Exhibit 10.19
FOURTH AMENDMENT TO AGREEMENT
This Agreement made as of the 31st day of January, 1998, 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 and October 7, 1997 (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. ACKNOWLEDGEMENT OF DEBT. The principal balance of the
OBLIGATION is $231,006.35 as of January 31, 1998. In addition, the OBLIGATION
consists of accrued interest, costs and attorney fees incurred by BANK.
3. Paragraph 3. of the AGREEMENT is hereby amended to read, effective
immediately:
3. PAYMENTS AND INTEREST. Attached hereto, marked Exhibit "A", and
made a part hereof by this reference, is a true copy of the NOTE. BORROWER
shall make the payments of principal and interest set forth therein. Such
payments shall be applied by BANK first to costs, fees and charges, next to
accrued interest, and finally to principal of the OBLIGATION.
4. The AGREEMENT is amended, effective immediately, by adding the
following Paragraph 7., immediately following Paragraph 6. of the AGREEMENT:
7. ASSIGNMENT OF NOTE AND COLLATERAL. Xxxx Xxxxxx has executed and
delivered to BANK a written guaranty of the OBLIGATION. In the event Xxxx
Xxxxxx is required to pay the OBLIGATION to BANK as the result of such
guaranty, BANK agrees to endorse, assign and transfer the NOTE and all
security agreements and collateral documents securing the same, to Xxxx
Xxxxxx, without recourse.
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5. 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.
6. 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/ Xxxxxx Xxxx-Xxxxx
----------------------------------- -------------------------------------
Its Second Vice President Its Chief Financial Officer
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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/ Xxxxxx Xxxx-Xxxxx By /s/ Xxxxxx Xxxx-Xxxxx
----------------------------------- -------------------------------------
Its Chief Financial Officer Its Chief Financial Officer
---------------------------------- ------------------------------------
Austins Old Market, Inc. Missouri Development Company
By /s/ Xxxxxx Xxxx-Xxxxx By /s/ Xxxxxx Xxxx-Xxxxx
----------------------------------- -------------------------------------
Its Chief Financial Officer Its Chief Financial Officer
---------------------------------- ------------------------------------
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Austins of New Mexico, Inc. Austins 72nd, Inc.
By /s/ Xxxxxx Xxxx-Xxxxx By /s/ Xxxxxx Xxxx-Xxxxx
----------------------------------- -------------------------------------
Its Chief Financial Officer Its Chief Financial Officer
---------------------------------- ------------------------------------
Austins Lincoln, Inc. Austins Omaha, Inc.
By /s/ Xxxxxx Xxxx-Xxxxx By /s/ Xxxxxx Xxxx-Xxxxx
----------------------------------- -------------------------------------
Its Chief Financial Officer Its Chief Financial Officer
---------------------------------- ------------------------------------
By: /s/ Xxxx X. Xxxxxx III
----------------------------------
Xxxx X. Xxxxxx III, Individually
as Guarantor
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