CONFIDENTIALITY AGREEMENT — COWEN REPRESENTING SELLERConfidentiality Agreement • January 25th, 2010 • Meruelo Alex Living Trust • Retail-eating places • California
Cowen and Company, LLC (“Cowen”), is acting on behalf of Rubio’s Restaurants, Inc. (the “Company”) to explore a possible strategic transaction involving the Company (the “Transaction”). In that connection, you have requested financial and other information concerning the business and affairs of the Company. In consideration of furnishing you and your directors, officers, employees, agents, affiliates, advisors and potential financing sources (including such financing sources’ directors, officers, employees, agents and advisors) (collectively, “Representatives”) such financial and other information, you agree to treat, and to direct your Representatives to treat, such information furnished to you by or on behalf of the Company or its Representatives and all analyses, compilations, studies and other materials containing or reflecting, in whole or in part, any such information (collectively, “Evaluation Material”), as follows:
