SEVERANCE AND GENERAL RELEASE AGREEMENTSeverance Agreement • December 10th, 2007 • Steak & Shake Co • Retail-eating places • Indiana
This Severance and General Release Agreement ("Agreement") is entered into this 17th day of September, 2007, by and between The Steak n Shake Company and its subsidiaries or related companies (collectively, the "Company") and Gary Walker ("Employee").
Re: Amendment No. 6 to Amended and Restated Note Purchase and Private Shelf AgreementNote Purchase and Private Shelf Agreement • December 10th, 2007 • Steak & Shake Co • 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 by that certain Amendment dated December 18, 2002, that certain Amendment dated May 21, 2003, that certain Amendment dated September 17, 2003, that certain Amendment dated November 7, 2005 and that certain Amendment dated October 30, 2007 (as so amended, 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 has or 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.
INDEMNITY AGREEMENTIndemnification Agreement • December 10th, 2007 • Steak & Shake Co • Retail-eating places • Indiana
This AGREEMENT is made as of October 9, 2007, by and between The Steak n Shake Company, an Indiana corporation (the "Corporation"), and (See listing below) (the "Indemnitee"), a director and/or executive officer of the Corporation.
Re: Amendment No. 5 to Amended and Restated Note Purchase and Private Shelf AgreementNote Purchase and Private Shelf Agreement • December 10th, 2007 • Steak & Shake Co • 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 by that certain Amendment dated December 18, 2002, that certain Amendment dated May 21, 2003, that certain Amendment dated September 17, 2003 and that certain Amendment dated November 7, 2005 (as so amended, 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 has or 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.
CHANGE IN CONTROL BENEFITS AGREEMENTChange in Control Benefits Agreement • December 10th, 2007 • Steak & Shake Co • Retail-eating places • Indiana
This Change in Control Benefits Agreement (“Agreement”) is made and entered into as of November 7, 2007, by and between The Steak N Shake Company, an Indiana corporation (hereinafter referred to as the “Company”), and Gary T. Reinwald (hereinafter referred to as “Executive”).
SEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • December 10th, 2007 • Steak & Shake Co • Retail-eating places • Indiana
THE STEAK N SHAKE COMPANY, an Indiana corporation (the “Company”) and FIFTH THIRD BANK, a Michigan banking corporation, formerly known as Fifth Third Bank (Central Indiana), and Fifth Third Bank, Indiana (Central) (the “Bank”), being parties to that certain Credit Agreement dated as of November 16, 2001, as previously amended (collectively, the “Agreement”), agree to further amend the Agreement by this Seventh Amendment to Credit Agreement (this “Amendment”) as follows.
CHANGE IN CONTROL BENEFITS AGREEMENTChange in Control Benefits Agreement • December 10th, 2007 • Steak & Shake Co • Retail-eating places • Indiana
This Change in Control Benefits Agreement (“Agreement”) is made and entered into as of November 7, 2007, by and between The Steak N Shake Company, an Indiana corporation (hereinafter referred to as the “Company”), and Jeffrey A. Blade (hereinafter referred to as “Executive”).
