0000950152-08-000554 Sample Contracts

AMENDMENT NO. 1 TO SIXTH AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT DATED MAY 4, 2006
Revolving Credit Agreement • January 25th, 2008 • Max & Ermas Restaurants Inc • Retail-eating places • Ohio

THIS AMENDMENT NO. 1 (“Amendment No. 1”) is dated as of December 14, 2006, between MAX & ERMA’S RESTAURANTS, INC. an Ohio corporation (the “Borrower”) and NATIONAL CITY BANK, an Ohio banking corporation (the “Bank”).

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September 4, 2007 Mr. William C. Niegsch, Jr. Executive Vice President & CFO Max & Erma’s Restaurants, Inc. 4849 Evanswood Drive Columbus, Ohio 43229 Dear Bill:
Max & Ermas Restaurants Inc • January 25th, 2008 • Retail-eating places

As you are aware, Max & Erma’s Restaurants, Inc. (“Max & Erma’s” or the “Company”) is currently in default under the terms and conditions of Section 6.2(b), 6.2(c), an 6.2(h) of the Sixth Amended and Restated Revolving Credit Agreement (“Agreement”) dated May 4, 2006.

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