0000750274-03-000025 Sample Contracts

SUBSIDIARY GUARANTY
Subsidiary Guaranty • November 7th, 2003 • Buffets Inc • Retail-eating places • New York

This Supplemental Indenture, dated as of September 26, 2003 (this “Supplemental Indenture” or “Subsidiary Guaranty”), among HomeTown Buffet Merger Company, Inc., a Minnesota corporation (which, after giving effect to the Merger, will be know as “HomeTown Buffet, Inc.”, the “Subsidiary Guarantor”), Buffets, Inc., a Delaware corporation (the “Company”), and U.S. Bank National Association, as Trustee under the Indenture referred to below.

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SECOND SUPPLEMENTAL INDENTURE
Second Supplemental Indenture • November 7th, 2003 • Buffets Inc • Retail-eating places • New York

This “Second Supplemental Indenture”, dated as of November 5, 2003, between the Subsidiary of Buffets, Inc., a Minnesota corporation, (the “Company”), indicated as the New Guarantor on the signature pages hereto (the “Guarantor”) and U.S. Bank National Association, as trustee under the indenture referred to below (the “Trustee”).

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