The Steak N Shake Company Indianapolis, Indiana 46204 Attention: Chief Financial Officer Re: Amendment to Note Purchase and Private Shelf Agreement Ladies and Gentlemen:Steak & Shake Co • November 17th, 2005 • 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.
