CREDIT AGREEMENT dated as of September 8, 2011, among STEAK N SHAKE OPERATIONS, INC., as Borrower, and THE OTHER GUARANTORS PARTY HERETO, as Guarantors, THE LENDERS PARTY HERETO, JEFFERIES FINANCE LLC, as Arranger, Book Manager, Administrative Agent...Credit Agreement • September 13th, 2011 • Biglari Holdings Inc. • Retail-eating places • New York
This CREDIT AGREEMENT (this “Agreement”) dated as of September 8, 2011, among Steak n Shake Operations, Inc., an Indiana corporation (the “Borrower”), the Subsidiary Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), the Lenders, Jefferies Finance LLC, as lead arranger (in such capacity, the “Arranger”), as book manager (in such capacity, the “Book Manager”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), and as collateral agent for the Secured Parties (in such capacity, the “Collateral Agent”), The CIT GROUP/Business Credit, Inc., Regions Bank and CapitalSource Bank, as co-documentation agents for the Lenders (in such capacity, the “Documentation Agents”) and Fifth Third Bank, as syndication agent (in such capacity, the “Syndication Agent”), as swingline lender (in such capacity, the “Swingline Lender”) for the Lenders and as issuing bank (in such capacity, the “Issuin
SECURITY AGREEMENT By STEAK N SHAKE OPERATIONS, INC., as Borrower and THE GUARANTORS PARTY HERETO and JEFFERIES FINANCE LLC, as Collateral Agent Dated as of September 8, 2011Security Agreement • September 13th, 2011 • Biglari Holdings Inc. • Retail-eating places • New York
This SECURITY AGREEMENT, dated as of September 8, 2011 (as amended, amended and restated, supplemented or otherwise modified from time to time in accordance with the provisions hereof, this “Agreement”), made by Steak n Shake Operations, Inc., an Indiana corporation (“Borrower”), and the Subsidiary Guarantors from time to time party hereto by execution of this Agreement or otherwise by execution of a Joinder Agreement (the “Guarantors”), as pledgors, assignors and debtors (Borrower, together with the Guarantors, in such capacities and together with any successors in such capacities, the “Pledgors,” and each, a “Pledgor”), in favor of Jefferies Finance LLC, in its capacity as Collateral Agent pursuant to the Credit Agreement (as hereinafter defined), as pledgee, assignee and secured party (in such capacities and together with any successors in such capacities, the “Collateral Agent”).
