andRights Agreement • February 2nd, 2007 • Benihana Inc • Retail-eating places • New York
AMENDMENT TO AMENDED AND RESTATED RIGHTS AGREEMENTRights Agreement • May 21st, 2007 • Benihana Inc • Retail-eating places • New York
CREDIT AGREEMENT Dated as of February 10, 2011 among BENIHANA INC. and BENIHANA NATIONAL CORP. as collectively the Borrowers, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Sweep Plus Lender and L/C Issuer, and THE OTHER LENDERS...Credit Agreement • February 15th, 2011 • Benihana Inc • Retail-eating places • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of February 10, 2011, among BENIHANA INC., a Delaware corporation (“Benihana Inc.”), BENIHANA NATIONAL CORP., a Delaware corporation (“BNC” and, collectively with Benihana Inc., the “Borrower” or the “Borrowers”), WELLS FARGO BANK, NATIONAL ASSOCIATION (as successor by merger to Wachovia Bank, National Association) and each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (as successor by merger to Wachovia Bank, National Association), as Administrative Agent, Sweep Plus Lender and L/C Issuer.
R E C I T A L S :Stockholders' Agreement • September 5th, 2001 • Benihana Inc • Retail-eating places
Exhibit 10.19 AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT Amendment No. 2 dated as of September 1, 1998 to Employment Agreement dated January 1, 1995 and amended December 11, 1997 (as amended, the "Agreement") by and between Benihana Inc. and Michael R....Employment Agreement • September 5th, 2001 • Benihana Inc • Retail-eating places
Exhibit 10.02 AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT Amendment No. 2 dated August 28, 2006 to Employment Agreement dated September 1, 2003 (the "Agreement") by and between BENIHANA INC. (the "Company") and JUAN C. GARCIA ("Employee"), as amended by...Employment Agreement • August 31st, 2006 • Benihana Inc • Retail-eating places
R E C I T A LEmployment Agreement • June 23rd, 2006 • Benihana Inc • Retail-eating places • Florida
Exhibit 10.01 EMPLOYMENT AGREEMENT AGREEMENT dated this 28th day of August, 2006, by and between Benihana Inc., a Delaware corporation (the "Company") and Jose I. Ortega (the "Employee"). R E C I T A L S : The Company is desirous of employing Employee...Employment Agreement • August 31st, 2006 • Benihana Inc • Retail-eating places • Florida
EXHIBIT 10.2 AMENDED AND RESTATED EMPLOYMENT AGREEMENT AMENDED AND RESTATED EMPLOYMENT AGREEMENT dated as of the 18th day of June, 2007, by and between Benihana Inc., a Delaware corporation (the "Company") and Juan C. Garcia ("Executive"). R E C I T A...Employment Agreement • November 21st, 2007 • Benihana Inc • Retail-eating places • Florida
BENIHANA INC.Underwriting Agreement • September 5th, 2001 • Benihana Inc • Retail-eating places • New York
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • August 25th, 2011 • Benihana Inc • Retail-eating places • Florida
This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) is entered into this 9th day of August, 2011 (the “Effective Date”), by and between Benihana Inc., a Delaware corporation with its principal corporate office located at 8685 Northwest 53rd Terrace, Miami, Florida 33166 (the “Company”), and Cristina L. Mendoza (the “Executive”).
WITNESSETH:Credit Agreement • June 24th, 2005 • Benihana Inc • Retail-eating places • North Carolina
FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • November 19th, 2010 • Benihana Inc • Retail-eating places • Delaware
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is made as of the [___] day of [_________], between Benihana Inc., a Delaware corporation (the “Company”), and [______________] (“Indemnitee”).
CREDIT AGREEMENT Dated as of March 15, 2007 among BENIHANA INC. as Borrower, and CERTAIN SUBSIDIARIES OF THE BORROWER FROM TIME TO TIME PARTY HERETO, as Guarantors, THE SEVERAL LENDERS FROM TIME TO TIME PARTY HERETO and WACHOVIA BANK, NATIONAL...Credit Agreement • March 16th, 2007 • Benihana Inc • Retail-eating places • North Carolina
THIS CREDIT AGREEMENT, dated as of March 15, 2007 (as amended, modified, restated or supplemented from time to time, the “Credit Agreement”), is by and among BENIHANA INC., a Delaware corporation (the “Borrower”), the Guarantors (as defined herein), the Lenders (as defined herein) and WACHOVIA BANK, NATIONAL ASSOCIATION, as Agent for the Lenders (in such capacity, the “Agent”).
AGREEMENT AND PLAN OF MERGER by and among BENIHANA INC. SAFFLOWER HOLDINGS CORP. and SAFFLOWER ACQUISITION CORP. Dated as of May 22, 2012Merger Agreement • May 23rd, 2012 • Benihana Inc • Retail-eating places • Delaware
EMPLOYMENT AGREEMENTEmployment Agreement • February 15th, 2011 • Benihana Inc • Retail-eating places • Florida
This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into effective the 24th day of January, 2011 (the “Effective Date”), by and between Benihana Inc., a Delaware corporation with its principal corporate office located at 8685 Northwest 53rd Terrace, Miami, Florida 33166 (the “Company”), and Richard Stockinger (the “Executive”).
ContractEmployment Agreement • June 26th, 2009 • Benihana Inc • Retail-eating places • Florida
AMENDED AND RESTATED EMPLOYMENT AGREEMENT dated as of the 31st day of March, 2008, by and between Benihana Inc., a Delaware corporation (the “Company”) and Juan C. Garcia (“Executive”).
ContractEmployment Agreement • June 26th, 2009 • Benihana Inc • Retail-eating places • Florida
AMENDED AND RESTATED EMPLOYMENT AGREEMENT dated as of the 31st day of March, 2008, by and between Benihana Inc., a Delaware corporation (the “Company”) and Jose I. Ortega (the “Employee”).
ContractEmployment Agreement • June 26th, 2009 • Benihana Inc • Retail-eating places • Florida
AMENDED AND RESTATED EMPLOYMENT AGREEMENT dated as of the 31st day of March, 2008, by and between BENIHANA INC., a Delaware corporation (the “Company”), and TAKA YOSHIMOTO (the “Executive”).
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT Amendment No. 1 dated October 17, 2005 to Employment Agreement dated September 1, 2003 (the "Agreement") by and between BENIHANA INC. and JUAN C. GARCIA. Unless otherwise defined herein, capitalized terms shall...Employment Agreement • October 20th, 2005 • Benihana Inc • Retail-eating places
EXHIBIT 10.1 AGREEMENT OF SALE dated April __, 2006 by and among Benihana Lincoln Road Corp., a Florida corporation, with an address at 8685 NW 53rd Terrace, Miami, Florida 33166 ("Seller"), Benihana National Corp., the sole shareholder of Seller and...Agreement of Sale • April 21st, 2006 • Benihana Inc • Retail-eating places • New York
SECURITY AGREEMENTSecurity Agreement • March 16th, 2007 • Benihana Inc • Retail-eating places • North Carolina
THIS SECURITY AGREEMENT (this “Security Agreement”) is entered into as of March 15, 2007 among BENIHANA INC., a Delaware corporation (the “Borrower”), certain Subsidiaries of the Borrower (individually a “Guarantor” and collectively the “Guarantors”; together with the Borrower, individually an “Obligor”, and collectively the “Obligors”) and WACHOVIA BANK, NATIONAL ASSOCIATION (F/K/A FIRST UNION NATIONAL BANK), in its capacity as agent (in such capacity, the “Administrative Agent”) for the lenders from time to time party to the Credit Agreement described below (the “Lenders”).
DIRECTOR STOCK OPTION AGREEMENTDirector Stock Option Agreement • April 18th, 2008 • Benihana Inc • Retail-eating places • Florida
In consideration of services to be rendered by you (the “Grantee”) to Benihana Inc., a Delaware corporation (the “Company"), as a non-employee director of the Company, you have been granted an option (the “Option”) under the Company’s 2007 Equity Incentive Plan (the “2007 Plan”), which is incorporated herein by reference, to purchase from the Company a number of shares of Class A Common Stock of the Company (the “Shares”) at the exercise price per Share as listed on Exhibit A (the “Information Page”) subject to the terms and conditions of this Agreement and the 2007 Plan.
AMENDMENT TO RESTRICTED STOCK AGREEMENT UNDER THE 2007 EQUITY INCENTIVE PLAN OF BENIHANA INC.Restricted Stock Agreement • May 31st, 2011 • Benihana Inc • Retail-eating places
THIS AMENDMENT to Restricted Stock Agreement under the 2007 Equity Incentive Plan of Benihana Inc. is executed by Benihana Inc. and Christopher P. Ames, effective January 24, 2011.
AgreementShareholder Agreement • September 21st, 2010 • Benihana Inc • Retail-eating places • Delaware
This Agreement, dated as of September 20, 2010 (this “Agreement”), is by and among Benihana of Tokyo, Inc., a New York corporation (“BOT”), the RHA Testamentary Trust, a trust established under the laws of New York with Keiko Ono Aoki as sole trustee (the “Trust”), Keiko Ono Aoki and Michael W. Kata (collectively, the “BOT Group”, and each, individually, a “member” of the BOT Group) and Benihana Inc., a Delaware corporation (the “Company”).
FOURTH AMENDMENT TO CREDIT AGREEMENT AND WAIVERCredit Agreement • November 24th, 2009 • Benihana Inc • Retail-eating places • North Carolina
THIS FOURTH AMENDMENT TO CREDIT AGREEMENT AND WAIVER (this “Amendment”), dated as of November 23, 2009 is by and among BENIHANA INC., a Delaware corporation (the “Borrower”), the Domestic Subsidiaries of the Borrower party hereto (collectively, the “Guarantors”), the banks and certain financial institutions party hereto (the “Lenders”) and WACHOVIA BANK, NATIONAL ASSOCIATION, as administrative agent on behalf of the Lenders under the Credit Agreement (as hereinafter defined) (in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement, as amended hereby.
CONFIDENTIAL SEPARATION AGREEMENT, WAIVER AND RELEASESeparation Agreement • December 24th, 2009 • Benihana Inc • Retail-eating places • Florida
This SEPARATION AGREEMENT, WAIVER AND RELEASE (“Separation Agreement”) is between Benihana, Inc. (“Employer”) and Taka Yoshimoto (“Employee”).
EMPLOYEE STOCK OPTION AGREEMENTEmployee Stock Option Agreement • April 18th, 2008 • Benihana Inc • Retail-eating places • Florida
In consideration of services to be rendered by you (the “Grantee”) to Benihana Inc., a Delaware corporation (the “Company") or its subsidiary, you have been granted an option (the “Option”) under the Company’s 2007 Equity Incentive Plan (the “2007 Plan”), which is incorporated herein by reference, to purchase from the Company a number of shares of Class A Common Stock of the Company (the “Shares”) at the exercise price per Share as listed on Exhibit A (the “Information Page”) subject to the terms and conditions of this Agreement and the 2007 Plan.
CONFIDENTIAL SEPARATION AGREEMENT, WAIVER AND RELEASESeparation Agreement • February 3rd, 2010 • Benihana Inc • Retail-eating places • Florida
This SEPARATION AGREEMENT, WAIVER AND RELEASE (“Separation Agreement”) is between Benihana, Inc. (“Employer”) and Juan C. Garcia (“Employee”).
CONFIDENTIAL SEPARATION AGREEMENT, WAIVER AND RELEASESeparation Agreement • January 21st, 2010 • Benihana Inc • Retail-eating places • Florida
This SEPARATION AGREEMENT, WAIVER AND RELEASE (“Separation Agreement”) is between Benihana, Inc. (“Employer”) and Jose I. Ortega (“Ortega”).
ContractEmployment Agreement • June 13th, 2008 • Benihana Inc • Retail-eating places • Florida
AMENDED AND RESTATED EMPLOYMENT AGREEMENT, dated as of the 17 day of March, 2008, by and among BENIHANA INC., a Delaware corporation (the “Company”) and JOEL A. SCHWARTZ (the “Executive”).
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 21st, 2008 • Benihana Inc • Retail-eating places • North Carolina
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of November 19, 2008, is by and among BENIHANA INC., a Delaware corporation (the “Borrower”), the Domestic Subsidiaries of the Borrower party hereto (collectively, the “Guarantors”), the banks and certain financial institutions party hereto (the “Lenders”) and WACHOVIA BANK, NATIONAL ASSOCIATION, as administrative agent on behalf of the Lenders under the Credit Agreement (as hereinafter defined) (in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement, as amended hereby.
Exhibit 1.01 Up to 400,000 Shares BENIHANA INC. Class A Common Stock UNDERWRITING AGREEMENT May __, 2001 Ladenburg Thalmann & Co. Inc. 590 Madison Avenue New York, New York 10022 Dear Sirs: Benihana of Tokyo, Inc. (the "Selling Stockholder") proposes...Underwriting Agreement • May 29th, 2001 • Benihana Inc • Retail-eating places • New York
FIFTH AMENDMENT TO CREDIT AGREEMENT AND AMENDMENT TO CREDIT DOCUMENTSCredit Agreement • June 11th, 2010 • Benihana Inc • Retail-eating places • North Carolina
THIS FIFTH AMENDMENT TO CREDIT AGREEMENT AND AMENDMENT TO CREDIT DOCUMENTS (this “Amendment”), dated as of January 31, 2010 is by and among BENIHANA INC., a Delaware corporation (the “Borrower”), the Domestic Subsidiaries of the Borrower party hereto (collectively, the “Guarantors”), the banks and certain financial institutions party hereto (the “Lenders”) and WACHOVIA BANK, NATIONAL ASSOCIATION, as administrative agent on behalf of the Lenders under the Credit Agreement (as hereinafter defined) (in such capacity, the “Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement, as amended hereby.
November 30, 2009Engagement Agreement • July 26th, 2010 • Benihana Inc • Retail-eating places
