EIGHTH AMENDMENT TO PARTICIPATION AGREEMENT THIS EIGHTH AMENDMENT TO PARTICIPATION AGREEMENT (hereinafter, as it may be modified, amended or supplemented from time to time, called this "Amendment"), made and entered into as of March 25, 2002, among...Participation Agreement • August 13th, 2002 • Avado Brands Inc • Retail-eating places • Georgia
EXHIBIT 10.1 AMENDMENT NO. 2 TO THE CREDIT AGREEMENTCredit Agreement • October 22nd, 2004 • Avado Brands Inc • Retail-eating places • Massachusetts
THIRD AMENDMENT TO PARTICIPATION AGREEMENT THIS THIRD AMENDMENT TO PARTICIPATION AGREEMENT (hereinafter, as it may be modified, amended or supplemented from time to time, called this "Amendment"), made and entered into as of November 13, 1998, among...Participation Agreement • April 1st, 1999 • Avado Brands Inc • Retail-eating places • Georgia
EXHIBIT 2.2 PART 1 OF 2. ASSET PURCHASE AGREEMENT DATED AS OF FEBRUARY 6, 1997,Asset Purchase Agreement • May 14th, 1997 • Apple South Inc • Retail-eating places • Florida
andRights Agreement • August 13th, 2002 • Avado Brands Inc • Retail-eating places • Georgia
ASSET PURCHASE AGREEMENT THIS ASSET PURCHASE AGREEMENT, dated as of November 25, 1998, by and among AVADO BRANDS, INC., a Georgia corporation ("Seller") and APPLE CAPITOL GROUP, LLC, a Florida Limited Liability Company ("Purchaser"). W I T N E S S E T...Asset Purchase Agreement • May 17th, 1999 • Avado Brands Inc • Retail-eating places • Georgia
PURCHASE AND SALE AGREEMENT Avado Brands, Inc. ("Seller")Purchase and Sale Agreement • January 9th, 2004 • Avado Brands Inc • Retail-eating places • Texas
EXHIBIT 1Joint Filing Agreement • November 10th, 1999 • Avado Brands Inc • Retail-eating places
The undersigned acknowledge and agree that the foregoing statement on Schedule 13D is filed on behalf of each of the undersigned and that all subsequent amendments to this statement on Schedule 13D 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 him or her contained therein, but shall not be responsible for the completeness and accuracy of the information concerning the others, except to the extent he or she knows or has reason to believe that such information is inaccurate. This Joint Filing Agreement may be executed in any number of counterparts and all of such counterparts taken together shall constitute one and the same instrument.
Exhibit 4.2 REGISTRATION RIGHTS AGREEMENT Dated as of June 22, 1999Registration Rights Agreement • July 6th, 1999 • Avado Brands Inc • Retail-eating places • New York
EXHIBIT 10.2 THIRD AMENDMENT Dated as of June 12, 2003 This THIRD AMENDMENT (the "Third Amendment") among AVADO BRANDS, INC., a Georgia corporation ("Borrower"), each of the lenders that from time to time is a party to the Credit Agreement (referred...Credit Agreement • June 25th, 2003 • Avado Brands Inc • Retail-eating places • New York
EXHIBIT 10.1 THIRD AMENDED AND RESTATED CREDIT AGREEMENT Dated as of March 21, 2003 by and among AVADO BRANDS, INC., as Borrower, the LENDERS signatory hereto, DRAWBRIDGE SPECIAL OPPORTUNITIES FUND LP, as Collateral Agent,Credit Agreement • May 14th, 2003 • Avado Brands Inc • Retail-eating places • New York
EXHIBIT 10.1 AMENDMENT NO. 3 TO THE CREDIT AGREEMENTCredit Agreement • February 14th, 2005 • Avado Brands Inc • Retail-eating places • Massachusetts
EXHIBIT 10.1 POST-PETITION CREDIT AGREEMENT Dated as of February 11, 2004 by and among AVADO BRANDS, INC., and its Subsidiaries as Borrowers, THE FINANCIAL INSTITUTIONS AND OTHER LENDERS NAMED HEREIN, as Lenders, DDJ CAPITAL MANAGEMENT, LLC, as...Credit Agreement • August 27th, 2004 • Avado Brands Inc • Retail-eating places • Massachusetts
EXHIBIT 4.5 SECOND SUPPLEMENTAL INDENTURE SECOND SUPPLEMENTAL INDENTURE (this "Supplemental Indenture") dated as of May 26, 1999 among Avado Brands, Inc., a Georgia corporation (the "Company"), and SunTrust Bank, Atlanta, a Georgia banking...Second Supplemental Indenture • May 14th, 2003 • Avado Brands Inc • Retail-eating places • New York
ASSET PURCHASE AGREEMENT THIS ASSET PURCHASE AGREEMENT, dated as of June 29, 1998, by and among APPLE SOUTH, INC., a Georgia corporation ("Seller") and AppleILLINOIS, LLC, an Illinois limited liability company ("Purchaser"). W I T N E S S E T H :...Asset Purchase Agreement • May 17th, 1999 • Avado Brands Inc • Retail-eating places • Illinois
EXHIBIT 4.4 FIRST SUPPLEMENTAL INDENTURE FIRST SUPPLEMENTAL INDENTURE (this "Supplemental Indenture") dated as of June 29, 1998 among Apple South, Inc., a Georgia corporation (the "Company"), and SunTrust Bank, Atlanta, a Georgia banking corporation,...Supplemental Indenture • May 14th, 2003 • Avado Brands Inc • Retail-eating places • New York
EXHIBIT 10.1 FORBEARANCE AGREEMENT Dated January 2, 2004 This FORBEARANCE AGREEMENT (this "Agreement") dated January 2, 2004 is entered into by and among AVADO BRANDS, INC. (the "Borrower"), each of financial institutions listed on the signature pages...Forbearance Agreement • January 15th, 2004 • Avado Brands Inc • Retail-eating places • New York
AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF APRIL 2, 2001Credit Agreement • May 16th, 2001 • Avado Brands Inc • Retail-eating places • Georgia
Exhibit 10.1 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is entered into by and between Raymond P. Barbrick (the "Executive") and Avado Brands, Inc., a Georgia corporation (the "Company"). WHEREAS, the Company is currently in the...Employment Agreement • October 1st, 2004 • Avado Brands Inc • Retail-eating places • Georgia
SEVENTH AMENDMENT TO PARTICIPATION AGREEMENT THIS SEVENTH AMENDMENT TO PARTICIPATION AGREEMENT (hereinafter, as it may be modified, amended or supplemented from time to time, called this "Amendment"), made and entered into as of April 2, 2001, among...Participation Agreement • May 16th, 2001 • Avado Brands Inc • Retail-eating places • Georgia
as Trustee INDENTURE ---------Indenture • July 6th, 1999 • Avado Brands Inc • Retail-eating places • New York
SECOND AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF MARCH 1, 1998Credit Agreement • March 23rd, 1998 • Apple South Inc • Retail-eating places • Georgia
EXHIBIT 2.1 AGREEMENT AND PLAN OF MERGER THIS AGREEMENT AND PLAN OF MERGER (the "Agreement") is made and entered into as of the 6th day of February, 1997, by and among (1) APPLE SOUTH, INC., a Georgia corporation ("Apple South"), (2) M&S ACQUISITION...Merger Agreement • July 16th, 1997 • Apple South Inc • Retail-eating places • Georgia
SECOND AMENDMENTCredit Agreement • June 25th, 2003 • Avado Brands Inc • Retail-eating places • New York
ASSET PURCHASE AGREEMENT THIS ASSET PURCHASE AGREEMENT, dated as of June 7, 2001, by and among Avado Brands, Inc., a Georgia corporation ("Avado"), McCormick & Schmick Holding Corp., a Georgia corporation ("MSHC"), each of the MSHC Subsidiaries (as...Asset Purchase Agreement • June 15th, 2001 • Avado Brands Inc • Retail-eating places • New York
THIRD AMENDMENT TO CREDIT AGREEMENT THIS THIRD AMENDMENT TO CREDIT AGREEMENT (hereinafter, as it may be modified, amended or supplemented from time to time, called this "Amendment"), made and entered into as of January 22, 1999, by and among AVADO...Credit Agreement • April 1st, 1999 • Avado Brands Inc • Retail-eating places • Georgia
BETWEENCredit Agreement • June 26th, 1997 • Apple South Inc • Retail-eating places • Georgia
Exhibit 2.1Merger Agreement • August 13th, 1997 • Apple South Inc • Retail-eating places • Delaware
EXHIBIT 10.1 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is entered into by and between Kurt Schnaubelt (the "Executive") and Avado Brands, Inc., a Georgia corporation (the "Company"). WHEREAS, the Company is currently in the process...Employment Agreement • March 7th, 2005 • Avado Brands Inc • Retail-eating places • Georgia
EXHIBIT 10.3 SECURITY AGREEMENT THIS SECURITY AGREEMENT (this "Agreement") is made and entered into as of March 6, 2002, between AVADO BRANDS, INC., a Georgia corporation having offices at Hancock at Washington, Madison, Georgia 30650 or its assignee...Security Agreement • May 6th, 2003 • Avado Brands Inc • Retail-eating places • Georgia
SIXTH AMENDMENT TO PARTICIPATION AGREEMENT THIS SIXTH AMENDMENT TO PARTICIPATION AGREEMENT (hereinafter, as it may be modified, amended or supplemented from time to time, called this "Amendment"), made and entered into as of December 22, 2000, among...Participation Agreement • April 3rd, 2001 • Avado Brands Inc • Retail-eating places • Georgia
EXHIBIT 10.2 AMENDMENT NUMBER THREE TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT THIS AMENDMENT NUMBER THREE TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment") dated as of November 11, 2002, is entered among AVADO BRANDS, INC., a...Credit Agreement • November 19th, 2002 • Avado Brands Inc • Retail-eating places • New York
BETWEENGround Lease • January 9th, 2004 • Avado Brands Inc • Retail-eating places
Exhibit 10.1 REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is made as of the day of _____, 2003 between Don Pablo's Operating Corp., an Ohio corporation ("Seller"), and Miko Investments, LLC, a...Real Estate Purchase and Sale Agreement • January 9th, 2004 • Avado Brands Inc • Retail-eating places
FIFTH AMENDMENT TO PARTICIPATION AGREEMENT THIS FIFTH AMENDMENT TO PARTICIPATION AGREEMENT (hereinafter, as it may be modified, amended or supplemented from time to time, called this "Amendment"), made and entered into as of August 24, 1999, among (i)...Participation Agreement • April 3rd, 2001 • Avado Brands Inc • Retail-eating places • Georgia
