ContractResignation, Appointment and Acceptance Agreement • May 5th, 2020
Contract Type FiledMay 5th, 2020<DOCUMENT> <TYPE>EX-10.28 <SEQUENCE>4 <FILENAME>0004.txt <TEXT> RESIGNATION, APPOINTMENT AND ACCEPTANCE AGREEMENT ------------------------------------------------- THIS AGREEMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this "Agreement") dated as of October 31, 2000, by and among First Union National Bank (formally known as First Union National Bank of North Carolina), a national banking association and trust company duly organized and existing under the laws of the United States of America (the "Prior Trustee"), Bank One, N.A., a national banking association duly organized and existing under the laws of the United States of America (the "Successor"), and Cooker Restaurant Corporation (the "Company"). This instrument shall be governed by and construed in accordance with the laws of the State of Ohio. WHEREAS, the Company issued its $23,000,000 6.75% Convertible Subordinated Debentures Due 2002 of which $12,533,000 are outstanding (the "Notes"), under an Indenture dated as of October