FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • May 3rd, 2005 • Outback Steakhouse Inc • Retail-eating places
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made as of the 28th day of April, 2005, by and among OUTBACK STEAKHOUSE, INC., a Delaware corporation (referred to herein as the “Borrower”), WACHOVIA BANK, NATIONAL ASSOCIATION (the “Bank”) and OUTBACK STEAKHOUSE OF FLORIDA, INC., CARRABBA’S ITALIAN GRILL, INC., OUTBACK STEAKHOUSE INTERNATIONAL, INC., OS CAPITAL, INC., OS PACIFIC, INC., OS PRIME, INC., BONEFISH GRILL, INC. and OUTBACK SPORTS, LLC (collectively referred to herein as the “Guarantors”).
AMENDED AND RESTATED NOTEOutback Steakhouse Inc • May 3rd, 2005 • Retail-eating places
This Note is the Note referred to in the Credit Agreement dated as of April 27, 2004 between the Borrower and Wachovia Bank, National Association as amended by that certain First Amendment to Credit Agreement dated April 28, 2005 (as the same may be amended or modified from time to time, the “Credit Agreement”). Terms defined in the Credit Agreement are used herein with the same meanings. Reference is made to the Credit Agreement for provisions for the prepayment and the repayment hereof and the acceleration of the maturity hereof. This Note is being issued in exchange for (and replaces) the Note of the Borrower payable to the order of Wachovia Bank, National Association dated April 27, 2004, in the stated principal amount of $20,000,000.00.
