgage and Security Agreement • January 27th, 2017 • Ark Restaurants Corp • Retail-eating places • Alabama
This MORTGAGE AND SECURITY AGREEMENT made as of the 30th day of November, 2016 between ARK GULF SHORES REAL ESTATE, LLC, a Delaware limited liability company (“Gulf Shores Mortgagor”) and ARK CAUSEWAY REAL ESTATE, LLC, a Delaware limited liability company (“Spanish Fort Mortgagor”) (hereinafter collectively called the “Mortgagor”, whether one or more), as mortgagor, and BANK HAPOALIM B.M., a New York banking corporation (hereinafter the said mortgagee and any subsequent holder of the Mortgage are referred to as the “Lender” or “Mortgagee”, whether one or more), as mortgagee.
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • December 17th, 2019 • Ark Restaurants Corp • Retail-eating places • Florida
THIS ASSET PURCHASE AGREEMENT (this "Agreement") is entered into as of the _____ day of February, 2019 (the "Effective Date") by and among BEACH HOUSE, LLC, a Florida limited liability company (“Asset Seller”), ARK RESTAURANTS CORP., a New York corporation, or its assigns (“Asset Buyer”) and BOYLE BEACH HOUSE, LLC, a Florida limited liability company (“BBH”).
