Credit Agreement dated as of September 25, 2012, among Steak n Shake Operations, Inc., as Borrower, and The Subsidiary Guarantors Party Hereto, The Lenders Party Hereto, Fifth Third Bank, as Lead Arranger, Book Manager, Administrative Agent,...Credit Agreement • September 28th, 2012 • Biglari Holdings Inc. • Retail-eating places • New York
This Credit Agreement (this “Agreement”) dated as of September 25, 2012, 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, Fifth Third Bank, 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”), as collateral agent for the Secured Parties (in such capacity, the “Collateral Agent”), as swingline lender (in such capacity, the “Swingline Lender”) for the Lenders, and as issuing bank (in such capacity, the “Issuing Bank”) for the Lenders, Regions Bank, as syndication agent (in such capacity, the “Syndication Agent”), and Wells Fargo Bank, N.A. and Compass Bank, as co-documentation agents for the Lenders (in such capacity, the “Documentation Agents”).
Security Agreement By Steak n Shake Operations, Inc., as Borrower and The Guarantors Party Hereto and Fifth Third Bank, as Collateral Agent Dated as of September 25, 2012Security Agreement • September 28th, 2012 • Biglari Holdings Inc. • Retail-eating places • New York
This Security Agreement, dated as of September 25, 2012 (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 Fifth Third Bank, 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”).
