CREDIT AGREEMENT (REVOLVING FACILITY)Credit Agreement • October 28th, 2015 • Ark Restaurants Corp • Retail-eating places • New York
This CREDIT AGREEMENT (REVOLVING FACILITY) is made and entered into as of the date set forth above by and between ARK RESTAURANTS CORP., a New York corporation (“Borrower”), and BANK HAPOALIM B.M. (“Bank”). For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Borrower and Bank hereby agree as follows:
RESTAURANT ASSET PURCHASE AGREEMENTRestaurant Asset Purchase Agreement • October 28th, 2015 • Ark Restaurants Corp • Retail-eating places • Florida
THIS RESTAURANT ASSET PURCHASE AGREEMENT (this “Agreement”) is entered into as of the 10th day of August, 2015 (the “Effective Date”) by and among OCEAN ENTERPRISES, INC., a Florida corporation (“Restaurant Asset Seller”), and ARK SHUCKERS, LLC, a Delaware limited liability company (“Restaurant Asset Buyer”). Restaurant Asset Seller is sometimes herein referred to as “Seller” and Restaurant Asset Buyer is sometimes herein referred to herein as “Buyer”.
CREDIT AGREEMENT (TERM FACILITY)Credit Agreement • October 28th, 2015 • Ark Restaurants Corp • Retail-eating places • New York
THIS CREDIT AGREEMENT (TERM FACILITY) is made and entered into as of the date set forth above by and between ARK RESTAURANTS CORP., a New York corporation (“Borrower”), and BANK HAPOALIM B.M. (“Bank”). For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Borrower and Bank hereby agree as follows:
PURCHASE AGREEMENTPurchase Agreement • October 28th, 2015 • Ark Restaurants Corp • Retail-eating places • Florida
THIS PURCHASE AGREEMENT (this “Agreement”) is entered into as of the 10th day of August, 2015 (the “Effective Date”) by and among ISLAND BEACH RESORT, INC., a Florida corporation (“Property Management Seller”), and ARK ISLAND BEACH RESORT, LLC, a Delaware limited liability company (“Property Management Buyer”). Property Management Seller is sometimes herein referred to as “Seller” and Property Management Buyer is sometimes herein referred to herein as “Buyer”.
TERM PROMISSORY NOTEArk Restaurants Corp • October 28th, 2015 • Retail-eating places
FOR VALUE RECEIVED, the undersigned, ARK RESTAURANTS CORP., a New York corporation, (“Borrower”) hereby absolutely and unconditionally promises to pay to the order of BANK HAPOALIM B.M. (“Bank”):
RIDER TO COMMERCIAL CONTRACTCommercial Contract • October 28th, 2015 • Ark Restaurants Corp • Retail-eating places
This Rider to Commercial Contract (“Rider”) has been executed by Ark Shuckers Real Estate, LLC, a Delaware limited liability company (“Buyer”) and D.C. Holding Company, Inc., a Florida corporation (“Seller”) and shall amend and/or supplement that certain Commercial Contract executed by Buyer and Seller of even date herewith relating to the Property described therein (the “Contract”).
