EXHIBIT 10.17 CREDIT AGREEMENT BETWEEN THE STEAK N SHAKE COMPANY AND FIFTH THIRD BANK, INDIANA CREDIT AGREEMENT BETWEEN THE STEAK N SHAKE COMPANY AND FIFTH THIRD BANK, INDIANA (CENTRAL) DATED AS OF NOVEMBER 16, 2001 TABLE OF CONTENTSCredit Agreement • December 19th, 2001 • Steak & Shake Co • Retail-eating places • Indiana
RIGHTS AGREEMENTRights Agreement • May 17th, 2001 • Steak & Shake Co • Retail-eating places • Indiana
SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT CONSOLIDATED PRODUCTS, INC., an Indiana corporation, (the "Company") and BANK ONE, INDIANAPOLIS, National Association, a national banking association, (the "Bank") agree as follows: 1. CONTEXT....Credit Agreement • May 15th, 1997 • Consolidated Products Inc /In/ • Retail-eating places • Indiana
EXHIBIT 10.05 RETIREMENT AGREEMENT BY AND BETWEEN S. SUE ARAMIAN AND THE REGISTRANT TERMINATION OF EMPLOYMENT AGREEMENT This Termination of Employment Agreement (the "Agreement") is made and entered into as of the 15th day of August, 2001, by and...Retirement Agreement • December 19th, 2001 • Steak & Shake Co • Retail-eating places
EXHIBIT 4.12Credit Agreement • August 15th, 2000 • Consolidated Products Inc /In/ • Retail-eating places
EXHIBIT 4.07 THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • December 18th, 1997 • Consolidated Products Inc /In/ • Retail-eating places
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT CONSOLIDATED PRODUCTS, INC., an Indiana corporation, (the "Company") and BANK ONE, INDIANAPOLIS, National Association, a national banking association, (the "Bank") agree as follows: 1. CONTEXT....Credit Agreement • December 15th, 1995 • Consolidated Products Inc /In/ • Retail-eating places
Credit Agreement dated as of September 25, 2012, among Steak n Shake Operations, Inc., as Borrower, and The Subsidiary Guarantors Party Hereto, The Lenders Party Hereto, Fifth Third Bank, as Lead Arranger, Book Manager, Administrative Agent,...Credit Agreement • September 28th, 2012 • Biglari Holdings Inc. • Retail-eating places • New York
This Credit Agreement (this “Agreement”) dated as of September 25, 2012, among Steak n Shake Operations, Inc., an Indiana corporation (the “Borrower”), the Subsidiary Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), the Lenders, Fifth Third Bank, as lead arranger (in such capacity, the “Arranger”), as book manager (in such capacity, the “Book Manager”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), as collateral agent for the Secured Parties (in such capacity, the “Collateral Agent”), as swingline lender (in such capacity, the “Swingline Lender”) for the Lenders, and as issuing bank (in such capacity, the “Issuing Bank”) for the Lenders, Regions Bank, as syndication agent (in such capacity, the “Syndication Agent”), and Wells Fargo Bank, N.A. and Compass Bank, as co-documentation agents for the Lenders (in such capacity, the “Documentation Agents”).
EXHIBIT 4.10 April 21, 1999Note Purchase and Private Shelf Agreement • May 28th, 1999 • Consolidated Products Inc /In/ • Retail-eating places • Illinois
EXHIBIT 4.11 SIXTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 19th, 2000 • Consolidated Products Inc /In/ • Retail-eating places
EXHIBIT 4.09 FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 28th, 1999 • Consolidated Products Inc /In/ • Retail-eating places
EXHIBIT 10.21Nonemployee Director Stock Option Agreement • August 15th, 2000 • Consolidated Products Inc /In/ • Retail-eating places • Indiana
CREDIT AGREEMENT dated as of March 19, 2014, among STEAK N SHAKE OPERATIONS, INC., as Borrower, and THE SUBSIDIARY GUARANTORS PARTY HERETO, as Guarantors, THE LENDERS PARTY HERETO, JEFFERIES FINANCE LLC, as Syndication Agent, Documentation Agent, Book...Credit Agreement • March 21st, 2014 • Biglari Holdings Inc. • Retail-eating places • New York
This CREDIT AGREEMENT (this “Agreement”), dated as of March 19, 2014, among Steak n Shake Operations, Inc., an Indiana corporation (“Borrower”), the Subsidiary Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), the Lenders, Jefferies Finance LLC and Fifth Third Bank, as joint lead arrangers (in such capacity, the “Arrangers”), Jefferies Finance LLC, as book manager (in such capacity, the “Book Manager”), as documentation agent for the Lenders (in such capacity, the “Documentation Agent”), as syndication agent (in such capacity, the “Syndication Agent”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) and as collateral agent for the Secured Parties (in such capacity, the “Collateral Agent”), and Fifth Third Bank, as swingline lender for the Lenders (in such capacity, the “Swingline Lender”) and as issuing bank for the Lenders (in such capacity, the “Issuing Bank”).
Purchase PlanPurchase Plan • May 13th, 2016 • Biglari Holdings Inc. • Retail-eating places
Purchase Plan, adopted May 10, 2016 (the “Purchase Plan”), between The Lion Fund II, L.P. (“Purchaser”) and J.P. Morgan Securities LLC (“JPMS”). The purpose of this Purchase Plan is to aid in achieving the investment objectives of the Purchaser.
As of September 27, 1995 The Prudential Insurance Company of America ("PRUDENTIAL") Each Prudential Affiliate (as hereinafter defined) which becomes bound by certain provisions of this Agreement as hereinafter provided (together with Prudential, the...Senior Promissory Note Agreement • December 15th, 1995 • Consolidated Products Inc /In/ • Retail-eating places • Illinois
FIRST AMENDMENT TO CHANGE IN CONTROL BENEFITS AGREEMENTChange in Control Benefits Agreement • May 19th, 2008 • Steak & Shake Co • Retail-eating places
This First Amendment (the “Amendment”) to that certain Change in Control Benefits Agreement entered into by the parties on November 7, 2007, by and between The Steak N Shake Company, an Indiana corporation (hereinafter referred to as the “Company”), and Duane E. Geiger (hereinafter referred to as “Executive”) (the “Agreement”) is hereby made this 22nd day of April, 2008 on the following terms and conditions:
STEAK N SHAKE OPERATIONS, INC. MULTIPLE UNIT FRANCHISE AGREEMENTMultiple Unit Franchise Agreement • September 27th, 2005 • Steak & Shake Co • Retail-eating places • Indiana
THIS MULTIPLE UNIT FRANCHISE AGREEMENT ("Agreement") is made and entered into this 21st day of September, 2005, ("Effective Date") by and among STEAK N SHAKE OPERATIONS, INC., an Indiana corporation, with its principal office at 500 Century Building, 36 South Pennsylvania Street, Indianapolis, Indiana 46204 (the "Company") and Reinwald Enterprises Emory, LLC ,an Indiana limited liability company, and Reinwald Enterprises Wild Geese, LLC, an Indiana limited liability company, both having their principal offices at 9948 Ridge Drive, Indianapolis, Indiana 46256 or its Permitted Assigns (as that term is defined in Section 13.2 hereof) (collectively, the "Franchisee").
SIXTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 15th, 2006 • Steak & Shake Co • Retail-eating places
THE STEAK N SHAKE COMPANY, an Indiana corporation (the “Company”) and FIFTH THIRD BANK (CENTRAL INDIANA), a Michigan banking corporation, formerly known as Fifth Third Bank, Indiana (Central) (the “Bank”), being parties to that certain Credit Agreement dated as of November 16, 2001, as previously amended (collectively, the “Agreement”) agree to further amend the Agreement by this Sixth Amendment to Credit Agreement (this “Amendment”) as follows.
VOTING AGREEMENTVoting Agreement • November 18th, 2009 • Steak & Shake Co • Retail-eating places • Delaware
This VOTING AGREEMENT ("Agreement") is made and entered into as of October 22, 2009, by and among The Steak n Shake Company, an Indiana corporation ("SNS"), and the undersigned securityholder (the "Securityholder") of Western Sizzlin Corporation, a Delaware corporation (the "Company"). All capitalized terms herein not otherwise defined shall have the meaning ascribed to them in the Merger Agreement (as defined below).
December 18, 2002Note Purchase and Private Shelf Agreement • December 20th, 2002 • Steak & Shake Co • Retail-eating places • Illinois
Reference is made to that certain Amended and Restated Note Purchase and Private Shelf Agreement dated as of September 20, 2002 (as amended from time to time, the "Note Agreement") between The Steak N Shake Company, an Indiana corporation (the "Company") and The Prudential Insurance Company of America ("Prudential") and each Prudential Affiliate which may become a party thereto in accordance with the terms thereof, pursuant to which the Company issued and sold and Prudential purchased the Company's senior fixed rate notes from time to time. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Note Agreement.
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 30th, 2006 • Steak & Shake Co • Retail-eating places
This Amendment to Employment Agreement (the “Amendment”) is entered into effective this 28th day of March, 2006, between Wayne Kelley (“Employee”) and Steak n Shake Operations, Inc. (“SNS”). This Amendment modifies the Employment Agreement between the parties entered into on December 29, 2006 (the “Agreement”), a copy of which is attached hereto as Exhibit A.
PERSONAL PROPERTY SALES AGREEMENTPersonal Property Sales Agreement • December 22nd, 2005 • Steak & Shake Co • Retail-eating places
THIS AGREEMENT is made this 16th day of December, 2005, by and among Steak n Shake Operations, Inc., an Indiana corporation ("Seller") and Kelley Operations, Inc., a North Carolina corporation, having its principal office at 4020 Waterford Drive, Charlotte, North Carolina 28226, or its assigns (collectively the "Purchaser").
ELEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 10th, 2009 • Steak & Shake Co • Retail-eating places
THE STEAK N SHAKE COMPANY, an Indiana corporation (the “Company”) and FIFTH THIRD BANK, a Michigan banking corporation, formerly known as Fifth Third Bank (Central Indiana) and as Fifth Third Bank, Indiana (Central) (the “Bank”), being parties to that certain Credit Agreement dated as of November 16, 2001, as previously amended (collectively, the “Agreement”), agree to further amend the Agreement by this Eleventh Amendment to Credit Agreement (this “Amendment”) as follows.
THE STEAK N SHAKE COMPANY AMENDED AND RESTATED NOTE PURCHASE AND PRIVATE SHELF AGREEMENTNote Purchase and Private Shelf Agreement • December 20th, 2002 • Steak & Shake Co • Retail-eating places • Illinois
Prudential Investment Management, Inc. ("Prudential") The Prudential Insurance Company of America ("PICA") Each Prudential Affiliate (as hereinafter defined) which becomes bound by certain provisions of this Agreement as hereinafter provided (together with PICA, the "Purchasers")
SEVERANCE AND GENERAL RELEASE AGREEMENTSeverance Agreement • December 10th, 2007 • Steak & Shake Co • Retail-eating places • Indiana
This Severance and General Release Agreement ("Agreement") is entered into this 17th day of September, 2007, by and between The Steak n Shake Company and its subsidiaries or related companies (collectively, the "Company") and Gary Walker ("Employee").
The Steak N Shake Company Indianapolis, Indiana 46204 Attention: Chief Financial Officer Re: Amendment to Note Purchase and Private Shelf Agreement Ladies and Gentlemen:Note Purchase and Private Shelf Agreement • November 17th, 2005 • Steak & Shake Co • Retail-eating places • Illinois
Reference is made to that certain Amended and Restated Note Purchase and Private Shelf Agreement dated as of September 20, 2002 (as amended prior to the date hereof, the "Note Agreement") among The Steak N Shake Company, an Indiana corporation (the "Company"), Prudential Investment Management, Inc., The Prudential Insurance Company of America and each Prudential Affiliate which may become a party thereto in accordance with the terms thereof (collectively, "Prudential"), pursuant to which the Company issued and sold and Prudential purchased the Company’s senior fixed rate notes from time to time. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Note Agreement.
CONTRACT FOR THE PURCHASE AND SALE OF REAL ESTATEContract for the Purchase and Sale of Real Estate • September 27th, 2005 • Steak & Shake Co • Retail-eating places • Indiana
Subject to the terms and provisions contained herein, Steak n Shake Operations, Inc., an Indiana corporation ("Seller"), hereby agrees to sell and convey to Reinwald Enterprises Wild Geese, LLC an Indiana limited liability company and/or its permitted assigns ("Purchaser"), and Purchaser hereby agrees to buy and pay for that certain real property situated in the City of Knoxville, Knox County, Tennessee, containing approximately 1.06 acres of land, more or less (the "Real Estate"), more particularly described on Exhibit "A"attached hereto and made a part hereof, along with all improvement located thereon (the "Real Estate").
Re: Amendment No. 6 to Amended and Restated Note Purchase and Private Shelf AgreementNote Purchase and Private Shelf Agreement • December 10th, 2007 • Steak & Shake Co • Retail-eating places • Illinois
Reference is made to that certain Amended and Restated Note Purchase and Private Shelf Agreement dated as of September 20, 2002, as amended by that certain Amendment dated December 18, 2002, that certain Amendment dated May 21, 2003, that certain Amendment dated September 17, 2003, that certain Amendment dated November 7, 2005 and that certain Amendment dated October 30, 2007 (as so amended, the “Note Agreement”) among The Steak N Shake Company, an Indiana corporation (the “Company”), Prudential Investment Management, Inc., The Prudential Insurance Company of America and each Prudential Affiliate which has or may become a party thereto in accordance with the terms thereof (collectively, “Prudential”), pursuant to which the Company issued and sold and Prudential purchased the Company’s senior fixed rate notes from time to time. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Note Agreement.
INDEMNITY AGREEMENTIndemnification Agreement • December 10th, 2007 • Steak & Shake Co • Retail-eating places • Indiana
This AGREEMENT is made as of October 9, 2007, by and between The Steak n Shake Company, an Indiana corporation (the "Corporation"), and (See listing below) (the "Indemnitee"), a director and/or executive officer of the Corporation.
RESIGNATION AGREEMENT AND COMPLETE GENERAL RELEASEResignation Agreement • July 29th, 2008 • Steak & Shake Co • Retail-eating places • Indiana
This Resignation Agreement and Complete General Release (the “Agreement”) is entered into effective this 23rd day of July, 2008 by and between Steven C. Schiller (“Mr. Schiller”) and The Steak n Shake Company (“SNS”).
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • December 20th, 2002 • Steak & Shake Co • Retail-eating places
THE STEAK N SHAKE COMPANY, an Indiana corporation (the "Company") and FIFTH THIRD BANK, INDIANA (CENTRAL), a national banking association with its principal office in Indianapolis, Indiana (the "Bank"), being parties to that certain Credit Agreement dated as of November 16, 2001, as previously amended (collectively, the "Agreement") agree to amend the Agreement by this Second Amendment to Credit Agreement (this "Amendment") as follows.
SERVICES AGREEMENTServices Agreement • September 15th, 2017 • Biglari Holdings Inc. • Retail-eating places • Indiana
This Services Agreement (this "Agreement") is made and entered into as of September 15, 2017 by and among Biglari Holdings Inc., an Indiana corporation ("BH"), Biglari Enterprises LLC, a Delaware limited liability company, and Biglari Capital LLC, a Texas limited liability company (formerly Biglari Capital Corp.) ("BCC," and together with Biglari Enterprises LLC, the "Biglari Entities").
JOINT FILING AGREEMENTJoint Filing Agreement • January 6th, 2012 • Biglari Holdings Inc. • Retail-eating places
In accordance with Rule 13d-1(k)(1)(iii) under the Securities Exchange Act of 1934, as amended, the persons named below agree to the joint filing on behalf of each of them of Amendment No. 7 to the Schedule 13D originally filed on June 13, 2011 (including additional amendments thereto) with respect to the shares of Common Stock, par value $0.01 per share, of Cracker Barrel Old Country Store, Inc. This Joint Filing Agreement shall be filed as an Exhibit to such Statement.
Re: Amendment No. 5 to Amended and Restated Note Purchase and Private Shelf AgreementNote Purchase and Private Shelf Agreement • December 10th, 2007 • Steak & Shake Co • Retail-eating places • Illinois
Reference is made to that certain Amended and Restated Note Purchase and Private Shelf Agreement dated as of September 20, 2002, as amended by that certain Amendment dated December 18, 2002, that certain Amendment dated May 21, 2003, that certain Amendment dated September 17, 2003 and that certain Amendment dated November 7, 2005 (as so amended, the “Note Agreement”) among The Steak N Shake Company, an Indiana corporation (the “Company”), Prudential Investment Management, Inc., The Prudential Insurance Company of America and each Prudential Affiliate which has or may become a party thereto in accordance with the terms thereof (collectively, “Prudential”), pursuant to which the Company issued and sold and Prudential purchased the Company’s senior fixed rate notes from time to time. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Note Agreement.
EIGHTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • May 19th, 2008 • Steak & Shake Co • Retail-eating places • Indiana
THE STEAK N SHAKE COMPANY, an Indiana corporation (the “Company”) and FIFTH THIRD BANK, a Michigan banking corporation, formerly known as Fifth Third Bank (Central Indiana), and Fifth Third Bank, Indiana (Central) (the “Bank”), being parties to that certain Credit Agreement dated as of November 16, 2001, as previously amended (collectively, the “Agreement”), agree to further amend the Agreement by this Eighth Amendment to Credit Agreement (this “Amendment”) as follows.
