EXHIBIT 10.19
FIFTH AMENDMENT TO AGREEMENT
This Agreement made as of the 31st day of January, 1999, by and among First
National Bank of Omaha ("BANK"), a national banking association with
principal offices in Omaha, Nebraska, and Austins Steaks & Saloon, Inc.
("BORROWER"), a Delaware corporation.
Whereas, BANK and BORROWER executed a written Agreement dated as of
August 31, 1996, which was subsequently amended by written Amendments to
Agreement dated February 7, 1997, March 21, 1997, October 7, 1997, and
January 31, 1998 (the Agreement, together with all amendments thereto is
collectively called the "AGREEMENT").
Now, Therefore, in consideration of the AGREEMENT, and their mutual
promises made herein, BANK and BORROWER agree as follows:
1. Unless otherwise defined in this Amendment, terms which defined in
the AGREEMENT shall have the same meanings herein.
2. Paragraph 1. of the AGREEMENT is hereby amended to read, effective
immediately:
1. ACKNOWLEDGMENT OF DEBT. The principal balance of the
OBLIGATION is $141,006.35 as of January 31, 1999. In addition, the OBLIGATION
consists of accrued interest, costs and attorney fees incurred by BANK.
3. BORROWER certifies by its execution hereof that the representations
and warranties set forth in the AGREEMENT are true as of this date, and that
no EVENT OF DEFAULT under the AGREEMENT, and no event which, with the giving
of notice or passage of time or both, would become such an EVENT OF DEFAULT,
has occurred as of this date.
4. Except as amended hereby the parties ratify and confirm as binding
upon them all of the terms of the AGREEMENT.
In witness whereof the parties set their hands as of the date first written
above.
First National Bank of Omaha Austins Steaks & Saloon, Inc., a/k/a Austins
Steaks and Saloon, Inc.
By /s/ Xxxx X. Xxxxxx By /s/ [illegible]
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Its VP Its CFO
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ACKNOWLEDGMENT BY GUARANTORS
The undersigned corporations each guarantee the indebtedness of Austins
Steaks & Saloon, Inc. to First National Bank of Omaha by written guaranty
agreements. By their execution hereof, each of the undersigned hereby
acknowledges, consents, and agrees to the above and foregoing Third Amendment
to Agreement, and each ratifies and confirms their existing guaranty of
BORROWER's OBLIGATION.
Austins of Albuquerque, Inc. Austins of Scottsdale, Inc.
By /s/ [illegible] By /s/ [illegible]
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Its CFO Its CFO
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Austins Old Market, Inc.
By /s/ [illegible]
---------------------------
Its CFO
---------------------------
Austins of New Mexico, Inc. Austins 72nd, Inc.
By /s/ [illegible] By /s/ [illegible]
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Its CFO Its CFO
--------------------------- ---------------------------
Austins Omaha, Inc.
By /s/ [illegible]
---------------------------
Its CFO
---------------------------
By: /s/ Xxxx X. Xxxxxx
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Xxxx X. Xxxxxx III, Individually as Guarantor
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