REVOLVING NOTE
Exhibit
10.2
March
15,
2007
FOR
VALUE
RECEIVED, BENIHANA
INC.,
a
Delaware corporation (the “Borrower”),
hereby promises to pay to the order of WACHOVIA BANK, NATIONAL ASSOCIATION,
its
successors and assigns (the “Lender”),
at
the office of Wachovia Bank, National Association, as Agent (the “Agent”),
at
such place or places as the holder hereof may designate, at the times set forth
in the Credit Agreement dated as of the date hereof among the Borrower, the
Lenders and the Agent (as it may be amended, modified, extended or restated
from
time to time, the “Credit
Agreement”;
all
capitalized terms not otherwise defined herein shall have the meanings set
forth
in the Credit Agreement), but in no event later than the Maturity Date, in
Dollars and in immediately available funds, the aggregate unpaid principal
amount of all Revolving Loans made by the Lender to the Borrower pursuant to
the
Credit Agreement, and to pay interest from the date hereof on the unpaid
principal amount hereof, in like money, at said office, on the dates and at
the
rates selected in accordance with the Credit Agreement.
Upon
the
occurrence and during the continuance of an Event of Default, the balance
outstanding hereunder shall bear interest as provided in Section 3.1 of the
Credit Agreement. Further, in the event the payment of all sums due hereunder
is
accelerated under the terms of the Credit Agreement, this Note, and all other
indebtedness of the Borrower to the Lender shall become immediately due and
payable, without presentment, demand, protest or notice of any kind, all of
which are hereby waived by the Borrower.
In
the
event this Note is not paid when due at any stated or accelerated maturity,
the
Borrower agrees to pay, in addition to the principal and interest, all costs
and
collection, including reasonable attorneys’ fees.
IN
WITNESS WHEREOF, the Borrower has caused this Note to be duly executed by its
duly authorized officer as of the day and year first above written.
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